H.R. 4350 — what changed
National Defense Authorization Act for Fiscal Year 2022
From Introduced in House to Reported in House. 9 sections amended, 597 added, and 2 removed between Introduced in House and Reported in House.
Sec. 2 Organization of Act into divisions; table of contents
added
Divisions— This Act is organized into four divisions as follows:
added
Division A—Department of Defense Authorizations.
added
Division B—Military Construction Authorizations.
added
Division C—Department of Energy National Security Authorizations and Other Authorizations.
added
Division D—Funding Tables.
added
Division E—Non-Department of Defense Matters.
added
Table of contents— The table of contents for this Act is as follows:
removed
The table of contents for this Act is as follows:
Sec. 3 Congressional defense committees
addedadded In this Act, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.
Sec. 101 Authorization of appropriations
changed
Funds are hereby authorized to be appropriated for fiscal year 2022 for procurement for the Army Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as follows:specified in the funding table in section 4101.
removed
For aircraft, $2,806,452,000.
removed
For missiles, $3,556,251,000.
removed
For ammunition, $2,158,110,000.
removed
For weapons and tracked combat vehicles, $3,875,893,000.
removed
For other procurement, $8,873,558,000.
Sec. 102 Navy and Marine Corps
removed
removed
Funds are hereby authorized to be appropriated for fiscal year 2022 for procurement for the Navy and Marine Corps as follows:
removed
For aircraft, $16,477,178,000.
removed
For shipbuilding and conversion, $22,571,059,000.
removed
For ammunition procurement, Navy and Marine Corps, $988,018,000.
removed
For weapons, $4,220,705,000.
removed
For other procurement, $10,875,912,000.
removed
For procurement, Marine Corps, $3,043,091,000.
Sec. 103 Air Force and Space Force
removed
removed
Funds are hereby authorized to be appropriated for fiscal year 2022 for procurement for the Air Force and Space Force as follows:
removed
For aircraft, $15,727,669,000.
removed
For missiles, $2,669,811,000.
removed
For ammunition, $795,168,000.
removed
For other procurement, $25,251,137,000.
Sec. 111 Multiyear procurement authority for AH–64E Apache helicopters
added
added
Authority for multiyear procurement— Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of AH–64E Apache helicopters.
added
Condition for out-year contract payments— A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year.
Sec. 112 Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters
added
added
Authority for multiyear procurement— Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of UH–60M and HH–60M Black Hawk helicopters.
added
Condition for out-year contract payments— A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year.
Sec. 113 Continuation of Soldier Enhancement Program
added
added
Requirement to continue program— The Secretary of the Army, acting through the Assistant Secretary of the Army for Acquisition, Logistics, and Technology in accordance with subsection (b), shall continue to carry out the Soldier Enhancement Program established pursuant to section 203 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103 Sat. 1394).
added
Responsible official— The Secretary of the Army shall designate the Assistant Secretary of the Army for Acquisition, Logistics, and Technology as the official in the Department of the Army with principal responsibility for the management of the Soldier Enhancement Program under subsection (a).
added
Duties— The duties of the Soldier Enhancement Program shall include the identification, research, development, test, and evaluation of commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code) and software applications to accelerate the efforts of the Army to integrate, modernize, and enhance weapons and equipment for use by Army soldiers, including—
added
lighter, more lethal weapons; and
added
support equipment, including lighter, more comfortable load-bearing equipment, field gear, combat clothing, survivability items, communications equipment, navigational aids, night vision devices, tactical power, sensors, and lasers.
Sec. 114 Strategy for the procurement of accessories for the next generation squad weapon
added
added
Strategy required— The Secretary of the Army shall develop and implement a strategy to identify, test, qualify, and procure, on a competitive basis, accessories for the next generation squad weapon of the Army, including magazines and other components that could affect the performance of such weapon.
added
Market survey and qualification activities—
added
Initial market survey— Not later than one year after a decision is made to enter into full-rate production for the next generation squad weapon, the Secretary of the Army shall conduct a market survey to identify accessories for such weapon, including magazines and other components, that could affect the weapon’s performance.
added
Qualification activities— After completing the market survey under paragraph (1), the Secretary of the Army may compete, select, procure, and conduct tests of such components to qualify such components for purchase and use. A decision to qualify such components shall be based on established technical standards for operational safety and weapon effectiveness.
added
Information to Congress— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall provide to the congressional defense committees a briefing or a report on—
added
the strategy developed and implemented by the Secretary under subsection (a); and
added
the results of the market survey and qualification activities under subsection (b).
Sec. 121 Extension of procurement authority for certain amphibious shipbuilding programs
addedadded Section 124(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking “fiscal year 2021” and inserting “fiscal years 2021 and 2022”.
Sec. 122 Inclusion of basic and functional design in assessments required prior to start of construction on first ship of a shipbuilding program
addedadded Section 124 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 28; 10 U.S.C. 8661 note) is amended—
added
in subsection (a)—
added
in the matter preceding paragraph (1), by striking “Concurrent with approving the start of construction of the first ship for any major shipbuilding program, the Secretary of the Navy shall” and inserting “The Secretary of the Navy may not enter into a contract for the construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary”;
added
in paragraph (1)—
added
by striking “submit” and inserting “submits”; and
added
by striking “and” at the end;
added
in paragraph (2)—
added
by striking “certify” and inserting “certifies”; and
added
by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new paragraph:
added “(3) certifies to the congressional defense committees that the basic and functional design of the vessel is complete.”
added
in subsection (d), by adding at the end the following new paragraph:
added “(5) Basic and functional design—The term “basic and functional design”, when used with respect to a vessel, means design through computer-aided models, that—
added “(A) fixes the hull structure of the vessel;
added “(B) sets the hydrodynamics of the vessel;
added “(C) routes all major distributive systems of the vessel, including electricity, water, and other utilities; and
added “(D) identifies the exact positioning of piping and other outfitting within each block of the vessel.”
Sec. 123 Multiyear procurement authority for Arleigh Burke class destroyers
added
added
Authority for multiyear procurement— Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of up to 15 Arleigh Burke class Flight III guided missile destroyers.
added
Authority for advance procurement— The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2023, for advance procurement associated with the destroyers for which authorization to enter into a multiyear procurement contract is provided under subsection (a), and for systems and subsystems associated with such destroyers in economic order quantities when cost savings are achievable.
added
Condition for out-year contract payments— A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2023 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
added
Limitation— The Secretary of the Navy may not modify a contract entered into under subsection (a) if the modification would increase the target price of the destroyer by more than 10 percent above the target price specified in the original contract awarded for the destroyer under subsection (a).
Sec. 124 Incorporation of advanced degaussing systems into DDG–51 class destroyers
added
added
In general— The Secretary of the Navy shall ensure that an advanced degaussing system is incorporated into any DDG–51 class destroyer procured pursuant to a covered contract.
added
Covered contract defined— In this section, the term “covered contract” means a multiyear contract for the procurement of a DDG–51 destroyer that is entered into by the Secretary of the Navy on or after the date of the enactment of this Act.
Sec. 131 Contract for logistics support for VC–25B aircraft
addedadded Section 143 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1668) is amended—
added
in paragraph (1), by striking “, unless otherwise approved in accordance with established procedures”; and
added
in paragraph (2), by inserting “such” before “logistics support contract”.
Sec. 132 Limitation on availability of funds for the B–52 Commercial Engine Replacement Program
added
added
Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the research and development, design, procurement, or advanced procurement of materials for the B–52 Commercial Engine Replacement Program may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report described in section 2432 of title 10, United States Code, for the most recently concluded fiscal quarter for the B–52 Commercial Engine Replacement Program in accordance with subsection (b)(1).
added
Additional requirements—
added
Treatment of baseline estimate— The Secretary of Defense shall deem the Baseline Estimate for the B–52 Commercial Engine Replacement Program for fiscal year 2018 as the original Baseline Estimate for the Program.
added
Unit cost reports and critical cost growth—
added
Subject to subparagraph (B), the Secretary shall carry out sections 2433 and 2433a of title 10, United States Code, with respect to the B–52 Commercial Engine Replacement Program, as if the Department had submitted a Selected Acquisition Report for the Program that included the Baseline Estimate for the Program for fiscal year 2018 as the original Baseline Estimate, except that the Secretary shall not carry out subparagraph (B) or subparagraph (C) of section 2433a(c)(1) of such title with respect to the Program.
added
In carrying out the review required by section 2433a of such title, the Secretary shall not enter into a transaction under section 2371 or 2371b of such title, exercise an option under such a transaction, or otherwise extend such a transaction with respect to the B–52 Commercial Engine Replacement Program except to the extent determined necessary by the milestone decision authority, on a non-delegable basis, to ensure that the program can be restructured as intended by the Secretary without unnecessarily wasting resources.
added
Definitions— In this section:
added
The term “Baseline Estimate” has the meaning given the term in section 2433(a)(2) of title 10, United States Code.
added
The term “milestone decision authority” has the meaning given the term in section 2366b(g)(3) of title 10, United States Code.
added
The term “original Baseline Estimate” has the meaning given the term in section 2435(d)(1) of title 10, United States Code.
added
The term “Selected Acquisition Report” means a Selected Acquisition Report submitted to Congress under section 2432 of title 10, United States Code.
Sec. 133 Inventory requirements and limitations relating to certain air refueling tanker aircraft
added
added
Minimum inventory requirements for KC–10A aircraft—
added
Fiscal year 2022— During the period beginning on October 1, 2021, and ending on October 1, 2022, the Secretary of the Air Force shall, except as provided in paragraph (3), maintain a minimum of 36 KC–10A aircraft designated as primary mission aircraft inventory.
added
Fiscal year 2023— During the period beginning on October 1, 2022, and ending on October 1, 2023, the Secretary of the Air Force shall, except as provided in paragraph (3), maintain a minimum of 24 KC–10A aircraft designated as primary mission aircraft inventory.
added
Exception— The requirements of paragraphs (1) and (2) shall not apply to individual KC–10A aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair.
added
Limitation on retirement of KC–135 Aircraft—
added
Limitation— Except as provided in paragraph (2), the Secretary of the Air Force may not retire more than 18 KC–135 aircraft during the period beginning on the date of the enactment of this Act and ending on October 1, 2023.
added
Exception— The limitation in paragraph (1) shall not apply to individual KC–135 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair.
added
Prohibition on reduction of KC–135 aircraft in PMAI of the reserve components— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force may be obligated or expended to reduce the number of KC–135 aircraft designated as primary mission aircraft inventory within the reserve components of the Air Force.
added
Primary mission aircraft inventory defined— In this section, the term “primary mission aircraft inventory” has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code.
Sec. 134 Minimum inventory of tactical airlift aircraft and limitation on modification of Air National Guard tactical airlift flying missions
added
added
Minimum inventory requirement— During the period beginning on October 1, 2021, and ending on October 1, 2026, the Secretary of the Air Force shall maintain a total inventory of tactical airlift aircraft of not less than 279 aircraft.
added
Exception— The Secretary of the Air Force may reduce the number of tactical airlift aircraft in the Air Force below the minimum number specified in subsection (a) if the Secretary determines, on a case-by-case basis, that an aircraft is no longer mission capable because of a mishap or other damage.
added
Limitation on modification of Air National Guard tactical airlift flying missions— The Secretary of the Air Force may not modify the flying mission of a tactical airlift unit of the Air National Guard unless—
added
the Secretary and the Governor of the State concerned agree, in writing, to such modification; and
added
the Secretary submits to the congressional defense committees a copy of such agreement together with an explanation of the reasons for such modification.
Sec. 135 Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device
added
added
In general— The Secretary of the Air Force may enter into contracts for the life-of-type procurement of covered parts supporting the KS–75 cryptographic device under the Ground Based Strategic Deterrent program.
added
Covered Parts Defined— In this section the term “covered parts” means commercially available off-the-shelf items as defined in section 104 of title 41, United States Code.
added
Availability of funds— Notwithstanding section 1502(a) of title 31, United States Code, of the amount authorized to be appropriated for fiscal year 2022 by section 101 and available for missile procurement, Air Force, as specified in the corresponding funding table in section 4101, $10,900,000 shall be available for the procurement of covered parts pursuant to contracts entered into under subsection (a).
Sec. 141 Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program
added
added
F–35A quantity limit for the Air Force—
added
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—
added
1,763; or
added
the number obtained by—
added
multiplying 1,763 by the cost-per-tail factor determined under paragraph (2); and
added
rounding the product of the calculation under clause (i) to the nearest whole number.
added
Cost-per-tail factor— For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—
added
4,100,000, divided by
added
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)).
added
F–35B quantity limit for the Marine Corps—
added
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—
added
353; or
added
the number obtained by—
added
multiplying 353 by the cost-per-tail factor determined under paragraph (2); and
added
rounding the product of the calculation under clause (i) to the nearest whole number.
added
Cost-per-tail factor— For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—
added
6,800,000, divided by
added
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)).
added
F–35C quantity limit for the Navy—
added
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—
added
273; or
added
the number obtained by—
added
multiplying 273 by the cost-per-tail factor determined under paragraph (2); and
added
rounding the product of the calculation under clause (i) to the nearest whole number.
added
Cost-per-tail factor— For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—
added
7,500,000, divided by
added
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)).
added
F–35C Quantity limit for the Marine Corps—
added
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—
added
67; or
added
the number obtained by—
added
multiplying 67 by the cost-per-tail factor determined under paragraph (2); and
added
rounding the product of the calculation under clause (i) to the nearest whole number.
added
Cost-per-tail factor— For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—
added
6,800,000, divided by
added
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)).
added
Determination of cost-per-tail-per-year for fiscal year 2027— —
added
In general— Not later than 90 days after the end of fiscal year 2027—
added
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
added
the Secretary of the Navy shall determine the average cost-per-tail of—
added
the F–35B aircraft of the Marine Corps during such fiscal year;
added
the F–35C aircraft of the Navy during such fiscal year; and
added
the F–35C aircraft of the Marine Corps during such fiscal year.
added
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—
added
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—
added
unit level manpower;
added
unit operations;
added
maintenance;
added
sustaining support;
added
continuing system support; and
added
modifications; and
added
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.
added
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.
added
Aircraft defined— In this section, the term “aircraft” means aircraft owned and operated by an Armed Force of the United States and does not include aircraft owned or operated by an armed force of a foreign country.
Sec. 142 Limitation on availability of funds for aircraft systems for the armed overwatch program
added
added
Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the procurement of aircraft systems for the armed overwatch program of the United States Special Operations Command, not more than 50 percent may be obligated or expended until the date on which the documentation described in subsection (b) is submitted to the congressional defense committees.
added
Documentation described— The documentation described in this subsection is the airborne intelligence, surveillance, and reconnaissance acquisition roadmap for the United States Special Operations Command required to be submitted to the congressional defense committees under section 165 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
added
Requirement to maintain capabilities— Until such time as the Secretary of Defense identifies a suitable replacement for the U–28 aircraft, the Secretary shall maintain the U–28 aircraft platform to provide necessary capabilities to sustain operations to meet the operational intelligence, surveillance, and reconnaissance requirements of combatant commanders.
Sec. 143 Major weapon systems capability assessment process and procedure review and report
added
added
Review— The Secretary of Defense shall review, and modify as appropriate, the processes of the Department for the management of strategic risk with respect to capabilities of major weapon systems, including the processes for—
added
ensuring the suitability of major weapon systems to address current and emerging military threats; and
added
identifying for upgrade or replacement any fielded major weapon system that is not capable of effectively meeting operational requirements.
added
Report— Not later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees and the Comptroller General of the United States a report containing the following:
added
A comprehensive description of the current policies and processes of the Department of Defense for—
added
assessing the effectiveness, and the costs, of fielded major weapon systems in addressing the current, mid-term, and long-term threats identified in the contingency plans of the combatant commands;
added
assessing tradeoffs, including in terms of resources, funding, time, capabilities, and programmatic and operational risk, between developing a new major weapon system compared to—
added
continued use of a fielded major weapon system; and
added
replacing a fielded major weapon system;
added
developing strategies for the continued use or replacement of fielded major weapon systems that ensure that the capabilities of major weapon systems are viable and resilient against evolving threats; and
added
developing and implementing plans for the replacement and divestment of fielded major weapon systems that manage the related strategic risk.
added
The key factors considered by the Secretary of Defense when applying the policies and processes described in paragraph (1).
added
An assessment of the extent to which the policies and processes described in paragraph (1) enable the Secretary of Defense to—
added
evaluate, at regular intervals, whether a major weapon system—
added
meets operational requirements; and
added
is capable of addressing emerging and evolving threats identified in the National Defense Strategy;
added
efficiently and effectively determine if a fielded major weapon system should continue to be used or replaced and divested and—
added
with respect to a fielded major weapon system that should continue to be used, how long such use should continue; and
added
with respect to a fielded major weapon system that should be replaced and divested—
added
how long such replacement will take;
added
the period over which such divestment should occur; and
added
the expected improvements in the effectiveness of the replacement major weapon system to meet operational requirements;
added
effectively implement the determinations described in subparagraph (B); and
added
manage strategic risk relative to the effectiveness of major weapon systems meeting operational requirements.
added
An identification of the fielded major weapon systems with respect to which the Secretary of Defense completed replacement or divestment during the period beginning on January 1, 2010, and ending on the date on which the report is submitted under this subsection.
added
An assessment of the processes involved in the decisions of the Secretary of Defense to replace and divest the fielded major weapon systems identified under paragraph (4), including an assessment of the effectiveness in meeting operational requirements and the timeliness of those processes involved in making replacement decisions.
added
An identification of any fielded major weapon systems with respect to which, as of the date on which the report is submitted under this subsection, the Secretary of Defense plans to complete replacement or divestment not later than December 31, 2035.
added
An analysis of the plans of the Secretary of Defense with respect to replacing or divesting the fielded major weapon systems identified under paragraph (6), including—
added
the rationale supporting such replacement or divestment plans;
added
any anticipated challenges to carrying out the replacement or divestments; and
added
a description of how the Secretary of Defense will manage at an appropriate level the strategic risk relative to the availability and effectiveness of the fielded major weapons systems to be divested, including a description of any risk mitigation plans.
added
An identification of the major weapon system upgrade efforts and the research, development, and acquisition programs to replace fielded major weapon systems that the Secretary of Defense—
added
began after December 31, 2009; or
added
as of the date on which the report is submitted under this subsection, plans to begin not later than December 31, 2035.
added
An assessment of how the replacement major weapon systems from the programs identified under paragraph (8) will meet current and future operational requirements in the National Defense Strategy.
added
Comptroller general briefing and report—
added
Assessments— The Comptroller General of the United States shall conduct a preliminary assessment and a detailed assessment of the report required under subsection (b).
added
Briefing— Not later than 180 days after the date on which the Secretary of Defense submits to the Comptroller General the report required under subsection (b), the Comptroller General shall brief the congressional defense committees on the preliminary assessment of such report required under paragraph (1).
added
Report— The Comptroller General shall submit to the congressional defense committees a report on the findings of the detailed assessment required under paragraph (1).
added
Definitions— In this section:
added
The term “National Defense Strategy” means the strategy required under section 113(g) of title 10, United States Code.
added
The term “major weapon system” has the meaning given such term under section 2379(f) of title 10, United States Code.
added
The term “strategic risk” means a risk arising from updating or replacing a major weapon system, or the decision to not update or replace a major weapon system.
Sec. 144 Reports on exercise of waiver authority with respect to certain aircraft ejection seats
addedadded Not later than February 1, 2022, and on a semiannual basis thereafter through February 1, 2024, the Secretary of the Air Force and the Secretary of the Navy shall each submit to the congressional defense committees a report that includes, with respect to each location at which active flying operations are conducted or planned as of the date report—
added
the number of aircrew ejection seats installed in the aircraft used, or expected to be used, at such location;
added
of the ejection seats identified under paragraph (1), the number that have been, or are expected to be, placed in service subject to a waiver due to—
added
deferred maintenance; or
added
the inability to obtain parts to make repairs or to fulfill time-compliance technical orders; and
added
for each ejection seat subject to a waiver as described in paragraph (2)—
added
the date on which the waiver was issued; and
added
the name and title of the official who authorized the waiver.
Sec. 201 Authorization of appropriations
changed
Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Department of Defense for research, development, test, and evaluation evaluation, as follows:specified in the funding table in section 4201.
removed
For the Army, $12,799,645,000.
removed
For the Navy, $22,639,362,000.
removed
For the Air Force, $39,184,328,000.
removed
For the Space Force, $11,266,387,000.
removed
For Defense-wide activities, $25,857,875,000.
removed
For the Director of Operational Test and Evaluation, $216,591,000.
Sec. 211 Duties and regional activities of the Defense Innovation Unit
added
added
Duties of DIU joint reserve detachment— Clause (ii) of section 2358b(c)(2)(B) of title 10, United States Code, is amended to read as follows:
added “(ii) the technology requirements of the Department of Defense, as identified in the most recent—
added “(I) National Defense Strategy;
added “(II) National Defense Science and Technology Strategy as directed under section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679); and
added “(III) policy and guidance from the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment; and”
added
Regional activities— Subject to the availability of appropriations for such purpose, the Secretary of Defense may expand the efforts of the Defense Innovation Unit to engage and collaborate with private-sector industry and communities in various regions of the United States—
added
to accelerate the adoption of commercially developed advanced technology in the areas of manufacturing, space, energy, materials, autonomy, and such other key technology areas as may be identified by the Secretary; and
added
to expand outreach to communities that do not otherwise have a Defense Innovation Unit presence, including economically disadvantaged communities.
Sec. 212 Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions
addedadded Section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended—
added
by amending subsection (c) to read as follows:
added “(c) Consultation with other organizations—For the purposes of providing technical expertise and reducing costs and duplicative efforts, the Secretary of Defense and the Secretaries of the military departments shall work to ensure and support the sharing of information on the research and consulting that is being carried out across the Federal Government in Department-wide shared information systems including the Defense Technical Information Center.”
added
in subsection (e)—
added
by redesignating paragraph (31) as paragraph (33); and
added
by inserting after paragraph (30) the following new paragraphs:
added “(31) Nuclear science, security, and nonproliferation.
added “(32) Chemical, biological, radiological, and nuclear defense.”
added
in subsection (g), by striking “2026” and inserting “2028”.
Sec. 213 Modification of mechanisms for expedited access to technical talent and expertise at academic institutions
addedadded Section 217(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note), as amended by section 212 of this title, is further amended—
added
by redesignating paragraph (33) as paragraph (34); and
added
by inserting after paragraph (32) the following new paragraph:
added “(33) Spectrum activities.”
Sec. 214 Minority Institute for Defense Research
added
added
Plan to establish Minority Institute for Defense Research—
added
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”).
added
Elements— The Plan shall include the following:
added
Information relating to the projected needs of the Department for the next twenty years with respect to essential engineering, research, or development capability.
added
An assessment relating to the engineering, research, and development capability of each minority institution.
added
Information relating to the advancements and investments necessary to elevate a minority institution or a consortium of minority institutions to the research capacity of a University Affiliated Research Center.
added
Recommendations relating to actions that may be taken by the Department, Congress, and minority institutions to establish the Consortium within 10 years.
added
Publicly available— The Plan shall be posted on a publicly available website of the Department.
added
Naming of the Consortium— With respect to the naming of the Consortium, the Secretary shall—
added
establish a process to solicit and review proposals of names from—
added
minority institutions;
added
nonprofit institutions that advocate on behalf of minority institutions; and
added
members of the public;
added
develop a list of all names received pursuant to paragraph (1);
added
provide opportunity for public comment on the names included on such list; and
added
choose a name from such list to name the Consortium.
added
Grant program for minority institutions—
added
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).
added
Purposes— The purposes described in this paragraph are the following:
added
Establishing a legal entity for the purpose of entering into research contracts or agreements with the Federal Government or the Consortium.
added
Developing the capability to bid on Federal Government or Consortium contracts.
added
Requesting technical assistance from the Federal Government or a private entity with respect to contracting with the Federal Government or the Consortium.
added
Recruiting and retaining research faculty.
added
Advancing research capabilities relating to the national security of the United States.
added
Any other matter determined appropriate by the Secretary.
added
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.
added
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.
added
Subcontracting requirements for minority institutions—
added
In general— Section 2304 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(m)
added “(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.
added “(2) For the purposes of this subsection, a minority institution means—
added “(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
added “(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.”
added
Effective date— The amendments made by paragraph (1) shall—
added
take effect on October 1, 2026; and
added
apply with respect to funds that are awarded by the Department of Defense on or after such date.
added
Definitions— In this section:
added
The term “Department” means the Department of Defense.
added
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).
added
The term “minority institution” means—
added
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
added
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.
added
The term “Secretary” means the Secretary of Defense.
added
The term “University Affiliated Research Center” means a research organization within an institution of higher education that—
added
provides or maintains Department essential engineering, research, or development capabilities; and
added
receives sole source contract funding from the Department pursuant to section 2304(c)(3)(B) of title 10, United States Code.
Sec. 215 Test program for engineering plant of DDG(X) destroyer vessels
added
added
Test program required— During the detailed design period and prior to the construction start date of the lead ship in the DDG(X) destroyer class of vessels, the Secretary of the Navy shall commence a land-based test program for the engineering plant of such class of vessels.
added
Administration— The test program required by subsection (a) shall be administered by the Senior Technical Authority for the DDG(X) destroyer class of vessels.
added
Elements— The test program required by subsection (a) shall include, at a minimum, testing of the following equipment in vessel-representative form:
added
Main reduction gear.
added
Electrical propulsion motors.
added
Other propulsion drive train components.
added
Main propulsion system.
added
Auxiliary propulsion unit.
added
Electrical generation and distribution systems.
added
Shipboard control systems.
added
Power control modules.
added
Test objectives— The test program required by subsection (a) shall include, at a minimum, the following test objectives demonstrated across the full range of engineering plant operations for the DDG(X) destroyer class of vessels:
added
Test of the full propulsion drive train.
added
Test and facilitation of machinery control systems integration.
added
Simulation of the full range of electrical demands to enable the investigation of load dynamics between the hull, mechanical and electrical equipment, the combat system, and auxiliary equipment.
added
Completion date— The Secretary of the Navy shall complete the test program required by subsection (a) by not later than the delivery date of the lead ship in the DDG(X) destroyer class of vessels.
added
Definitions— In this section:
added
Delivery date— The term “delivery date” has the meaning given that term in section 8671 of title 10, United States Code.
added
Senior Technical Authority— The term “Senior Technical Authority” means the official designated as the Senior Technical Authority for the DDG(X) destroyer class of vessels pursuant to section 8669b of title 10, United States Code.
Sec. 216 Consortium to study irregular warfare
added
added
Establishment— The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall establish a research consortium of institutions of higher education to study irregular warfare and the responses to irregular threats.
added
Purposes— The purposes of the consortium under subsection (a) are as follows:
added
To shape the formulation and application of policy through the conduct of research and analysis regarding irregular warfare.
added
To maintain open-source databases on issues relevant to understanding terrorism, irregular threats, and social and environmental change.
added
To serve as a repository for datasets regarding research on security, social change, and irregular threats developed by institutions of higher education that receive Federal funding.
added
To support basic research in social science on emerging threats and stability dynamics relevant to irregular threat problem sets.
added
To transition promising basic research—
added
to higher stages of research and development, and
added
into operational capabilities, as appropriate, by supporting applied research and developing tools to counter irregular threats.
added
To facilitate the collaboration of research centers of excellence relating to irregular threats to better distribute expertise to specific issues and scenarios regarding such threats.
added
To enhance educational outreach and teaching at professional military education schools to improve—
added
the understanding of irregular threats; and
added
the integration of data-based responses to such threats.
added
To support classified research when necessary in appropriately controlled physical spaces.
added
Coordination— The Under Secretary of Defense for Research and Engineering shall coordinate activities conducted under this section with the Commander of the United States Special Operations Command.
added
Partnerships— The Under Secretary of Defense for Research and Engineering shall encourage partnerships between the consortium and university-affiliated research centers and other research institutions.
added
Institution of higher education defined— In this section, the term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Sec. 217 Development and implementation of digital technologies for survivability and lethality testing
added
added
Expansion of survivability and lethality testing—
added
In general— The Secretary, in coordination with covered officials, shall—
added
expand the survivability and lethality testing of covered systems to include testing against non-kinetic threats; and
added
develop digital technologies to test such systems against such threats throughout the life cycle of each such system.
added
Development of digital technologies for live fire testing—
added
In general— The Secretary, in coordination with covered officials, shall develop—
added
digital technologies to enable the modeling and simulation of the live fire testing required under section 2366 of title 10, United States Code; and
added
a process to use data from physical live fire testing to inform and refine the digital technologies described in clause (i).
added
Objectives— In carrying out subparagraph (A), the Secretary shall seek to achieve the following objectives:
added
Enable assessments of full spectrum survivability and lethality of each covered system with respect to kinetic and non-kinetic threats.
added
Inform the development and refinement of digital technology to test and improve covered systems.
added
Enable survivability and lethality assessments of the warfighting capabilities of a covered system with respect to—
added
communications;
added
firepower;
added
mobility;
added
catastrophic survivability; and
added
lethality.
added
Demonstration activities—
added
In general— The Secretary, acting through the Director, shall carry out activities to demonstrate the digital technologies for full spectrum survivability testing developed under subparagraph (A).
added
Program selection— The Secretary shall assess and select not fewer than three and not more than ten programs of the Department to participate in the demonstration activities required under clause (i).
added
Armed Forces programs— Of the programs selected pursuant to clause (ii), the Director shall select—
added
at least one such program from the Army;
added
at least one such program from the Navy or the Marine Corps; and
added
at least one such program from the Air Force or the Space Force.
added
Regular survivability and lethality testing throughout life cycle—
added
In general— The Secretary, in coordination with covered officials, shall—
added
develop a process to regularly test through the use of digital technologies the survivability and lethality of each covered system against kinetic and non-kinetic threats throughout the life cycle of such system as threats evolve; and
added
establish guidance for such testing.
added
Elements— In carrying out subparagraph (A), the Secretary shall determine the following:
added
When to deploy digital technologies to provide timely and up-to-date insights with respect to covered systems without unduly delaying fielding of capabilities.
added
The situations in which it may be necessary to develop and use digital technologies to assess legacy fleet vulnerabilities.
added
Reports and briefing—
added
Assessment and selection of programs— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report that identifies the programs selected to participate in the demonstration activities under subsection (a)(2)(C).
added
Modernization and digitization report—
added
In general— Not later than March 15, 2023, the Director shall submit to the congressional defense committees a report that includes—
added
an assessment of the progress of the Secretary in carrying out subsection (a);
added
an assessment of each of the demonstration activities carried out under subsection (a)(2)(C), including a comparison of—
added
the risks, benefits, and costs of using digital technologies for live fire testing and evaluation; and
added
the risks, benefits, and costs of traditional physical live fire testing approaches that—
added
are not supported by digital technologies;
added
do not include testing against non-kinetic threats; and
added
do not include full spectrum survivability.
added
an explanation of—
added
how real-world operational and digital survivability and lethality testing data will be used to inform and enhance digital technology;
added
the contribution of such data to the digital modernization efforts required under section 836 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283); and
added
the contribution of such data to the decision-support processes for managing and overseeing acquisition programs of the Department;
added
an assessment of the ability of the Department to perform full spectrum survivability and lethality testing of each covered system with respect to kinetic and non-kinetic threats;
added
an assessment of the processes implemented by the Department to manage digital technologies developed pursuant to subsection (a); and
added
an assessment of the processes implemented by the Department to develop digital technology that can perform full spectrum survivability and lethality testing with respect to kinetic and non-kinetic threats.
added
Briefing— Not later than April 14, 2023, the Director shall provide to the congressional defense committees a briefing that identifies any changes to existing law that may be necessary to implement subsection (a).
added
Definitions— In this section:
added
Covered officials— The term “covered officials” means—
added
the Under Secretary of Defense for Research and Engineering;
added
the Under Secretary of Defense for Acquisition and Sustainment;
added
the Chief Information Officer;
added
the Director;
added
the Director of Cost Assessment and Program Evaluation;
added
the Service Acquisition Executives;
added
the Service testing commands;
added
the Director of the Defense Digital Service; and
added
representatives from—
added
the Department of Defense Test Resource Management Center;
added
the High Performance Computing Modernization Program Office; and
added
the Joint Technical Coordination Group for Munitions Effectiveness.
added
Covered system— The term “covered system” means any warfighting capability that can degrade, disable, deceive, or destroy forces or missions.
added
Department— The term “Department” means the Department of Defense.
added
Digital technologies— The term “digital technologies” includes digital models, digital simulations, and digital twin capabilities that may be used to test the survivability and lethality of a covered system.
added
Director— The term “Director” means the Director of Operational Test and Evaluation.
added
Full spectrum survivability and lethality testing— The term “full spectrum survivability and lethality testing” means a series of assessments of the effects of kinetic and non-kinetic threats on the communications, firepower, mobility, catastrophic survivability, and lethality of a covered system.
added
Non-kinetic threats— The term “non-kinetic threats” means unconventional threats, including—
added
cyber attacks;
added
electromagnetic spectrum operations;
added
chemical, biological, radiological, nuclear effects and high yield explosives; and
added
directed energy weapons.
added
Secretary— The term “Secretary” means the Secretary of Defense.
Sec. 218 Pilot program on the use of intermediaries to connect the Department of Defense with technology producers
added
added
In general— The Secretary of Defense shall carry out a pilot program to foster the transition of the science and technology programs, projects, and activities of the Department of Defense from the research, development, pilot, and prototyping phases to full-scale implementation. Under the pilot program, the Secretary shall seek to enter into agreements with qualified intermediaries pursuant to which the intermediaries will—
added
match technology producers with programs, projects, and activities of the Department that may have a use for the technology developed by such producers; and
added
provide technical assistance to such technology producers on participating in the procurement programs and acquisition processes of the Department.
added
Activities— A qualified intermediary that enters into an agreement with the Secretary of Defense under subsection (a) shall, pursuant to such agreement—
added
guide and advise technology producers on participating in the procurement programs and acquisition processes of the Department, including—
added
planning, programing, budgeting, and execution processes of the Department.
added
requirements processes;
added
the Federal Acquisition Regulation and the Department of Defense Supplement to the Federal Acquisition Regulation;
added
other procurement programs and authorities, including—
added
the Small Business Innovation Research Program and the Small Business Technology Transfer Program, as defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e));
added
other transaction authority under sections 2371 and 2371b of title 10, United States Code;
added
cooperative agreements;
added
prizes for advanced technology achievements under section 2374a of title 10, United States Code; and
added
grant programs; and
added
new entrant barriers and challenges, including—
added
accessing secure computing and information technology infrastructure; and
added
securing clearances for personnel and facilities; and
added
match technology producers with programs, projects, and activities of the Department that may have a use for the technology developed by such producers, including programs, projects, and activities carried out by—
added
program executive officers (as defined in section 1737(a)(4)) of title 10, United States Code);
added
program management offices;
added
combatant commands with a command acquisition executive;
added
Defense Agencies and Department of Defense Field Activities (as such terms are defined, respectively, in section 101 of title 10, United States Code); and
added
such other elements of the Department as the Secretary considers appropriate.
added
Priority— In carrying out the activities described in subsection (b), a qualified intermediary shall give priority to technology producers that are small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), research institutions (as defined in section 9(e) of such Act), or institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C 1001)).
added
Terms of agreements—
added
In general— The terms of an agreement under subsection (a) shall be determined by the Secretary of Defense.
added
Methods of service delivery— In entering into agreements under subsection (a), the Secretary may consider, on a case by case basis, whether the needs of the Department of Defense and technology producers would best be served by a qualified intermediary that provides services in a specific geographic region, serves a particular technology sector, or uses another method of service delivery.
added
Incentives— The Secretary of Defense may include terms in an agreement under subsection (a) to incentivize a qualified intermediary to successfully facilitate the transition of science and technology from the research, development, pilot, and prototyping phases to full-scale implementation within the Department of Defense.
added
Limitation on use of funds— The Secretary of Defense may not use any amounts required to be expended under section 9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)) for any administrative costs incurred by a qualified intermediary associated with the pilot program under this section.
added
Protection of proprietary information— The Secretary of Defense shall implement policies and procedures to protect the intellectual property and any other proprietary information of technology producers that participate in the pilot program under this section.
added
Data collection—
added
Plan required before implementation— The Secretary of Defense may not enter into an agreement under subsection (a) until the date on which the Secretary—
added
completes a plan to for carrying out the data collection required under paragraph (2); and
added
submits the plan to the appropriate congressional committees.
added
Data collection required— The Secretary of Defense shall collect and analyze data on the pilot program under this section for the purposes of—
added
developing and sharing best practices for facilitating the transition of science and technology from the research, development, pilot, and prototyping phases to full-scale implementation within the Department of Defense;
added
providing information to the leadership of the Department on the implementation of the pilot program and related policy issues; and
added
providing information to the appropriate congressional committees as required under subsection (g).
added
Briefing— Not later than December 31, 2022, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the progress of the Secretary in implementing the pilot program under this section and any related policy issues.
added
Consultation— In carrying out the pilot program under this section, the Secretary of Defense shall consult with—
added
service acquisition executives (as defined in section 101 of title 10, United States Code);
added
the heads of appropriate Defense Agencies and Department of Defense Field Activities;
added
procurement technical assistance centers (as described in chapter 142 of title 10, United States Code);
added
the Administrator of Federal Procurement Policy; and
added
such other individuals and organizations as the Secretary determines appropriate.
added
Termination— The pilot program under this section shall terminate on the date that is five years after the date on which Secretary of Defense enters into the first agreement with a qualified intermediary under subsection (a).
added
Comptroller General assessment and report—
added
Assessment— The Comptroller General of the United States shall conduct an assessment of the pilot program under this section. The assessment shall include an evaluation of the effectiveness of the pilot program with respect to—
added
facilitating the transition of science and technology from the research, development, pilot, and prototyping phases to full-scale implementation within the Department of Defense; and
added
protecting sensitive information shared among the Department of Defense, qualified intermediaries, and technology producers in the course of the pilot program.
added
Report— Not later than the date specified in paragraph (3), the Comptroller General shall submit to the appropriate congressional committees a report on the results of the assessment conducted under paragraph (1).
added
Date specified— The date specified in this paragraph is the earlier of—
added
four years after the date on which the Secretary of Defense enters into the first agreement with a qualified intermediary under subsection (a): or
added
five years after the date of the enactment of this Act.
added
Definitions— In this section:
added
The term “appropriate congressional committees” means—
added
the congressional defense committees;
added
the Committee on Homeland Security and Governmental Affairs of the Senate; and
added
the Committee on Oversight and Reform of the House of Representatives.
added
The term “qualified intermediary” means a nonprofit, for-profit, or State or local government entity that assists, counsels, advises, evaluates, or otherwise cooperates with technology producers that need or can make demonstrably productive use of the services provided by the intermediary pursuant to the pilot program under this section.
added
The term “technology producer” means an individual or entity engaged in the research, development, production, or distribution of science or technology that the Secretary of Defense determines may be of use to the Department of Defense.
Sec. 219 Assessment and correction of deficiencies in the F–35 aircraft pilot breathing system
added
added
Testing and evaluation required— Beginning not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall commence operational testing and evaluation of the F–35 aircraft pilot breathing system (in this section referred to as the “breathing system”) to—
added
determine whether the breathing system complies with Military Standard 3050 (MIL–STD–3050), titled “Aircraft Crew Breathing Systems Using On-Board Oxygen Generating System (OBOGS)”; and
added
assess the safety and effectiveness of the breathing system for all pilots of F–35 aircraft.
added
Requirements— The following shall apply to the testing and evaluation conducted under subsection (a):
added
The pilot, aircraft systems, and operational flight environment of the F–35 aircraft shall not be assessed in isolation but shall be tested and evaluated as integrated parts of the breathing system.
added
The testing and evaluation shall be conducted under a broad range of operating conditions, including variable weather conditions, low-altitude flight, high-altitude flight, during weapons employment, at critical phases of flight such as take-off and landing, and in other challenging environments and operating flight conditions.
added
The testing and evaluation shall assess operational flight environments for the pilot that replicate expected conditions and durations for high gravitational force loading, rapid changes in altitude, rapid changes in airspeed, and varying degrees of moderate gravitational force loading.
added
A diverse group of F–35 pilots shall participate in the testing and evaluation, including—
added
pilots who are test-qualified and pilots who are not test-qualified
added
pilots who vary in gender, physical conditioning, height, weight, and age, and any other attributes that the Secretary determines to be appropriate.
added
The F–35A, F–35B, and F–35C aircraft involved in the testing and evaluation shall perform operations with operationally representative and realistic aircraft configurations.
added
The testing and evaluation shall include assessments of pilot life support gear and relevant equipment, including the pilot breathing mask apparatus.
added
The testing and evaluation shall include testing data from pilot reports, measurements of breathing pressures and air delivery response timing and flow, cabin pressure, air-speed, acceleration, measurements of hysteresis during all phases of flight, measurements of differential pressure between mask and cabin altitude, and measurements of spirometry and specific oxygen saturation levels of the pilot immediately before and immediately after each flight.
added
The analysis of the safety and effectiveness of the breathing system shall thoroughly assess any physiological effects reported by pilots, including effects on health, fatigue, cognition, and perception of any breathing difficulty.
added
The testing and evaluation shall include the participation of subject matter experts who have familiarity and technical expertise regarding design and functions of the F–35 aircraft, its propulsion system, pilot breathing system, life support equipment, human factors, and any other systems or subject matter the Secretary determines necessary to conduct effective testing and evaluation. At a minimum, such subject matter experts shall include aerospace physiologists, engineers, flight surgeons, and scientists.
added
In carrying out the testing and evaluation, the Secretary of Defense may seek technical support and subject matter expertise from the Naval Air Systems Command, the Air Force Research Laboratory, the Office of Naval Research, the National Aeronautics and Space Administration, and any other organization or element of the Department of Defense or the National Aeronautics and Space Administration that the Secretary, in consultation with the Administrator of the National Aeronautics and Space Administration, determines appropriate to support the testing and evaluation.
added
Corrective actions— Not later than 90 days after the submittal of the final report under subsection (e), the Secretary of Defense shall take such actions as are necessary to correct all deficiencies, shortfalls, and gaps in the breathing system that were discovered or reported as a result of the testing and evaluation under subsection (a).
added
Preliminary report— Not later than one year after the commencement of the testing and evaluation under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a preliminary report, based on the initial results of such testing and evaluation, that includes findings, recommendations, and potential corrective actions to address deficiencies in the breathing system.
added
Final report— Not later than two years after the commencement of the testing and evaluation under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a final report that includes, based on the final results of such testing and evaluation—
added
findings and recommendations with respect to the breathing system; and
added
a description of the specific actions the Secretary will carry out to correct deficiencies in the breathing system, as required under subsection (c).
added
Independent review of final report—
added
In general— The Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall seek to enter into an agreement with a federally funded research and development center with relevant expertise to conduct an independent sufficiency review of the final report submitted under subsection (e).
added
Report to Secretary— Not later than seven months after the date on which the Secretary of Defense enters into an agreement with a federally funded research and development center under paragraph (1), the center shall submit to the Secretary a report on the results of the review conducted under such paragraph.
added
Report to Congress— Not later than 30 days after the date on which the Secretary of Defense receives the report under paragraph (2), the Secretary shall submit the report to the congressional defense committees.
Sec. 220 Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base
added
added
Identification required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—
added
identify each facility and capability of the Major Range and Test Facility Base that is primarily concerned with the ground-based simulation of hypersonic atmospheric flight conditions and the test and evaluation of hypersonic technology in open air flight; and
added
identify such facilities and capabilities that the Secretary would propose to designate, collectively, as the “Hypersonics Facility Base”.
added
Major Range and Test Facility Base— In this section, the term “Major Range and Test Facility Base” has the meaning given that term in section 196(i) of title 10, United States Code.
Sec. 221 Requirement to maintain access to category 3 subterranean training facility
added
added
Requirement to maintain access— The Secretary of Defense shall ensure that the Department of Defense maintains access to a covered category 3 subterranean training facility on a continuing basis.
added
Authority to enter into lease— The Secretary of Defense is authorized to enter into a short-term lease with a provider of a covered category 3 subterranean training facility for purposes of compliance with subsection (a).
added
Covered category 3 subterranean training facility defined— In this section, the term “covered category 3 subterranean training facility” means a category 3 subterranean training facility that is—
added
operational as of the date of the enactment of this Act; and
added
deemed safe for use as of such date.
Sec. 222 Prohibition on reduction of naval aviation testing and evaluation capacity
added
added
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:
added
The aviation-related operational testing and evaluation capacity of the Department of the Navy.
added
The billets assigned to support such capacity.
added
The aviation force structure, aviation inventory, or quantity of aircraft assigned to support such capacity, including rotorcraft and fixed-wing aircraft.
added
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:
added
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
added
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.
added
The technical, fiscal, and programmatic issues and risks associated with the plans of the Secretary of the Navy to delegate and task operational naval aviation units and organizations to efficiently and effectively execute testing and evaluation master plans for various aviation-related programs and projects of the Department of the Navy.
Sec. 223 Limitation on availability of funds for certain C–130 aircraft
addedadded None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to procure a C–130 aircraft for testing and evaluation as a potential replacement for the E–6B aircraft until the date on which the Secretary of the Navy submits to the congressional defense committees a report that includes the following information:
added
The unit cost of each such C–130 test aircraft.
added
The life cycle sustainment plan for such C–130 aircraft.
added
A statement indicating whether such C–130 aircraft will be procured using multiyear contracting authority under section 2306b of title 10, United States Code.
added
The total amount of funds needed to complete the procurement of such C–130 aircraft.
Sec. 224 Limitation on availability of funds for VC–25B aircraft program pending submission of documentation
added
added
Documentation required— The Secretary of the Air Force shall submit to the congressional defense committees an integrated master schedule for the VC–25B presidential aircraft recapitalization program of the Air Force.
added
Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force for the VC–25B aircraft, not more than 50 percent may be obligated or expended until the date on which the Secretary of the Air Force submits to the congressional defense committees the documentation required under subsection (a).
Sec. 231 Modification to annual report of the Director of Operational Test and Evaluation
addedadded Section 139(h)(2) of title 10, United States Code, is amended by striking “, through January 31, 2026”.
Sec. 232 Adaptive engine transition program acquisition strategy for the F–35A aircraft
added
added
In general— Not later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on the integration of the Adaptive Engine Transition Program propulsion system into the F–35A aircraft.
added
Elements— The report required under subsection (a) shall include the following:
added
A competitive acquisition strategy, informed by fiscal considerations, to—
added
integrate the Adaptive Engine Transition Program propulsion system into the F–35A aircraft; and
added
begin, in fiscal year 2027, activities to retrofit all F–35A aircraft with such propulsion system.
added
An implementation plan to implement such strategy.
added
A schedule annotating pertinent milestones and yearly fiscal resource requirements for the implementation of such strategy.
Sec. 233 Advanced propulsion system acquisition strategy for the F–35B and F–35C aircraft
added
added
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.
added
Elements— The report required under subsection (a) shall include the following:
added
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.
added
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.
added
A competitive acquisition strategy, informed by fiscal considerations, the assessment on combat effectiveness, and technical limitations, to—
added
integrate an advanced propulsion system into the F–35B aircraft and integrate an advanced propulsion system into the F–35C aircraft; and
added
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
added
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.
added
An implementation plan to implement the strategy described in paragraph (3).
added
A schedule annotating pertinent milestones and yearly fiscal resource requirements for the implementation of such strategy.
added
Definitions— In this section:
added
The term “variant of the F-35” means:
added
the F–35B; and
added
the F–35C.
added
The term “advanced propulsion system” means:
added
the Adaptive Engine Transition Program propulsion system; or
added
a derivative of a propulsion system developed for the F–35.
Sec. 234 Assessment and report on airborne electronic attack capabilities and capacity
added
added
Assessment— The Secretary of the Air Force shall conduct an assessment of—
added
the status of the airborne electronic attack capabilities and capacity of the Air Force; and
added
the feasibility and advisability of adapting the ALQ–249 Next Generation Jammer for use on Air Force tactical aircraft, including an analysis of—
added
the suitability of the jammer for use on such aircraft; and
added
the compatibility of the jammer with such aircraft; and
added
identification of any unique hardware, software, or interface modifications that may be required to integrate the jammer with such aircraft.
added
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
added
added
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.
added
Elements— The strategy required under subsection (a) shall include—
added
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;
added
timelines for autonomy software integration into the weapon systems and programs as identified under paragraph (1);
added
funding requirements related to the development, acquisition, and testing of autonomy software;
added
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
added
plans to include autonomy software, artificial intelligence, and universal common control.
added
Consultation— The Secretary shall develop the strategy required under subsection (a) in consultation with—
added
the Under Secretary of Defense for Research and Engineering;
added
the Secretaries of the military departments; and
added
such other organizations and elements of the Department of Defense as the Secretary determines appropriate.
added
Report—
added
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.
added
Contents— The report required under paragraph (1) shall—
added
identify any substantial changes made in the strategy during the preceding calendar year; and
added
describe the progress made in implementing the strategy.
added
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. 301 Authorization of appropriations
addedadded Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.
Sec. 311 Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents
added
added
National Defense Strategy and defense planning guidance— Section 113(g) of title 10, United States Code, is amended—
added
in paragraph (1)(B)—
added
in clause (ii), by striking “actors,” and inserting “actors, and the current or projected threats to military installation resilience,” and
added
by inserting after clause (ix), the following new clause:
added “(x) Strategic goals to address or mitigate the current and projected risks to military installation resilience.”
added
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,”.
added
National defense sustainment and logistics review—
added
In general— The first section 118a of such title is amended—
added
in subsection (a), by striking “capabilities,” and inserting “capabilities, response to risks to military installation resilience,”;
added
by redesignating such section, as amended by subparagraph (A), as section 118b; and
added
by moving such section so as to appear after section 118a.
added
Clerical and conforming amendments—
added
Clerical amendments— The table of sections for chapter 2 of such title is amended—
added
by striking the first item relating to section 118a; and
added
by inserting after the item relating to section 118a the following new item:
added
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”.
added
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:
added “(vii) Identify and assess risk resulting from, or likely to result from, current or projected effects on military installation resilience.”
added
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.
added
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.
added
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.
added
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.
added
Report on security implications associated with military installation resilience—
added
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.
added
Form— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
added
Annual report on readiness impacts of military installation resilience on military assets and capabilities—
added
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:
added
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
added
An assessment of vulnerabilities to military installation resilience.
added
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).
added
Definitions— In this section:
added
The term military installation resilience has the meaning given that term in section 101(e) of title 10, United States Code.
added
The term National Defense Strategy means the national defense strategy under section 113(g)(1) of such title.
added
The term “National Military Strategy” means the national military strategy under section 153(b) of such title.
Sec. 312 Modification of authorities governing cultural and conservation activities of the Department of Defense
added
added
In general— Section 2694 of title 10, United States Code, is amended—
added
in subsection (b)—
added
in paragraph (1)—
added
in subparagraph (A), by inserting “or Sentinel Landscape” after “military department”; and
added
in subparagraph (B), by inserting “or that would contribute to maintaining or improving military installation resilience” after “military operations”;
added
in paragraph (2)—
added
in subparagraph (A), by inserting “or nature-based climate resilience plans” after “land management plans”; and
added
by amending subparagraph (F) to read as follows:
added “(F) The implementation of ecosystem-wide land management plans—
added “(i) for a single ecosystem that—
added “(I) encompasses at least two non-contiguous military installations, if those military installations are not all under the administrative jurisdiction of the same Secretary of a military department; and
added “(II) provides synergistic benefits unavailable if the installations acted separately; or
added “(ii) for one or more ecosystems within a designated Sentinel Landscape.”
added
by adding at the end the following new subsection:
added “(e) Definition of Sentinel Landscape—In this section, the term “Sentinel Landscape” means a landscape-scale area encompassing—
added “(1) one or more military installations or State-owned National Guard installations and associated airspace; and
added “(2) the working or natural lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense test and training missions of the military or State-owned National Guard installation or installations.”
added
Preservation of Sentinel Landscapes— Section 317 of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 2684a note) is amended—
added
in subsection (c)—
added
by inserting “resilience,” after “mutual benefit of conservation,”;
added
by inserting “, resilience,” after “voluntary land management”; and
added
by adding at the end the following new sentence: “The Secretary of Defense shall include information concerning the activities taken pursuant to the Sentinel Landscapes Partnership in the annual report to Congress submitted pursuant to section 2684a(g) of title 10, United States Code.”;
added
in subsection (d), in the second sentence, by inserting “by an eligible landowner or agricultural producer” after “Participation”;
added
by redesignating subsection (e) as subsection (f);
added
by inserting after subsection (d) the following new subsection (e):
added “(e) Participation by other agencies—To the extent practicable, the Secretary of Defense shall seek the participation of other Federal agencies in the Sentinel Landscape Partnership and encourage such agencies to become full partners in the Partnership.”
added
in subsection (f), by adding at the end the following new paragraph:
added “(4) Resilience—The term “resilience” means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, flooding, wildfires, or other anticipated or unanticipated changes in environmental conditions.”
Sec. 313 Modification of authority for environmental restoration projects of National Guard
addedadded Section 2707(e)(1) of title 10, United States Code, is amended by striking “in response to perfluorooctanoic acid or perfluorooctane sulfonate contamination under this chapter or CERCLA”.
Sec. 314 Prohibition on use of open-air burn pits in contingency operations outside the United States
added
added
In general— Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:
added “2714. Prohibition on use of open-air burn pits
added “(a) In general—Except as provided in subsection (b), beginning on January 1, 2023, the disposal of covered waste by the Department of Defense in an open-air burn pit located outside of the United States during a contingency operation is prohibited.
added “(b) Waiver—The President may exempt a location from the prohibition under subsection (a) if the President determines such an exemption is in the paramount interest of the United States.
added “(c) Report
added “(1) Not later than 30 days after granting an exemption under subsection (b) with respect to the use of an open-air burn pit at a location, the President shall submit to Congress a written report that identifies—
added “(A) the location of the open-air burn pit;
added “(B) the number of personnel of the United States assigned to the location where the open-air burn pit is being used;
added “(C) the size and expected duration of use of the open-air burn pit;
added “(D) the personal protective equipment or other health risk mitigation efforts that will be used by members of the armed forces when airborne hazards are present, including how such equipment will be provided when required; and
added “(E) the need for the open-air burn pit and rationale for granting the exemption.
added “(2) A report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
added “(d) Definition of covered waste—In this section, the term “covered waste” includes—
added “(1) hazardous waste, as defined by section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903(5));
added “(2) medical waste;
added “(3) tires;
added “(4) treated wood;
added “(5) batteries;
added “(6) plastics, except insignificant amounts of plastic remaining after a good-faith effort to remove or recover plastic materials from the solid waste stream;
added “(7) munitions and explosives, except when disposed of in compliance with guidance on the destruction of munitions and explosives contained in the Department of Defense Ammunition and Explosives Safety Standards, DoD Manual 6055.09-M;
added “(8) compressed gas cylinders, unless empty with valves removed;
added “(9) fuel containers, unless completely evacuated of its contents;
added “(10) aerosol cans;
added “(11) polychlorinated biphenyls;
added “(12) petroleum, oils, and lubricants products (other than waste fuel for initial combustion);
added “(13) asbestos;
added “(14) mercury;
added “(15) foam tent material;
added “(16) any item containing any of the materials referred to in a preceding paragraph; and
added “(17) other waste as designated by the Secretary.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
added
Conforming repeal— Effective January 1, 2023, section 317 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2701 note) is repealed.
Sec. 315 Maintenance of current analytical tools for evaluation of energy resilience measures
added
added
In general— Section 2911 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(i) Analytical tools for evaluation of energy resilience measures
added “(1) The Secretary of Defense shall develop and implement a process to ensure that the Department of Defense, in the evaluation of energy resilience measures on military installations, uses analytical tools that are accurate and effective in projecting the costs and performance of such measures.
added “(2) Analytical tools specified in paragraph (1) shall be—
added “(A) designed to—
added “(i) provide an accurate projection of the costs and performance of the energy resilience measure being analyzed;
added “(ii) be used without specialized training; and
added “(iii) produce resulting data that is understandable and usable by the typical source selection official;
added “(B) consistent with standards and analytical tools commonly applied by the Department of Energy and by commercial industry;
added “(C) adaptable to accommodate a rapidly changing technological environment;
added “(D) peer-reviewed for quality and precision and measured against the highest level of development for such tools; and
added “(E) periodically reviewed and updated, but not less frequently than once every three years.”
added
Report— Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the implementation of the requirements under section 2911(i) of title 10, United States Code, as added by subsection (a).
Sec. 316 Energy efficiency targets for Department of Defense data centers
added
added
Energy efficiency targets for data centers—
added
In general— Subchapter I of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section:
added “2921. Energy efficiency targets for data centers
added “(a) Covered data centers
added “(1) For each covered data center, the Secretary shall—
added “(A) develop a power usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices;
added “(B) develop a water usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices;
added “(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;
added “(D) identify potential renewable or clean energy resources to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and
added “(E) identify any statutory, regulatory, or policy barriers to meeting any target under any of subparagraphs (A) through (C).
added “(2) In this subsection, the term “covered data center” means a data center of the Department that—
added “(A) is one of the 50 data centers of the Department with the highest annual power usage rates; and
added “(B) has been established before the date of the enactment of this section.
added “(b) New data centers
added “(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—
added “(A) power usage effectiveness standards;
added “(B) water usage effectiveness standards; and
added “(C) any other energy or resiliency standards the Secretary determines are appropriate.
added “(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—
added “(A) determines that such waiver is in the national security interest of the United States; and
added “(B) submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver.”
added
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:
added
Inventory of data facilities—
added
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:
added
A list of data centers owned or operated by the Department of Defense.
added
For each such data center, the earlier of the following dates:
added
The date on which the data center was established.
added
The date of the most recent capital investment in new power, cooling, or compute infrastructure at the data center.
added
The total average annual power use, in kilowatts, for each such data center.
added
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.
added
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.
added
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.
added
An assessment of the facility resiliency of each data center, including redundant power and cooling facility infrastructure.
added
Any other matters the Secretary determines are relevant.
added
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.
added
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:
added
A timeline of necessary actions required to meet the energy assessment targets for covered data centers.
added
The estimated costs associated with meeting such targets.
added
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.
added
An analysis of any statutory, regulatory, or policy barriers to meeting such targets identified pursuant to section 2921(a)(E) of title 10, United States Code, as added by subsection (a).
Sec. 317 Modification of restriction on Department of Defense procurement of certain items containing perfluorooctane sulfonate or perfluorooctanoic acid
addedadded Section 333 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
added
in the section heading—
added
by inserting “or purchase” after “procurement”; and
added
by striking “perfluorooctane sulfonate or perfluorooctanoic acid” and inserting “perfluoroalkyl substances or polyfluoroalkyl substances”;
added
in subsection (a), by striking “perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA)” and inserting “any perfluoroalkyl substance or polyfluoroalkyl substance”; and
added
by striking subsection (b) and inserting the following new subsection (b):
added “(b) Definitions—In this section:
added “(1) The term “covered item” means—
added “(A) nonstick cookware or cooking utensils for use in galleys or dining facilities;
added “(B) upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings;
added “(C) food packaging materials;
added “(D) furniture or floor waxes;
added “(E) sunscreen;
added “(F) umbrellas, luggage, or bags;
added “(G) car wax and car window treatments;
added “(H) cleaning products; and
added “(I) shoes and clothing for which treatment with a perfluoroalkyl substance or polyfluoroalkyl substance is not necessary for an essential function.
added “(2) The term “perfluoroalkyl substance” means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.
added “(3) The term “polyfluoroalkyl substance” means a man-made chemical containing at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom.”
Sec. 318 Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam
added
added
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:
added
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).
added
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.
added
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).
added
Report— Not later than one year after the date on which the Administrator of the Environmental Protection Agency publishes the final rule specified in subsection (a)(2), and annually thereafter for three years, the Secretary shall submit to the Administrator a report on all incineration by the Department of Defense of covered materials during the year covered by the report, including—
added
the total amount of covered materials incinerated;
added
the temperature range at which the covered materials were incinerated; and
added
the locations and facilities where the covered materials were incinerated.
added
Definitions— In this section:
added
The term “AFFF” means aqueous film forming foam.
added
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—
added
has been used by the Department of Defense or a military department;
added
is being discarded for disposal by the Department of Defense or a military department; or
added
is being removed from sites or facilities owned or operated by the Department of Defense.
added
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
added
added
Public disclosure of PFAS testing of water—
added
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”) in a covered area, the Secretary of Defense shall publicly disclose such validated result, including—
added
the results of all such testing conducted in the covered area by the Department of Defense; and
added
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.
added
Consent by private property owners— The Secretary of Defense may not publicly disclose the results of testing for perfluoroalkyl or polyfluoroalkyl substances conducted on private property without the consent of the property owner.
added
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 proposed to be conducted in a covered area, including—
added
all such testing to be conducted by the Department of Defense; and
added
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.
added
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—
added
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);
added
on another publicly available website of the Department of Defense; or
added
in the Federal Register.
added
Local notification— Prior to conducting any testing of water for perfluoroalkyl or polyfluoroalkyl substances, including any testing which has not been planned or publicly disclosed pursuant to subsection (b), the Secretary of Defense shall provide notice of the testing to—
added
the managers of the public water system serving the covered area where such testing is to occur;
added
the heads of the municipal government serving the covered area where such testing is to occur; and
added
as applicable, the members of the restoration advisory board for the military installation where such testing is to occur.
added
Methods for testing— In testing water for perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense shall adhere to methods for measuring the amount of such substances in drinking water that have been validated by the Administrator of the Environmental Protection Agency.
added
Definitions— In this section:
added
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.
added
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.
added
The term “military installation” has the meaning given such term in section 2801(c)(4) of title 10, United States Code.
added
The term “perfluoroalkyl or polyfluoroalkyl substance” means any man-made chemical with at least one fully fluorinated carbon atom.
added
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)).
added
The term “restoration advisory board” means a restoration advisory board established pursuant to section 2705(d) of title 10, United States Code.
Sec. 320 PFAS testing requirements
addedadded Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall complete a preliminary assessment and site inspection for PFAS, including testing for PFAS, at all military installations, formerly used defense sites, and State-owned facilities of the National Guard in the United States that have been identified by the Secretary as of the date of the enactment of the Act.
Sec. 321 Standards for response actions with respect to PFAS contamination
added
added
In general— In conducting a response action to address perfluoroalkyl or polyfluoroalkyl substance contamination from Department of Defense or National Guard activities, the Secretary of Defense shall conduct such actions to achieve a level of such substances in the environmental media that meets or exceeds the most stringent of the following standards for each applicable covered PFAS substance in any environmental media:
added
A State standard, in effect in the State in which the response action is being conducted, as described in section 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)).
added
A Federal standard, as described in section 121(d)(2)(A)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)).
added
A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)).
added
Definitions— In this section:
added
The term covered PFAS substance means any of the following:
added
Perfluorononanoic acid (PFNA).
added
Perfluorooctanoic acid (PFOA).
added
Perfluorohexanoic acid (PFHxA).
added
Perfluorooctane sulfonic acid (PFOS).
added
Perfluorohexane sulfonate (PFHxS).
added
Perfluorobutane sulfonic acid (PFBS).
added
GenX.
added
The term response action means an action taken pursuant to section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
added
Savings clause— Except with respect to the specific level required to be met under subsection (a), nothing in this section affects the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607).
Sec. 322 Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam
added
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 the efforts of the Department of Defense to prevent or mitigate spills of aqueous film-forming foam (in this section referred to as “AFFF”). Such review shall assess the following:
added
The preventative maintenance guidelines for fire trucks of the Department and fire suppression systems in buildings of the Department, to mitigate the risk of equipment failure that may result in a spill of AFFF.
added
Any requirements for the use of personal protective equipment by personnel when conducting a material transfer or maintenance activity of the Department that may result in a spill of AFFF, or when conducting remediation activities for such a spill, including requirements for side-shield safety glasses, latex gloves, and respiratory protection equipment.
added
The methods by which the Secretary ensures compliance with guidance specified in material safety data sheets with respect to the use of such personal protective equipment.
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 on the prevention and mitigation of spills of AFFF based on the results of such review that includes, at a minimum, best practices and recommended requirements to ensure the following:
added
The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity of the Department of Defense that may result in such a spill.
added
The use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities for the Department in the vicinity of such drains or basins.
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).
added
Briefing— Not later than 30 days after the date on which the Secretary issues the guidance under subsection (b), the Secretary shall provide to the congressional defense committees a briefing that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (b).
Sec. 323 Budget information for alternatives to burn pits
addedadded The Secretary of Defense shall include in the budget submission of the President under section 1105(a) of title 31, United States Code, for fiscal year 2022 a dedicated budget line item for incinerators and waste-to-energy waste disposal alternatives to burn pits.
Sec. 324 Establishment of emissions control standard operating procedures
added
added
Review— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of current electromagnetic spectrum emissions control standard operating procedures across the joint force.
added
Standards required— Not later than 60 days after completing the review under subsection (a), the Secretary of Defense shall direct the Secretary of each of the military departments to establish standard operating procedures, down to the battalion or equivalent level, pertaining to emissions control discipline during all manner of operations.
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation status of the standards required under subsection (b) by each of the military departments, including—
added
incorporation into doctrine of the military departments;
added
integration into training of the military departments; and
added
efforts to coordinate with the militaries of partner countries and allies to develop similar standards and associated protocols, including through the use of working groups.
Sec. 325 Long-duration demonstration initiative and joint program
added
added
Establishment of initiative— Not later than March 1, 2022, the Secretary of Defense shall establish a demonstration initiative composed of demonstration projects focused on the development of long-duration energy storage technologies.
added
Selection of projects— To the maximum extent practicable, in selecting demonstration projects to participate in the demonstration initiative under subsection (a), the Secretary of Defense shall—
added
ensure a range of technology types;
added
ensure regional diversity among projects; and
added
consider bulk power level, distribution power level, behind-the-meter, microgrid (grid-connected or islanded mode), and off-grid applications.
added
Joint program—
added
Establishment— As part of the demonstration initiative under subsection (a), the Secretary of Defense, in consultation with the Secretary of Energy, shall establish within the Department of Defense a joint program to carry out projects—
added
to demonstrate promising long-duration energy storage technologies at different scales to promote energy resiliency; and
added
to help new, innovative long-duration energy storage technologies become commercially viable.
added
Memorandum of understanding— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a memorandum of understanding with the Secretary of Energy to administer the joint program.
added
Infrastructure— In carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall—
added
use existing test-bed infrastructure at—
added
installations of the Department of Defense; and
added
facilities of the Department of Energy; and
added
develop new infrastructure for identified projects, if appropriate.
added
Goals and metrics— The Secretary of Defense and the Secretary of Energy shall develop goals and metrics for technological progress under the joint program consistent with energy resilience and energy security policies.
added
Selection of projects—
added
In general— To the maximum extent practicable, in selecting projects to participate in the joint program, the Secretary of Defense and the Secretary of Energy may—
added
ensure that projects are carried out under conditions that represent a variety of environments with different physical conditions and market constraints; and
added
ensure an appropriate balance of—
added
larger, operationally-scaled projects, adapting commercially-proven technology that meets military service defined requirements; and
added
smaller, lower-cost projects.
added
Priority— In carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall give priority to demonstration projects that—
added
make available to the public project information that will accelerate deployment of long-duration energy storage technologies that promote energy resiliency; and
added
will be carried out as field demonstrations fully integrated into the installation grid at an operational scale.
Sec. 326 Pilot program on use of sustainable aviation fuel
added
added
In general— The Secretary of Defense shall conduct a pilot program at two or more geographically diverse Department of Defense facilities for the use of sustainable aviation fuel. Such program shall be designed to—
added
identify any logistical challenges with respect to the use of sustainable aviation fuel by the Department of Defense;
added
promote understanding of the technical and performance characteristics of sustainable aviation fuel when used in a military setting; and
added
engage nearby commercial airports to explore opportunities and challenges to partner on increased use of sustainable aviation fuel.
added
Selection of facilities—
added
Selection— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall select at least two geographically diverse Department facilities at which to carry out the pilot program. At least one such facility shall be a facility with an onsite refinery that is located in proximity to at least one major commercial airport that is also actively seeking to increase the use of sustainable aviation fuel.
added
Notice to Congress— Upon the selection of each facility under paragraph (1), the Secretary shall submit to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives notice of the selection, including an identification of the facility selected.
added
Use of sustainable aviation fuel—
added
Plans— For each facility selected under subsection (b), not later than one year after the selection of the facility, the Secretary shall—
added
develop a plan on how to implement, by September 30, 2028, a target of exclusively using at the facility aviation fuel that is blended to contain at least 10 percent sustainable aviation fuel;
added
submit the plan to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and
added
provide to such Committees a briefing on the plan that includes, at a minimum—
added
a description of any operational, infrastructure, or logistical requirements and recommendations for the blending and use of sustainable aviation fuel; and
added
a description of any stakeholder engagement in the development of the plan, including any consultations with nearby commercial airport owners or operators.
added
Implementation of plans— For each facility selected under subsection (b), during the period beginning on a date that is not later than September 30, 2028, and for five years thereafter, the Secretary shall require, in accordance with the respective plan developed under paragraph (1), the exclusive use at the facility of aviation fuel that is blended to contain at least 10 percent sustainable aviation fuel.
added
Criteria for sustainable aviation fuel— Sustainable aviation fuel used under the pilot program shall meet the following criteria:
added
Such fuel shall be produced in the United States from non-agricultural and non-food-based domestic feedstock sources.
added
Such fuel shall constitute drop-in fuel that meets all specifications and performance requirements of the Department of Defense and the Armed Forces.
added
Waiver— The Secretary may waive the use of sustainable aviation fuel at a facility under the pilot program if the Secretary—
added
determines such use is not feasible due to a lack of domestic availability of sustainable aviation fuel or a national security contingency; and
added
submits to the congressional defense committees notice of such waiver and the reasons for such waiver.
added
Final report— At the conclusion of the pilot program, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a final report on the pilot program. Such report shall include each of the following:
added
An assessment of the effect of using sustainable aviation fuel on the overall fuel costs of blended fuel.
added
A description of any operational, infrastructure, or logistical requirements and recommendations for the blending and use of sustainable aviation fuel, with a focus on scaling up military-wide adoption of such fuel.
added
Recommendations with respect to how military installations can leverage proximity to commercial airports and other jet fuel consumers to increase the rate of use of sustainable aviation fuel, for both military and non-military use, including potential collaboration on innovative financing or purchasing and shared supply chain infrastructure.
added
A description of the effects on performance and operation aircraft using sustainable aviation fuel including—
added
if used, considerations of various blending ratios and their associated benefits;
added
efficiency and distance improvements of flights fuels using sustainable aviation fuel;
added
weight savings on large transportation aircraft and other types of aircraft with using blended fuel with higher concentrations of sustainable aviation fuel;
added
maintenance benefits of using sustainable aviation fuel, including engine longevity;
added
the effect of the use of sustainable aviation fuel on emissions and air quality;
added
the effect of the use of sustainable aviation fuel on the environment and on surrounding communities, including environmental justice factors that are created by the demand for and use of sustainable aviation fuel by the Department of Defense; and
added
benefits with respect to job creation in the sustainable aviation fuel production and supply chain.
added
Sustainable aviation fuel defined— In this section, the term “sustainable aviation fuel” means liquid fuel that—
added
consists of synthesized hydrocarbon;
added
meets the requirements of—
added
ASTM International Standard D7566 (or such successor standard); or
added
the co-processing provisions of ASTM International Standard D1655, Annex A1 (or such successor standard);
added
is derived from biomass (as such term is defined in section 45K(c)(3) of the Internal Revenue Code of 1986), waste streams, renewable energy sources, or gaseous carbon oxides;
added
is not derived from palm fatty acid distillates; and
added
conforms to the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance, for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States.
Sec. 327 Joint Department of Defense and Department of Agriculture study on bioremediation of PFAS using mycological organic matter
added
added
Study— The Secretary of Defense, acting through the Assistant Secretary of Defense for Energy, Installations, and Environment, Strategic Environmental Research and Development Program, and the Secretary of Agriculture, acting through the Administrator of the Agricultural Research Service, shall jointly carry out a study on the bioremediation of PFAS using mycological organic matter. Such study shall commence not later than one year after the date of the enactment of this Act.
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Agriculture shall jointly submit to the Committee on Agriculture and the Committee on Armed Services of the House or Representatives and the Committee on Agriculture, Forestry, and Nutrition and the Committee on Armed Services of the Senate a report on the study conducted pursuant to subsection (a).
added
PFAS— In this section, the term “PFAS” means per- and polyfluoroalkyl substances.
Sec. 341 Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand
added
added
Clarification of operational energy responsibilities— Section 2926 of title 10, United States Code, is amended—
added
in subsection (a), by inserting “in contested logistics environments” after “missions”; and
added
in subsection (b)—
added
in the heading, by striking “Authorities” and inserting “Responsibilities”;
added
in the matter preceding paragraph (1), by striking “may” and inserting “shall”;
added
by amending paragraph (1) to read as follows:
added “(1) require the Secretaries concerned and the commanders of the combatant commands to assess the energy supportability in contested logistics environments of systems, capabilities, and plans;”
added
in paragraph (2), by inserting “ supportability in contested logistics environments,” after “power,”; and
added
in paragraph (3), by inserting “in contested logistics environments” after “vulnerabilities”.
added
Establishment of working group— Such section is further amended—
added
in subsection (c)—
added
in the matter preceding paragraph (1), by inserting “ and in coordination with the working group under subsection (d)” after “components”;
added
in paragraph (1), by striking “Defense and oversee” and inserting “Defense, including the activities of the working group established under subsection (d), and oversee”;
added
in paragraph (2), by inserting “, taking into account the findings of the working group under subsection (d)” after “Defense”; and
added
paragraph (3), by inserting “, taking into account the findings of the working group under subsection (d)” after “resilience”;
added
by redesignating subsections (d) through (f) as subsections (e) through (g), respectively;
added
by inserting after subsection (c), as amended by paragraph (1), the following new subsection:
added “(d) Working Group
added “(1) The Secretary of Defense shall establish a working group to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand that are carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense and to conduct other coordinated functions relating to such efforts.
added “(2) The head of the working group under paragraph (1) shall be the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary shall supervise the members of the working group and provide guidance to such members with respect to specific operational energy plans and programs to be carried out pursuant to the strategy under subsection (e).
added “(3) The members of the working group under paragraph (1) shall be appointed as follows:
added “(A) A senior official of each armed force, who shall be nominated by the Secretary concerned and confirmed by the Senate to represent such armed force.
added “(B) A senior official from each geographic and functional combatant command, who shall be appointed by the commander of the respective combatant command to represent such combatant command.
added “(C) A senior official under the jurisdiction of the Chairman of the Joint Chiefs of Staff, who shall be appointed by the Chairman to represent the Joint Chiefs of Staff and the Joint Staff.
added “(4) Each member of the working group shall be responsible for carrying out operational energy plans and programs and implementing coordinated initiatives pursuant to the strategy under subsection (e) for the respective component of the Department that the member represents.
added “(5) The duties of the working group under paragraph (1) shall be as follows:
added “(A) Planning for the integration of efforts to mitigate contested logistics challenges through the reduction of operational energy demand carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense.
added “(B) Developing recommendations regarding the strategy for operational energy under subsection (e).
added “(C) Developing recommendations relating to the development of, and modernization efforts for, platforms and weapons systems of the armed forces.
added “(D) Developing recommendations to ensure that such development and modernization efforts lead to increased lethality, extended range, and extended on-station time for tactical assets.
added “(E) Developing recommendations to mitigate the effects of hostile action by a near-peer adversary targeting operational energy storage and operations of the armed forces, including through the use of innovative delivery systems, distributed storage, flexible contracting, and improved automation.”
added
in subsection (g), as redesignated by paragraph (2)—
added
in paragraph (1)—
added
by striking “The Secretary of a military department” and inserting “Each member of the working group under subsection (d)”; and
added
by striking “conducted by the military department” and inserting “conducted by the respective component of the Department that the member represents for purposes of the working group”; and
added
in paragraph (2), by striking “military department” and inserting “armed force”.
added
Modifications to operational energy strategy— Subsection (e) of such section, as redesignated by subsection (b)(2), is amended to read as follows:
added “(1) The Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the working group under subsection (d), shall be responsible for the establishment and maintenance of a department-wide transformational strategy for operational energy. The strategy shall be updated every five years and shall establish near-term, mid-term, and long-term goals, performance metrics to measure progress in meeting the goals, and a plan for implementation of the strategy within each armed force, across the armed forces, and with the Office of the Secretary of Defense.
added “(2) The strategy required under paragraph (1) shall include the following:
added “(A) A plan to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand within each armed force.
added “(B) An assessment of how industry trends transitioning from the production of internal combustion engines to the development and production of alternative propulsion systems may affect the long-term availability of parts for military equipment, the fuel costs for such equipment, and the sustainability of such equipment.
added “(C) An assessment of any fossil fuel reduction technologies, including electric, hydrogen, or other sustainable fuel technologies, that may reduce operational energy demand in the near-term or long-term.
added “(D) An assessment of any risks or opportunities related to the development of tactical vehicles or other military equipment that use alternative propulsion systems, including any such risks or opportunities with respect the supply chain or resupply capabilities of the armed forces or the congruence of such systems with the systems used by allies of the United States.
added “(E) An assessment of how the Secretaries concerned and the commanders of the combatant commands can better plan for challenges presented by near-peer adversaries in a contested logistics environment, including through innovative delivery systems, distributed storage, flexible contracting, and improved automation.
added “(F) An assessment of any infrastructure investments of allied and partner countries that may affect operational energy availability in the event of a conflict with a near-peer adversary.
added “(3) By authority of the Secretary of Defense, and taking into consideration the findings of the working group, the Assistant Secretary shall prescribe policies and procedures for the implementation of the strategy and make recommendations to the Secretary of Defense and Deputy Secretary of Defense with respect to specific operational energy plans and programs to be carried out pursuant to the strategy.
added “(4) Not later than 30 days after the date on which the budget for fiscal year 2024 is submitted to Congress pursuant to section 1105 of title 31, and every five years thereafter, the Assistant Secretary shall submit to the congressional defense committees the strategy required under paragraph (1).”
added
Definitions— Such section is further amended by adding at the end the following new subsection:
added “(h) Definitions—In this section:
added “(1) The term “contested logistics environment” means an environment in which the armed forces engage in conflict with an adversary that presents challenges in all domains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other.
added “(2) The term “tactical vehicle” means a vehicle owned by the Department of Defense or the armed forces and used in combat, combat support, combat service support, tactical, or relief operations, or in training for such operations.”
added
Conforming amendment— Section 2926(c)(5) of title 10, United States Code, is amended by striking “subsection (e)(4)” and inserting “subsection (f)(4)”.
added
Interim report— Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the congressional defense committees an interim report on any actions taken pursuant to the amendments made by this section. Such report shall include an update regarding the establishment of the working group under section 2926(d) of title 10, United States Code, as amended by subsection (b).
Sec. 342 Global bulk fuel management and delivery
added
added
Designation of responsible combatant command—
added
Designation required— Subchapter III of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section:
added “2927. Global bulk fuel management and delivery
added “The Secretary of Defense shall designate a combatant command to be responsible for bulk fuel management and delivery of the Department on a global basis.”
added
Clerical amendment— The table of contents for such subchapter is amended by adding at the end the following new item:
added
Deadline for designation; notice— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall—
added
make the designation required under section 2927 of title 10, United States Code (as added by paragraph (1)); and
added
provide to the Committees on Armed Services of the Senate and the House of Representatives notice of the combatant command so designated.
added
Global bulk fuel management strategy—
added
Strategy required— The commander of the combatant command designated under section 2927 of title 10, United States Code (as added by subsection (a)), shall prepare and submit to the congressional defense committees a strategy to develop the infrastructure and programs necessary to optimally support global bulk fuel management of the Department of Defense.
added
Additional elements— The strategy under paragraph (1) shall include the following additional elements:
added
A description of the current organizational responsibility for bulk fuel management of the Department, organized by geographic combatant command, including with respect to ordering, storage, and strategic and tactical transportation.
added
A description of any legacy bulk fuel management assets of each of the geographic combatant commands.
added
A description of the operational plan to exercise such assets to ensure full functionality and to repair, upgrade, or replace such assets as necessary.
added
An identification of the resources required for any such repairs, upgrades, or replacements.
added
A description of the current programs relating to platforms, weapon systems, or research and development, that are aimed at managing fuel constraints by decreasing demand for fuel.
added
An assessment of current and projected threats to forward-based bulk fuel delivery, storage, and distribution systems, and an assessment, based on such current and projected threats, of attrition to bulk fuel infrastructure, including storage and distribution systems, in a conflict involving near-peer foreign countries.
added
An assessment of current days of supply guidance, petroleum war reserve requirements, and prepositioned war reserve stocks, based on operational tempo associated with distributed operations in a contested environment.
added
An identification of the resources required to address any changes to such guidance, requirements, or stocks recommended as the result of such assessment.
added
An identification of any global shortfall with respect to bulk fuel management, organized by geographic combatant command, and a prioritized list of investment recommendations to address each shortfall identified.
added
Coordination— In preparing the strategy under paragraph (1), the commander of the combatant command specified in such paragraph shall coordinate with subject matter experts of the Joint Staff, the geographic combatant commands, the United States Transportation Command, the Defense Logistics Agency, and the military departments.
added
Limitation on availability of funds for Defense Logistics Agency (Energy)— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Defense Logistics Agency (Energy), not more than 50 percent may be obligated or expended before the date on which the notice under subsection (a)(3)(B) is provided.
added
Conforming amendments— Section 2854 of the Military Construction Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
added
in subsection (b), by striking “The organizational element designated pursuant to subsection (a)” and inserting “The Secretary of Defense”;
added
in subsection (c), by striking “subsection (b)” and inserting “subsection (a)”;
added
by striking subsections (a) and (d); and
added
by redesignating subsections (b) and (c), as amended by paragraphs (1) and (2), as subsections (a) and (b), respectively.
Sec. 343 Comptroller General annual reviews of F–35 sustainment efforts
added
added
Annual reviews and briefings— Not later than March 1 of each year of 2022, 2023, 2024, and 2025, the Comptroller General of the United States shall—
added
conduct an annual review of the sustainment efforts of the Department of Defense with respect to the F–35 aircraft program (including the air vehicle and propulsion elements of such program); and
added
provide to the Committee on Armed Services of the House of Representatives a briefing on such review, including any findings of the Comptroller General as a result of such review.
added
Elements— Each review under subsection (a)(1) shall include an assessment of the following:
added
The status of the sustainment strategy of the Department for the F–35 Lightning II aircraft program.
added
The Department oversight and prime contractor management of key sustainment functions with respect to the F–35 aircraft program.
added
The ability of the Department to reduce the costs, or otherwise maintain the affordability, of the sustainment of the F–35 fleet.
added
Any other matters regarding the sustainment or affordability of the F–35 aircraft program that the Comptroller General determines to be of critical importance to the long-term viability of such program.
added
Reports— Following the provision of each briefing under subsection (a)(2), at such time as is mutually agreed upon by the Committee on Armed Services of the House of Representatives and the Comptroller General, the Comptroller General shall submit to such committee a report on the matters covered by the briefing.
Sec. 344 Pilot program on biobased corrosion control and mitigation
added
added
Pilot program— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall commence a one-year pilot program to test and evaluate the use of covered biobased solutions as alternatives to current solutions for the control and mitigation of corrosion.
added
Selection— In carrying out the pilot program under subsection (a), the Secretary shall select for test and evaluation under the pilot program at least one existing covered biobased solution.
added
Test and evaluation— Following the test and evaluation of a covered biobased solution under the pilot program, the Secretary shall determine, based on such test and evaluation, whether the solution meets the following requirements:
added
The solution is capable of being produced domestically.
added
The solution is at least as effective at the control and mitigation of corrosion as current alternative solutions.
added
The solution reduces environmental exposures.
added
Recommendations— Upon termination of the pilot program under subsection (a), the Secretary shall develop recommendations for the Department of Defense-wide deployment of covered biobased solutions that the Secretary has determined meet the requirements under subsection (c).
added
Covered biobased solution defined— In this section, the term “covered biobased solution” means a solution for the control and mitigation of corrosion that is domestically produced, commercial, and biobased.
Sec. 345 Pilot program on digital optimization of organic industrial base maintenance and repair operations
added
added
In general— Beginning not later than 180 days after the date of the enactment of this Act, The Secretary of the Defense shall initiate a pilot program under which the Secretary shall provide for the digitization of the facilities and operations of at least one covered depot.
added
Elements of pilot program— In carrying out the pilot program under this section, the Secretary shall provide for each of the following at the covered depot or depots at which the Secretary carries out the program:
added
The delivery of a digital twin model of the maintenance, repair, and remanufacturing infrastructure and activities.
added
The modeling and simulation of optimized facility configuration, logistics systems, and processes.
added
The analysis of material flow and resource use to achieve key performance metrics for all levels of maintenance and repair.
added
An assessment of automated, advanced, and additive manufacturing technologies that could improve maintenance, repair, and remanufacturing operations.
added
The identification of investments necessary to achieve the efficiencies identified by the digital twin model required under paragraph (1).
added
Report— Not later than 60 days after the completion of the digital twin model and associated analysis, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. Such report shall include—
added
a description of the efficiencies identified under the pilot program;
added
a description of the infrastructure, workforce, and capital equipment investments necessary to achieve such efficiencies;
added
the plan of the Secretary to undertake such investments; and
added
the assessment of the Secretary of the potential applicability of the findings of the pilot program to other covered depots.
added
Covered depot defined— In this section, the term “covered depot” includes any depot covered under section 2476(e) of title 10, United States Code, except for the following:
added
Portsmouth Naval Shipyard, Maine.
added
Pearl Harbor Naval Shipyard, Hawaii.
added
Puget Sound Naval Shipyard, Washington.
added
Norfolk Naval Shipyard, Virginia.
Sec. 346 Pilot program on implementation of mitigating actions to address vulnerabilities to critical defense facilities and associated defense critical electric infrastructure
added
added
Two-year pilot authorized—
added
In general— The Secretary of Defense, in coordination with the Secretary of Energy, the Secretaries of each of the military departments, and the Secretary of the department in which the Coast Guard is operating, shall carry out a two-year pilot program under which the Secretary shall implement mitigating actions to address vulnerabilities assessed under section 215A of the Federal Power Act (16 U.S.C. 824o–1) at critical defense facilities and their associated defense critical electric infrastructure, after consultation with, and with the consent of, the owners of such facilities and infrastructure.
added
Use of grant authority— In carrying out the pilot program, the Secretary of Defense may make grants, enter into cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense to support mitigating actions under this section.
added
Selection of installations— The Secretary of Defense shall select at least three military installations designated as critical defense facilities at which to carry out the pilot program under this section. In selecting such installations, the Secretary shall—
added
ensure that at least one of the military installations selected is an installation of each of Armed Forces;
added
select installations that represent different challenges or severities with respect to electric infrastructure vulnerability;
added
select at least one critical defense facility within the service territory of a Power Marketing Administration;
added
provide particular consideration for critical defense facilities and the associated defense critical electric infrastructure that use rural cooperatives or municipal entities for their electricity needs; and
added
provide particular consideration for critical defense facilities and defense critical electric infrastructure that have completed an assessment of vulnerabilities and resilience requirements in coordination with the Secretary of Defense and the Secretary of Energy.
added
Comptroller General review—
added
In general— Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall—
added
conduct a review of the pilot program under this section; and
added
submit to the appropriate congressional committees a report on the results of the review.
added
Contents— The review required under this subsection shall include an assessment of the effectiveness of the mitigating actions taken under the pilot program and the feasibility of expanding the implementation of such mitigating actions at other installations identified under section 215A(a)(4) of the Federal Power Act (16 U.S.C. 824o–1(a)(4)).
added
Definitions— In this section:
added
The term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives; and
added
the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate.
added
The term “defense critical electric infrastructure” has the meaning given such term under section 215A(a)(4) of the Federal Power Act (16 U.S.C. 824o–1(a)(4)).
added
The term “critical defense facility” means a facility designated as a critical defense facility under section 215A(c) of the Federal Power Act (16 U.S.C. 824o–1(c)).
added
The term “mitigating action” means any energy resiliency solution applied that is consistent with an assessed strategy to reduce vulnerabilities at critical defense facilities and associated defense critical electric infrastructure.
Sec. 347 Report and certification requirements regarding sustainment costs for F–35 aircraft program
added
added
Report— Not later than March 1, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on sustainment costs for the F–35 aircraft program. Such report shall include the following:
added
A detailed description and explanation of, and the actual cost data related to, sustainment costs for the F–35 aircraft program, including an identification and assessment of cost elements attributable to the Federal Government or to contractors (disaggregated by the entity responsible for each portion of the cost element, including at the prime contractor and major subcontractor levels) with respect to such sustainment costs.
added
An identification of the affordability targets of the Air Force, Navy, and Marine Corps, respectively, for sustainment costs for the F–35 aircraft program (expressed in cost per tail per year format and disaggregated by aircraft variant) for the following years:
added
With respect to the affordability target of the Air Force, for the year in which the Secretary of the Air Force completes the procurement of the program of record number of F–35 aircraft for the Air Force.
added
With respect to the affordability target of the Navy, for the year in which the Secretary of the Navy completes the procurement of the program of record number of F–35 aircraft for the Navy; and
added
With respect to the affordability target of the Marine Corps, for the year in which the Secretary of the Navy completes the procurement of the program of record number of F–35 aircraft for the Marine Corps.
added
A detailed plan for the reduction of sustainment costs for the F–35 aircraft program to achieve the affordability targets specified in paragraph (2), including a plan for contractors to reduce their portion of such sustainment costs.
added
An identification of sustainment cost metrics for the F–35 aircraft program for each of fiscal years 2022 through 2026, expressed in cost per tail per year format.
added
Annual certification—
added
Certifications— Not later than December 31 of each of the years 2022 through 2026, the Secretary of Defense shall submit to the congressional defense committees a certification indicating whether the F–35 aircraft program met the sustainment cost metrics identified pursuant to subsection (a)(4) with respect to the fiscal year for which the report is submitted.
added
Justification— If a certification under paragraph (1) indicates that the sustainment cost metrics for the respective year were not met, the Secretary shall submit to the congressional defense committees a detailed justification for the outcome.
added
Limitation on certain contracts— The Secretary of Defense may not enter into a performance-based logistics contract for the sustainment of the F–35 aircraft program until the Secretary submits to the congressional defense committees a certification that—
added
the F–35 aircraft program has met the sustainment cost metrics identified pursuant to subsection (a)(4) for two consecutive fiscal years, as indicated by two consecutive certifications submitted under subsection (b)(1); and
added
the Secretary has determined that such a performance-based logistics contract will further reduce sustainment costs for the F–35 aircraft program.
added
Cost per tail per year defined— In this section, the term “cost per tail per year” means the average annual operating and support cost (as estimated pursuant to a formula determined by the Secretary) per aircraft.
Sec. 351 Treatment of notice of presumed risk issued by Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions
addedadded Subparagraph (B) of paragraph (2) of subsection (C) of section 183a of title 10, United States Code, is amended to read as follows:
added “(B) A notice of presumed risk issued pursuant to subparagraph (A) is a preliminary assessment only and is not a finding of unacceptable risk under subsection (e). A discussion of mitigation actions could resolve the concerns identified by the Department in the preliminary assessment in favor of the applicant.”
Sec. 352 Establishment of Joint Safety Council
added
added
In general— Chapter 7 of title 10, United States Code, is amended by inserting after section 183a the following new section:
added “184. Joint Safety Council
added “(a) In general—There is established, within the Office of the Deputy Secretary of Defense, a Joint Safety Council (in this section referred to as the “Council”).
added “(b) Composition; appointment; compensation
added “(1) The Council shall include the following voting members:
added “(A) The Vice Chief of Staff of the Army.
added “(B) The Vice Chief of Staff of the Air Force.
added “(C) The Vice Chief of Naval Operations.
added “(D) The Assistant Commandant of the Marine Corps.
added “(E) The Vice Chief of Space Operations.
added “(F) A member of the Senior Executive Service from the Office of the Under Secretary of Defense for Personnel and Readiness, appointed by the Deputy Secretary of Defense.
added “(G) A member of the Senior Executive Service from the Office of the Under Secretary for Research and Engineering, appointed by the Deputy Secretary of Defense.
added “(H) A member of the Senior Executive Service from the Office of the Under Secretary for Acquisition and Sustainment, appointed by the Deputy Secretary of Defense.
added “(2) The Council shall include the following non-voting members:
added “(A) The Director of Safety for the Department of the Army, who shall be appointed by the Secretary of the Army.
added “(B) The Director of Safety for the Department of the Air Force, who shall be appointed by the Secretary of the Air Force.
added “(C) The Director of Safety for the Department of the Navy, who shall be appointed by the Secretary of the Navy.
added “(D) The Deputy Assistant Secretary of Defense for Force Safety and Occupational Health, appointed by the Deputy Secretary of Defense as the Executive Secretary.
added “(3)
added “(A) Members of the Council serve at the will of the official who appointed them.
added “(B) Vacancies on the Council shall be filled in the same manner as the original appointment.
added “(4) Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council.
added “(c) Chair and vice chair
added “(1) The Secretary of Defense, or the Secretary’s designee, shall select one of the members of the Council who is a member of the armed forces to serve as Chair of the Council. Unless earlier removed, the Chair shall serve for a term of two years. The Chair shall serve as the Director of Operational and Training Safety for the Department of Defense.
added “(2) The Vice Chair shall be a person appointed under subsection (b) who is a member of the Senior Executive Service. The Vice Chair shall report to the Chair and shall serve as Chair in his or her absence.
added “(d) Staff
added “(1) The Council may appoint staff in accordance with section 3101 of title 5.
added “(2) The Council may accept persons on detail from within the Department of Defense and from other Federal departments or agencies on a reimbursable or non-reimbursable basis.
added “(e) Contract authority—The Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes.
added “(f) Procurement of temporary and intermittent services—The Chair may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
added “(g) Data collection
added “(1) Under regulations issued by the Secretary of Defense, the Council shall have access to Department of Defense databases necessary to carry out its responsibilities, including causal factors to be used for mishap reduction purposes.
added “(2) Under regulations issued by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of safety data.
added “(h) Meetings—The Council shall meet quarterly and at the call of the Chair.
added “(i) Duties—The Council shall carry out the following responsibilities:
added “(1) Subject to subsection (j), issuing, publishing, and updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps.
added “(2) Establishing uniform data collection standards, a centralized collection system for mishaps in the Department of Defense, and a process for safeguarding sensitive data and information where appropriate.
added “(3) Reviewing the compliance of each military department in adopting and using the uniform data collection standards established under paragraph (2).
added “(4) Reviewing mishap data to assess, identify, and prioritize risk mitigation efforts and safety improvement efforts across the Department.
added “(5) Establishing standards and requirements for the collection of equipment, simulator, training, pilot, and operator data.
added “(6) Establishing requirements for each military department to collect and analyze any waivers issued relating to pilot or operator qualifications or standards.
added “(7) Establishing, in consultation with the heads of other Federal departments and agencies, as appropriate, a requirement for each military department to implement a safety management system.
added “(8) Reviewing the safety management system of each military department and the implementation of such systems.
added “(9) Reviewing and assessing civilian and commercial safety programs and practices to determine the suitability of such programs for implementation in the Department.
added “(10) Establishing a requirement for each military department to implement a system to monitor recommendations made in safety and legal investigation reports to ensure implementation of corrective actions.
added “(11) Reviewing and providing feedback on the investments of the military departments in technological solutions for safety and mishap prevention.
added “(j) Review—The decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense.
added “(k) Report—The Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 183a the following new item:
Sec. 353 Mishap Investigation Review Board
added
added
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—
added
the size and composition of the Board;
added
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);
added
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;
added
the process by which the Board would evaluate a particular safety or legal investigation for accuracy, thoroughness, and objectivity;
added
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;
added
proposed procedures for safeguarding sensitive information collected during the investigation review process; and
added
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
added
Report— Not later than 180 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committee the proposal required by subsection (a) and a timeline for establishing the Board.
Sec. 354 Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents
added
added
Plan required— Not later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees and to the Comptroller General of the United States a plan to address the recommendations in the report of the Government Accountability Office entitled “Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents” (GAO–21–361). Each such plan shall include, with respect to each recommendation in such report that the Secretary concerned has implemented or intends to implement—
added
a summary of actions that have been or will be taken to implement the recommendation; and
added
a schedule, with specific milestones, for completing implementation of the recommendation.
added
Deadline for implementation—
added
In general— Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act, each Secretary concerned shall carry out activities to implement the plan of the Secretary developed under subsection (a).
added
Exception for implementation of certain recommendations—
added
Delayed implementation— A Secretary concerned may initiate implementation of a recommendation in the report referred to in subsection (a) after the date specified in paragraph (1) if, on or before such date, the Secretary provides to the congressional defense committees a specific justification for the delay in implementation of such recommendation.
added
Nonimplementation— A Secretary concerned may decide not to implement a recommendation in the report referred to in subsection (a) if, on or before the date specified in paragraph (1), the Secretary provides to the congressional defense committees—
added
a specific justification for the decision not to implement the recommendation; and
added
a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation.
added
Secretary concerned— In this section, the term “Secretary concerned” means—
added
the Secretary of the Army, with respect to the Army; and
added
the Secretary of the Navy, with respect to the Navy.
Sec. 355 Pilot program for tactical vehicle safety data collection
added
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall jointly carry out a pilot program to evaluate the feasibility of using data recorders to monitor, assess, and improve the readiness and safety of the operation of military tactical vehicles.
added
Purposes— The purposes of the pilot program are—
added
to allow for the automated identification of hazards and potential hazards on and off military installations;
added
to mitigate and increase awareness of hazards and potential hazards on and off military installations;
added
to identify near-miss accidents;
added
to create a standardized record source for accident investigations;
added
to assess individual driver proficiency, risk, and readiness;
added
to increase consistency in the implementation of military installation and unit-level range safety programs across military installations and units;
added
to evaluate the feasibility of incorporating metrics generated from data recorders into the safety reporting systems and to the Defense Readiness Reporting System as a measure of assessing safety risks, mitigations, and readiness;
added
to determine the costs and benefits of retrofitting data recorders on legacy platforms and including data recorders as a requirement in acquisition of military tactical vehicles; and
added
any other matters as determined by the Secretary concerned.
added
Requirements— In carrying out the pilot program, the Secretaries shall—
added
assess the feasibility of using commercial technology, such as smartphones or technologies used by insurance companies, as a data recorder;
added
test and evaluate a minimum of two data recorders that meet the pilot program requirements;
added
select a data recorder capable of collecting and exporting the telemetry data, event data, and driver identification during operation and accidents;
added
install and maintain a data recorder on a sufficient number of each of the covered military tactical vehicles under subsection (f) at selected installations for statistically significant results;
added
establish and maintain a database that contains telemetry data, driver data, and event data captured by the data recorder;
added
regularly generate for each installation under the pilot program a dataset that is viewable in widely available mapping software of hazards and potential hazards based on telemetry data and event data captured by the data recorders;
added
generate actionable data sets and statistics on individual, vehicle, and military installation;
added
require commanders at the covered military installations to incorporate the actionable data sets and statistics into the installation range safety program;
added
require unit commanders at the covered military installations to incorporate the actionable data sets and statistics into unit driver safety program;
added
evaluate the feasibility of integrating data sets and statistics to improve driver certification and licensing based on data recorded and generated by the data recorders;
added
use open architecture to the maximum extent practicable; and
added
any other activities determined by the Secretary as necessary to meet the purposes under subsection (b).
added
Implementation plan— Not later than 180 days after the date of the enactment of this Act, the Secretaries shall develop a plan for implementing the pilot program required under this section.
added
Locations— Each Secretary concerned shall carry out the pilot program at not fewer than one military installation in the United States that meets the following conditions:
added
Contains the necessary force structure, equipment, and maneuver training ranges to collect driver and military tactical vehicle data during training and routine operation.
added
Represents at a minimum one of the five training ranges identified in the study by the Comptroller General of the United States titled “Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents” that did not track unit location during the training events.
added
Covered military tactical vehicles— The pilot program shall cover the following military tactical vehicles:
added
Army Strykers.
added
Marine Corps Light Armored Vehicles.
added
Army Medium Tactical Vehicles.
added
Marine Corps Medium Tactical Vehicle Replacements.
added
Metrics— The Secretaries shall develop metrics to evaluate the pilot program’s effectiveness in monitoring, assessing, and improving vehicle safety, driver readiness, and mitigation of risk.
added
Reports—
added
Initial— Not later than 180 days after the date of the enactment of this Act under this section, the Secretaries shall jointly submit to the congressional defense committees a report on the pilot program, addressing the plan for implementing the requirements in subsection (c), including the established metrics under subsection (g).
added
Interim— Not later than three years after the commencement of the pilot program, the Secretaries shall jointly submit to the congressional defense committees a report on the status of the pilot program, including the preliminary results in carrying out the pilot program, the metrics generated during the pilot program, disaggregated by military tactical vehicle, location, and service, and the implementation plan under subsection (d).
added
Final— Not later than 90 days after the termination of the pilot program, the Secretaries shall jointly submit to the congressional defense committees a report on the results of the program. The report shall—
added
assess the pilot program’s effectiveness in meeting the purposes under subsection (b);
added
include the metrics generated during the pilot program, disaggregated by military tactical vehicle, location, and service;
added
include the views of range personnel, unit commanders, and members of the Armed Forces involved in the pilot program on the level of effectiveness of the technology selected;
added
provide a cost estimate for equipping legacy military tactical vehicles with data recorders;
added
determine the instances in which data recorders should be a requirement in the acquisition of military tactical vehicles;
added
recommend whether the pilot program should be expanded or made into a program of record; and
added
recommend any statutory, regulatory, or policy changes required to support the purposes under subsection (b).
added
Termination— The authority to carry out the pilot program under subsection (a) shall terminate five years after the date of the enactment of this Act.
added
Definitions— In this section:
added
The term accident means a collision, rollover, or other mishap involving a motor vehicle.
added
The term data recorder means technologies installed in a motor vehicle to record driver identification, telemetry data, and event data related to the operation of such motor vehicle.
added
The term driver identification means data enabling the unique identification of the driver operating the motor vehicle.
added
The term event data includes data related to—
added
the start and conclusion of each vehicle operation;
added
a vehicle accident;
added
a vehicle acceleration, velocity, or location with an increased potential for an accident; or
added
a vehicle orientation with an increased potential for an accident.
added
The term Secretary concerned means—
added
the Secretary of the Army with respect to matters concerning the Army; and
added
the Secretary of the Navy with respect to matters concerning the Navy and Marine Corps.
added
The term telemetry data includes—
added
time;
added
vehicle distance traveled;
added
vehicle acceleration and velocity;
added
vehicle orientation, including roll, pitch, and yaw; and
added
vehicle location in a geographic coordinate system, including elevation.
Sec. 361 Inclusion of information regarding borrowed military manpower in readiness reports
added
added
In general— Section 482(b) of title 10, United States Code, is amended—
added
by redesignating paragraph (10) as paragraph (11); and
added
by inserting after paragraph (9) the following new paragraph (10):
added “(11) Information regarding—
added “(A) the extent to which any member of the armed forces is diverted, temporarily assigned, or detailed outside the member’s assigned unit or away from training in order to perform any function that had been performed by civilian employees of the Federal Government or by contractors prior to such diversion, temporary assignment, or detail; and
added “(B) whether such function is within the scope of the skills required for the military occupational specialty of such member of the armed forces.”
Sec. 362 Annual report on missing, lost, and stolen weapons, large amounts of ammunition, destructive devices, and explosive material
added
added
In general— Section 2722 of title 10, United States Code, is amended—
added
in the section heading, by striking “report to Secretary of the Treasury” and inserting “reporting requirements”;
added
in subsection (a), by inserting “and the Director of the Bureau of Alcohol, Tobacco, and Firearms” after “Secretary of the Treasury”;
added
by redesignating subsection (c) as subsection (d); and
added
by inserting after subsection (b) the following new subsection (c):
added “(c) Annual report—Not later than December 31 each year, the Secretary shall submit to the congressional defense committees a report that includes, for the preceding year—
added “(1) all instances of missing, lost, or stolen weapons, large amounts of ammunition, destructive devices, or explosive material from the stocks of the Department of Defense;
added “(2) for each item identified under paragraph (1), the type, quantity, and serial number, broken down by armed force and component; and
added “(3) such other information the Secretary determines appropriate.”
added
Clerical amendment— The table of sections at the beginning of chapter 161 of such title is amended by striking the item relating to section 2722 and inserting the following new item:
Sec. 363 Annual report on material readiness of Navy ships
addedadded Section 8674(d) of title 10, United States Code is amended—
added
in paragraph (1)—
added
by striking “submit to the” and inserting “provide to the”;
added
by inserting “a briefing and submit to such committees” after “congressional defense committees”; and
added
by striking “setting forth” and inserting “regarding”;
added
in paragraph (2)—
added
by striking “in an unclassified form that is releasable to the public without further redaction.” and inserting “in—”; and
added
by adding at the end the following new subparagraphs:
added “(A) a classified form that shall be available only to the congressional defense committees; and
added “(B) an unclassified form that is releasable to the public without further redaction”
added
by striking paragraph (3).
Sec. 364 Strategy and annual report on critical language proficiency of special operations forces
added
added
Five-year strategy—
added
Strategy required— Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall submit to the congressional defense committees a five-year strategy to support the efforts of the Secretaries concerned to identify individuals who have proficiency in a critical language and to recruit and retain such individuals in the special operations forces of Armed Forces.
added
Elements— The strategy under paragraph (1) shall include the following:
added
A baseline of foreign language proficiency requirements to be implemented within the special operations forces, disaggregated by Armed Force and by critical language.
added
Annual recruitment targets for the number of candidates with demonstrated proficiency in a critical language to be selected for participation in the initial assessment and qualification programs of the special operations forces.
added
A description of current and planned efforts of the Secretaries concerned and the Assistant Secretary to meet such annual recruitment targets.
added
A description of any training programs used to enhance or maintain foreign language proficiency within the special operations forces, including any non-governmental programs used.
added
An annual plan (for each of the five years covered by the strategy) to enhance and maintain foreign language proficiency within the special operations forces of each Armed Force.
added
An annual plan (for each of the five years covered by the strategy) to retain members of the special operation forces of each Armed Force who have proficiency in a foreign language.
added
A description of current and projected capabilities and activities that the Assistant Secretary determines are necessary to maintain proficiency in critical languages within the special operations forces.
added
A plan to implement a training program for members of the special operations forces who serve in positions that the Assistant Secretary determines require proficiency in a critical language to support the Department of Defense in strategic competition.
added
Annual report—
added
Reports required— Not later than December 31, 2022, and annually thereafter until December 31, 2027, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall submit to the congressional defense committees a report on the recruitment, training, and retention of members of the special operations forces who have proficiency in a critical language.
added
Elements— Each report under paragraph (1) shall include, with respect to the year for which the report is submitted, the following information:
added
The number of candidates with demonstrated proficiency in a critical language who have been selected for participation in the initial assessment and qualification programs of the special operations forces, disaggregated by Armed Force of which the special operations force is a component.
added
A description of any variance between the number specified in subparagraph (A) and the recruitment target specified in the strategy under subsection (a)(2)(B) for the corresponding year, including a justification for any such variance.
added
As compared to the total number of members of the special operations forces—
added
the percentage of such members who have maintained proficiency in a critical language, disaggregated by Armed Force;
added
the percentage of such members who are enrolled in a critical language training program, disaggregated by Armed Force and by critical language; and
added
the average proficiency rating received by such members with respect to each critical language, disaggregated by Armed Force.
added
As compared to the total number of members of the special operations force of each Armed Force who are assigned to a unit with the primary mission of advising foreign militaries—
added
the percentage of such members who maintain proficiency in a foreign language relevant to such mission; and
added
the percentage of such members who are enrolled in a foreign language training program relevant to such mission.
added
As compared to the required baseline specified in the strategy under subsection (a)(2)(A), the percentage of members of the special operations force who have proficiency in a critical language, disaggregated by Armed Force and by critical language.
added
A description of any gaps in foreign language training identified by the Assistant Secretary with respect to the special operations forces.
added
Definitions— In this section:
added
The term “critical language” means a language identified by the Director of the National Security Education Program as critical to national security.
added
The term “proficiency” means proficiency in a language, as assessed by the Defense Language Proficiency Test.
added
The term “Secretary concerned” has the meaning given such term in section 101 of title 10, United States Code.
added
The term “special operations forces” means forces described under section 167(j) of title 10, United States Code.
Sec. 365 Report and briefing on approach for certain properties affected by noise from military flight operations
added
added
Briefing— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the use and applicability of the Air Installations Compatible Use Zones program to support noise mitigation and insulation efforts for fixed wing aircraft, including any such efforts funded under grants from the Office of Local Defense Community Cooperation.
added
Matters— The briefing under subsection (a) shall include a discussion of the following:
added
Changes to current practices regarding Air Installations Compatible Use Zones that are necessary to support noise mitigation and insulation efforts relating to existing covered facilities.
added
The number of fixed wing aircraft facilities covered by existing Air Installations Compatible Use Zones studies.
added
The proportion of existing Air Installations Compatible Use Zones studies that accurately reflect current and reasonably foreseeable fixed wing aviation activity.
added
Expected timelines for each military department to develop and update all Air Installations Compatible Use Zones studies to reflect current and reasonably foreseeable fixed wing activity.
added
An approximate number of covered facilities anticipated to be within the 65 dB day–night average sound level for installations with existing Air Installations Compatible Use Zones studies, including such facilities specifically located in crash zones or accident potential zones.
added
An assessment of the viability of making eligibility to receive funding for noise mitigation and insulation efforts contingent on the completion of certain measures to ensure compatibility of civilian land use activity with Air Installations Compatible Use Zones conclusions.
added
Any barriers to the timely review and generation of Air Installations Compatible Use Zones studies, including with respect to staffing and gaps in authorities.
added
The estimated cost to develop and update required Air Installations Compatible Use Zones practices and studies.
added
Future opportunities to consult with local communities affected by noise from military flight operations.
added
Report— Not later than one year after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the final outcome of the update process with respect to Air Installations Compatible Use Zones program. Such report shall include further details and analysis with respect to each matter specified in subsection (b).
added
Definitions— In this section:
added
The term “Air Installations Compatible Use Zones program” has the meaning given such term in Department of Defense Instruction 4165.57.
added
The term “covered facility” means any—
added
private residence;
added
hospital;
added
daycare facility;
added
school; or
added
facility the primary purpose of which is to serve senior citizens.
Sec. 366 Study on use of military resources to transport certain individuals and effect on military readiness
added
added
Study— The Secretary of Defense shall—
added
conduct a study examining the effect on military readiness of using Department of Defense resources to transport covered individuals; and
added
submit to Congress a report containing the findings of such study.
added
Covered individual defined— In this section, the term “covered individual” means an individual who has crossed the southern border of the United States without authorization.
Sec. 371 Budget justification for operation and maintenance
added
added
Subactivity group by future years— Section 233 of title 10, United States Code, is amended—
added
by redesignating subsection (c) as subsection (e); and
added
by inserting after subsection (b) the following new subsection (c):
added “(c) Subactivity groups—The Secretary of Defense, in consultation with the Secretary of each of the military departments, shall include in the materials submitted to Congress by the Secretary of Defense in support of the President’s budget, in an unclassified format, the total amount projected for each individual subactivity group, as detailed in the future years defense program pursuant to section 221 of this title.”
added
Budget submission display— Section 233 of title 10, United States Code, is further amended by inserting after subsection (c), as added by subsection (a), the following new subsection:
added “(d) Budget display—The Secretary of Defense, in consultation with the Secretary of each of the military departments, shall include in the O&M justification documents a budget display to provide for discussion and evaluation of the resources required to meet material readiness objectives, as identified in the metrics required by section 118 of this title, together with any associated risks to the supply chain. For each major weapon system, by designated mission design series, variant, or class, the budget display required under this subsection for the budget year shall include each of the following:
added “(1) The material availability objective established in accordance with the requirements of section 118 of this title.
added “(2) The funds obligated by subactivity group within the operation and maintenance accounts for the second fiscal year preceding the budget year for the purpose of achieving the material readiness objectives identified in accordance with section 118 of this title.
added “(3) The funds estimated to be obligated by subactivity group within the operation and maintenance accounts for the fiscal year preceding the budget year for the purpose of achieving the material readiness objectives identified in accordance with section 118 of this title.
added “(4) The funds budgeted and programmed across the future years defense program within the operation and maintenance accounts by subactivity group for the purpose of achieving the material readiness objectives identified in accordance with section 118 of this title.
added “(5) A narrative discussing the performance of the Department against established material readiness objectives for each major weapon system by mission design series, variant, or class.”
added
Implementation deadline— The Secretary of Defense shall ensure that the budget display requirements required under the amendments made by this section are included in the budget request for fiscal year 2023 and all fiscal years thereafter.
added
Conforming Repeal— Section 357 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 221 note) is repealed.
Sec. 372 Improvements and clarifications related to military working dogs
added
added
Prohibition on charge for transfer of military animals— Subsection (d) of section 2583 of title 10, United States Code, is amended by striking “may” and inserting “shall”.
added
Inclusion of military working dogs in certain research and plans—
added
Research under Joint Trauma Education and Training Directorate— Subsection (b) of section 708 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 note) is amended—
added
in paragraph (7), by striking “of members of the Armed Forces” and inserting “with respect to both members of the Armed Forces and military working dogs”; and
added
by striking paragraph (9) and inserting the following new paragraph:
added “(9) To inform and advise the conduct of research on the leading causes of morbidity and mortality of members of the Armed Forces and military working dogs in combat.”
added
Veterinarians in personnel management plan— Subsection (d)(1) of such section is amended—
added
by redesignating subparagraph (F) as subparagraph (G); and
added
by inserting after subparagraph (E) the following new subparagraph:
added “(F) Veterinary services.”
Sec. 373 Management of fatigue among crew of naval surface ships and related improvements
added
added
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).
added
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:
added
An assessment of the extent of crew fatigue throughout the naval surface ship fleet.
added
A description of the metrics used to assess the extent of fatigue pursuant to paragraph (1).
added
An identification of results-oriented goals for effective fatigue management.
added
An identification of timeframes for achieving the goals identified pursuant to paragraph (3).
added
Comptroller General assessment— Not later than 90 days after the date on which the Comptroller General receives the report under subsection (b), the Comptroller General shall brief the congressional defense committees on the extent to which the actions and goals described in the report meet the requirements of subsection (a).
Sec. 374 Authority to establish Center of Excellence for radar systems and complementary workforce and education programs
added
added
Authority— The Secretary of Defense may establish a Center of Excellence for radar systems and complementary workforce and education programs.
added
Functions— If the Secretary establishes the Center authorized under subsection (a), such Center shall be designed to further the expertise of the Department of Defense in the repair, sustainment, and support of radar systems, as identified by the Joint Radar Industrial Base Working Group and the Radar Supplier Resiliency Plan, by conducting the following activities, as appropriate:
added
Facilitating collaboration among academia, the Department, and the commercial radar industry, including radar system repair and sustainment facilities.
added
Establishing goals for research in areas of study relevant to advancing technology and facilitating better understanding of the necessity of radar systems in the growing development and reliance on automated and complex defense systems, including continuing education and training.
added
Establishing at any institution of higher education with which the Secretary enters into an agreement under subsection (c) such activities as are necessary to develop and meet the requirements of the Department.
added
Increasing communications with radar systems subject-matter experts in industry to learn and support state-of-the-art operational practices, especially studied future needs of the Department related to autonomous systems.
added
Eligible participants— If the Secretary establishes the Center authorized under subsection (a)—
added
the Secretary may enter into an agreement with one or more institutions of higher education to provide for joint operation of the Center; and
added
the Center may partner with nonprofit institutions and private industry with expertise in radar systems to further the mission of the Center.
added
Location— If the Secretary establishes the Center authorized under subsection (a), in determining the location of the Center, the Secretary shall take into account the proximity to existing radar system facilities capable of efficiently facilitating partnership between the Department, industry, and an academic institution.
added
Coordination— Nothing in this section shall preclude the coordination or collaboration between any Center established under this section and any other established center of excellence.
added
Institution of higher education defined— The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Sec. 375 Pilot program on military working dog and explosives detection canine health and excellence
added
added
Pilot program— Not later than September 31, 2022, the Secretary of Defense shall carry out a pilot program to ensure the health and excellence of explosives detection military working dogs. Under such pilot program, the Secretary shall consult with domestic breeders of working dog lines, covered institutions of higher education, and covered national domestic canine associations, to—
added
facilitate the presentation of domestically-bred explosives detection military working dogs for assessment for procurement by the Department of Defense, at a rate of at least 100 canines presented per fiscal year;
added
facilitate the delivery and communication to domestic breeders, covered institutions of higher education, and covered national domestic canine associations, of information regarding—
added
any specific needs or requirements for the future acquisition by the Department of explosives detection military working dogs; and
added
any factors identified as relevant to the success or failure of explosives detection military working dogs presented for assessment pursuant to this section;
added
collect information on the biological and health factors of explosives detection military working dogs procured by the Department, and make such information available for academic research and to domestic breeders; and
added
collect and make available genetic and phenotypic information, including canine rearing and training data for study by domestic breeders and covered institutions of higher education, for the further development of working canines that are bred, raised, and trained domestically.
added
Consultations— In carrying out the pilot program under subsection (a), the Secretary may consult with the working group established pursuant to section 1927 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 6 U.S.C. 1116 note).
added
Termination— The authority to carry out the pilot program under subsection (a) shall terminate on October 1, 2024.
added
Definitions— In this section:
added
The term “covered institution of higher education” means an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), with demonstrated expertise in veterinary medicine for working canines.
added
The term “covered national domestic canine association” means a national domestic canine association with demonstrated expertise in the breeding and pedigree of working canine lines.
added
The term “explosives detection military working dog” means a canine that, in connection with the work duties of the canine performed for the Department of Defense, is certified and trained to detect odors indicating the presence of explosives in a given object or area, in addition to the performance of such other duties for the Department as may be assigned.
added
Authorization of appropriations— There is authorized to be appropriated $10,000,000 to carry out this section.
Sec. 402 Revisions in permanent active duty end strength minimum levels
addedadded Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (5) and inserting the following new paragraphs:
added “(1) For the Army, 485,000.
added “(2) For the Navy, 346,200.
added “(3) For the Marine Corps, 178,500.
added “(4) For the Air Force, 328,300.
added “(5) For the Space Force, 8,400.”
Sec. 411 End strengths for Selected Reserve
added
added
In general— The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2022, as follows:
added
The Army National Guard of the United States, 336,000.
added
The Army Reserve, 189,500.
added
The Navy Reserve, 58,600.
added
The Marine Corps Reserve, 36,800.
added
The Air National Guard of the United States, 108,300.
added
The Air Force Reserve, 70,300.
added
The Coast Guard Reserve, 7,000.
added
End strength reductions— The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
added
the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
added
the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
added
End strength increases— Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
Sec. 412 End strengths for Reserves on active duty in support of the Reserves
addedadded Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2022, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
added
The Army National Guard of the United States, 30,845.
added
The Army Reserve, 16,511.
added
The Navy Reserve, 10,293.
added
The Marine Corps Reserve, 2,386.
added
The Air National Guard of the United States, 26,661.
added
The Air Force Reserve, 6,003.
Sec. 415 Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths
addedadded Section 115(b)(2)(B) of title 10, United States Code, is amended by striking “1095 days in the previous 1460 days” and inserting “1825 days in the previous 2190 days”.
Sec. 421 Military personnel
added
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.
added
Construction of authorization— The authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2022.
removed
There is hereby authorized to be appropriated for military personnel for fiscal year 2022 a total of $157,947,920,000.
Sec. 501 Grade of certain chiefs of reserve components
added
added
In general—
added
Chief of Army Reserve— Section 7038(b)(1) of title 10, United States Code, is amended by striking “general officers of the Army Reserve” and inserting “officers of the Army Reserve in the grade of lieutenant general and”.
added
Chief of Navy Reserve— Section 8083(b)(1) of such title is amended by striking “flag officers of the Navy (as defined in section 8001(1))” and inserting “officers of the Navy Reserve in the grade of vice admiral and”.
added
Commander, Marine Forces Reserve— Section 8084(b)(1) of such title is amended by striking “general officers of the Marine Corps (as defined in section 8001(2))” and inserting “officers of the Marine Corps Reserve in the grade of lieutenant general and”.
added
Chief of Air Force Reserve— Section 9038(b)(1) of such title is amended by striking “general officers of the Air Force Reserve” and inserting “officers of the Air Force Reserve in the grade of lieutenant general and”.
added
Effective date— The amendments made under subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act and shall apply to appointments made after such date.
Sec. 502 Grade of Vice Chief of the National Guard Bureau
addedadded Section 10505 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(c) Grade
added “(1) The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of general.
added “(2) The Secretary of Defense shall designate, pursuant to subsection (b) of section 526 of this title, the position of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.”
Sec. 503 Prohibition on private funding for interstate deployment of National Guard
added
added
Prohibition— Chapter 3 of title 32, United States Code, is amended by adding at the end the following new section:
added “329. Prohibition on private funding for interstate deployment
added “A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title, title 10, or State active duty) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).”
added
Technical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
Sec. 504 Requirement of consent of the chief executive officer for certain full-time National Guard duty performed in a State, Territory, or the District of Columbia
addedadded Section 502(f)(2)(A) of title 32, United States Code, is amended to read as follows:
added “(A) Support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense, with the consent of—
added “(i) the chief executive officer of each State (as that term is defined in section 901 of this title) in which such operations or missions shall take place; and
added “(ii) if such operations or missions shall take place in the District of Columbia, the Mayor of the District of Columbia.”
Sec. 505 Continued National Guard support for FireGuard program
addedadded 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 Study on reapportionment of National Guard force structure based on domestic responses
added
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:
added
An assessment how domestic response missions affect recruitment and retention of qualified personnel, especially in States—
added
with the lowest ratios of National Guard members to the general population; and
added
that are most prone to natural disasters.
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.
added
An comparison of the costs of a response to a domestic incident in a State with—
added
units of the National Guard of such State; and
added
units of the National Guards of other States pursuant to an emergency management assistance compact.
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—
added
challenges to recruiting members of the National Guard and allocating mission sets to other geographic regions; and
added
the ability to track and respond to domestic migration trends in order to establish a baseline for force structure requirements.
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.
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).
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.
Sec. 507 Report on feasibility and advisability of including cybersecurity operations and missions to protect critical infrastructure by members of the National Guard in connection with training or other duty
addedadded 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 Access to Tour of Duty system
added
added
Access—
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.
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.
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. 511 Prohibition on commissioning or enlistment in the Armed Forces of an individual convicted of a felony hate crime
added
added
Prohibition— Section 657 of title 10, United States Code, is amended—
added
in the heading, by striking “sexual”; and
added
in subsection (b), by adding at the end the following new paragraphs:
added “(5) An offense under section 249 of title 18.
added “(6) An offense under State or local law—
added “(A) described in section 245(a)(1) of title 18; or
added “(B) the elements of which are substantially similar to those of an offense under section 247 or 249 of title 18.”
added
Conforming amendment— The table of sections at the beginning of chapter 37 of such title is amended by striking the item relating to section 657 and inserting the following:
Sec. 512 Reduction in service commitment required for participation in career intermission program of a military department
addedadded Section 710(c)(3) of title 10, United States Code, is amended by striking “two months” and inserting “one month”.
Sec. 513 Modernization of the Selective Service System
added
added
Reference— Except as expressly provided otherwise, any reference in this section to a section or other provision shall be deemed to be a reference to that section or other provision of the Military Selective Service Act (50 U.S.C. 3801 et seq.).
added
Purpose of selective service— Section 1(b) (50 U.S.C. 3801(b)) is amended—
added
by striking “armed strength” and inserting “military strength”;
added
by striking “insure” and inserting “ensure”; and
added
by inserting before the period at the end the following: “by ensuring adequate personnel with the requisite capabilities to meet the mobilization needs of the Department of Defense during a national emergency and not solely to provide combat replacements”.
added
Solemnity of military service— Section 3 (50 U.S.C. 3802) is amended by adding at the end the following:
added “(c) Regulations prescribed pursuant to subsection (a) shall include methods to convey to every person required to register the solemn obligation for military service in the event of a military draft.”
added
Expanded registration to all Americans—
added
Section 3(a) (50 U.S.C. 3802(a)) is amended—
added
by striking “male citizen” and inserting “citizen”;
added
by striking “male person” and inserting “person”;
added
by striking “present himself” and inserting “appear”; and
added
by striking “so long as he” and inserting “so long as such alien”.
added
Section 4(e) (50 U.S.C. 3803(e)) is amended by striking “enlisted men” and inserting “enlisted persons”.
added
Section 5 (50 U.S.C. 3805) is amended—
added
in subsection (a)(1)—
added
by striking “race or color” and inserting “race, color, sex, or gender”; and
added
by striking “call for men” and inserting “call for persons”; and
added
in subsection (b), by striking “men” each place it appears and inserting “persons”.
added
Section 6 (50 U.S.C. 3806) is amended—
added
in subsection (a)(1)—
added
by striking “enlisted men” and inserting “enlisted persons”; and
added
by striking “accrue to him” and inserting “accrue to such alien”; and
added
in subsection (h)—
added
by striking “(other than wives alone, except in cases of extreme hardship)”; and
added
by striking “wives and children” and inserting “spouses and children”.
added
Section 10(b)(3) (50 U.S.C. 3809(b)(3)) is amended—
added
by striking “the President is requested” and all that follows through “within its jurisdiction” and inserting “the President is requested to appoint the membership of each local board so that each board has both male and female members and, to the maximum extent practicable, it is proportionately representative of the race, national origin, and sex of those registrants within its jurisdiction”; and
added
by striking “race or national origin” and inserting “race, sex, or national origin”.
added
Section 16(a) (50 U.S.C. 3814(a)) is amended by striking “men” and inserting “persons”.
added
Maintaining the health of the Selective Service System— Section 10(a) (50 U.S.C. 3809(a)) is amended by adding at the end the following new paragraph:
added “(5) The Selective Service System shall conduct exercises periodically of all mobilization plans, systems, and processes to evaluate and test the effectiveness of such plans, systems, and processes. Once every 4 years, the exercise shall include the full range of internal and interagency procedures to ensure functionality and interoperability and may take place as part of the Department of Defense mobilization exercise under section 10208 of title 10, United States Code. The Selective Service System shall conduct a public awareness campaign in conjunction with each exercise to communicate the purpose of the exercise to the public.”
added
Due process for failure To register—
added
Section 12 (50 U.S.C. 3811) is amended—
added
in subsection (f)—
added
in paragraph (2), by inserting before the period at the end “or proof of registration in accordance with subsection (g)”;
added
in paragraph (3)—
added
in the first sentence, by striking “compliance” and inserting “compliance or proof of registration”; and
added
in the second sentence, by inserting before the period at the end “or proof of registration”; and
added
in paragraph (4), in the second sentence—
added
by striking “thereunder” and inserting “thereunder, or failure to provide proof of registration in accordance with subsection (g),”; and
added
by inserting before the period at the end “or has registered in accordance with subsection (g)”; and
added
in subsection (g)—
added
in paragraph (1), by striking “; and” and inserting “and the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register; or”; and
added
by amending paragraph (2) to read as follows:
added “(2) the person was provided notice of the person’s failure to register and the person registered within 30 days with the Selective Service System, regardless of the person’s age at the time of registration.”
added
Technical and conforming amendments— The Military Selective Service Act is amended—
added
in section 4 (50 U.S.C. 3803)—
added
in subsection (a) in the third undesignated paragraph—
added
by striking “his acceptability in all respects, including his” and inserting “such person’s acceptability in all respects, including such person's”; and
added
by striking “he may prescribe” and inserting “the President may prescribe”;
added
in subsection (c)—
added
in paragraph (2), by striking “any enlisted member” and inserting “any person who is an enlisted member”; and
added
in paragraphs (3), (4), and (5), by striking “in which he resides” and inserting “in which such person resides”;
added
in subsection (g), by striking “coordinate with him” and inserting “coordinate with the Director”; and
added
in subsection (k)(1), by striking “finding by him” and inserting “finding by the President”;
added
in section 5(d) (50 U.S.C. 3805(d)), by striking “he may prescribe” and inserting “the President may prescribe”;
added
in section 6 (50 U.S.C. 3806)—
added
in subsection (c)(2)(D), by striking “he may prescribe” and inserting “the President may prescribe”;
added
in subsection (d)(3), by striking “he may deem appropriate” and inserting “the President considers appropriate”; and
added
in subsection (h), by striking “he may prescribe” each place it appears and inserting “the President may prescribe”;
added
in section 10 (50 U.S.C. 3809)—
added
in subsection (b)—
added
in paragraph (3)—
added
by striking “He shall create” and inserting “The President shall create”; and
added
by striking “upon his own motion” and inserting “upon the President’s own motion”;
added
in paragraph (4), by striking “his status” and inserting “such individual’s status”; and
added
in paragraphs (4), (6), (8), and (9), by striking “he may deem” each place it appears and inserting “the President considers”; and
added
in subsection (c), by striking “vested in him” and inserting “vested in the President”;
added
in section 13(b) (50 U.S.C. 3812(b)), by striking “regulation if he” and inserting “regulation if the President”;
added
in section 15 (50 U.S.C. 3813)—
added
in subsection (b), by striking “his” each place it appears and inserting “the registrant’s”; and
added
in subsection (d), by striking “he may deem” and inserting “the President considers”;
added
in section (16)(g) (50 U.S.C. 3814(g))—
added
in paragraph (1), by striking “who as his regular and customary vocation” and inserting “who, as such person’s regular and customary vocation,”; and
added
in paragraph (2)—
added
by striking “one who as his customary vocation” and inserting “a person who, as such person’s customary vocation,”; and
added
by striking “he is a member” and inserting “such person is a member”;
added
in section (18)(a) (50 U.S.C. 3816(a)), by striking “he is authorized” and inserting “the President is authorized”;
added
in section 21 (50 U.S.C. 3819)—
added
by striking “he is sooner” and inserting “sooner”;
added
by striking “he” each subsequent place it appears and inserting “such member”; and
added
by striking “his consent” and inserting “such member’s consent”;
added
in section 22(b) (50 U.S.C. 38290(b)), in paragraphs (1) and (2), by striking “his” each place it appears and inserting “the registrant’s”; and
added
except as otherwise provided in this section—
added
by striking “he” each place it appears and inserting “such person”;
added
by striking “his” each place it appears and inserting “such person’s”;
added
by striking “him” each place it appears and inserting “such person”; and
added
by striking “present himself” each place it appears in section 12 (50 U.S.C. 3811) and inserting “appear”.
added
Conforming amendments to other laws—
added
Section 3328 of title 5, United States Code, is amended by striking subsection (a) and inserting the following:
added “(a) An individual who was required to register under section 3 of the Military Selective Service Act (50 U.S.C. 3803) but failed to meet the registration requirements of section 3 of that Act shall be ineligible for appointment to a position in an Executive agency, unless—
added “(1) the requirement for the person to so register has terminated or become inapplicable to the person and the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register; or
added “(2) the person was provided notice of the person’s failure to register and the person registered within 30 days with the Selective Service System, regardless of the person’s age at the time of registration.”
added
Section 484(n) of the Higher Education Act of 1965 (20 U.S.C. 1091(n)) is amended by striking “(50 U.S.C. App. 462(f))” and inserting “(50 U.S.C. 3811(f))”.
added
Effective date— The amendments made by this section shall take effect on the date of the enactment of this Act, except that the amendments made by subsections (d) and (h)(1) shall take effect one year after such date of enactment.
Sec. 514 Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments
added
added
In general— Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall take the following steps regarding military accessions in each Armed Force under the jurisdiction of such Secretary:
added
Assess the prescribed medical standards for appointment as an officer, or enlistment as a member, in such Armed Force.
added
Determine how to update the medical screening processes for appointment or enlistment.
added
Determine how to standardize operations across the military entrance processing stations.
added
Determine how to improve aptitude testing methods and standardized testing requirements.
added
Implement improvements determined or identified under paragraphs (1) through (4).
added
Report— Not later than one year after the date of the enactment of this Act, each Secretary shall submit to the appropriate congressional committees a report containing the results of carrying out this section and recommendations regarding legislation the Secretary determines necessary to improve such military accessions.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
The Committee on Armed Services of the House of Representatives.
added
The Committee on Armed Services of the Senate.
added
The Committee on Transportation and Infrastructure of the House of Representatives.
added
The Committee on Commerce, Science, and Transportation of the Senate.
Sec. 515 Authorization of permissive temporary duty for wellness
addedadded In order to reduce the rate of suicides in the Armed Forces, the Secretary of each military department shall prescribe regulations that authorize a member of an Armed Force under the jurisdiction of such Secretary to take not more than two weeks of permissive temporary duty each year to attend a seminar, retreat, workshop, or outdoor recreational therapy event—
added
hosted by a non-profit organization; and
added
that focuses on psychological, physical, spiritual, or social wellness.
Sec. 516 Required staffing of administrative separation boards
added
added
In general— The Secretary of the military department concerned shall ensure that any administrative separation board under the jurisdiction of such Secretary has assigned to it the following:
added
A nonvoting legal advisor who shall be responsible for providing legal advice to the President of the board on—
added
the operations and procedures of the board; and
added
matters under consideration by the board.
added
A nonvoting recorder who shall be responsible for representing the separation authority in the in the proceedings before the board.
added
Selection and supervision—
added
In general— The nonvoting legal advisor referred to in subsection (a)(1) and the recorder referred to in subsection (a)(2) shall each be selected by the staff judge advocate and each shall serve under the supervision of such staff judge advocate.
added
Certification— The staff judge advocate who selects the recorder under paragraph (1) shall include in the record of the proceedings of the board a written certification affirming that the recorder has the legal skills necessary to competently fulfill the duties of that position.
Sec. 517 Administrative separation: miscellaneous authorities and requirements
addedadded Not later than one year after the date of the enactment of this Act, the Secretary of Defense and each Secretary of a military department shall prescribe regulations and guidance for administrative separations of enlisted members under the jurisdiction of such Secretary that—
added
authorize the Secretary of the military department concerned to characterize an administrative discharge, considered by an administrative separation board under regulations prescribed by such Secretary—
added
under any conditions (including other than honorable); and
added
notwithstanding the recommendation of such administrative separation board; and
added
in the case of an administrative separation on the basis of an offense by the member against an individual, allow such individual to request that at least one voting member of the administrative separation board be of the same gender, race, or ethnicity of such individual.
Sec. 518 Prohibition on algorithmic career termination
addedadded No funds authorized to be appropriated by this Act may be used to subject a member of the Armed Forces under the jurisdiction of a Secretary of a military department to discipline of any kind solely based on the output of an automated algorithmic, mathematical, or other analytic tool used in the evaluation of publicly available social media posts or other publicly available online activity attributable to such member, unless the Secretary concerned determines an imminent threat of physical violence exists.
Sec. 519 Prohibition on discipline against a member based on certain social media
addedadded No funds authorized to be appropriated by this Act may be used to subject a member of the Armed Forces under the jurisdiction of a Secretary of a military department to discipline of any kind solely based on a comment, post, or other activity originating from a third party regarding a political matter on an online account, forum, or other electronic means owned, controlled, or operated by the member.
Sec. 519A Command oversight of military privatized housing as element of performance evaluations
added
added
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:
added
Improving conditions of privatized housing under subchapter IV of chapter 169 of title 10, United States Code.
added
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.
added
Covered individuals— The individuals described in this subsection are as follows:
added
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.
added
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.
added
Any other officer or enlisted member of the Armed Forces (whether or not at an installation described in paragraph (1)) as specified by the Secretary of the military department concerned for purposes of this section.
Sec. 519B Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States
added
added
Study; report— Not later than September 30, 2022, the Secretary of Defense shall—
added
conduct a feasibility study regarding the establishment of a standard record of housing history for members of the Armed Forces who reside in covered housing; and
added
submit to the appropriate congressional committees a report on the results of such study.
added
Contents— A record described in subsection (a) includes, with regards to each period during which the member concerned resided in covered housing, the following:
added
The assessment of the commander of the military installation in which such housing is located, of the condition of such covered housing—
added
prior to the beginning of such period; and
added
in which the member concerned left such covered housing upon vacating such covered housing.
added
Contact information a housing provider may use to inquire about such a record.
added
Online access— A record described in subsection (a) would be accessible through a website, maintained by the Secretary of the military department concerned, through which a member of the Armed Forces under the jurisdiction of such Secretary may access such record of such member.
added
Issuance— The Secretary concerned would issue a copy of a described in subsection (a) to the member concerned upon the separation, retirement, discharge, or dismissal of such member from the Armed Forces, with the DD Form 214 for such member.
added
Definitions— In this section:
added
The term “appropriate congressional committees” means the following:
added
The Committee on Armed Services of the House of Representatives.
added
The Committee on Armed Services of the Senate.
added
The Committee on Transportation and Infrastructure of the House of Representatives.
added
The Committee on Commerce, Science, and Transportation of the Senate.
added
The term “covered housing” means housing provided by the United States to a member of the Armed Forces.
Sec. 519C Seaman to Admiral-21 program: credit towards retirement
added
added
Credit— For each participant in the Seaman to Admiral-21 program during fiscal years 2010 through 2014 for whom the Secretary of the Navy cannot find evidence of an acknowledgment that, before entering a baccalaureate degree program, service during the baccalaureate degree program would not be included when computing years of service for retirement, the Secretary shall include service during the baccalaureate degree program when computing—
added
years of service; and
added
retired or retainer pay.
added
Report required— The Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the number of participants credited with service under subsection (a).
added
Deadline— The Secretary shall carry out this section not later than 180 days after the date of the enactment of this Act.
Sec. 519D Progress report on implementation of GAO recommendations regarding career paths for surface warfare officers of the Navy
added
added
Progress report— Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a progress report on implementation of the recommendations for executive action in the report of the Government Accountability Office titled “Navy Readiness: Actions Needed to Evaluate and Improve Surface Warfare Officer Career Path” (GAO–21–168). The report shall include the following:
added
Actions taken to develop plans to improve retention of SWOs, with a focus on retention of female SWOs, including specific goals, performance measures, and timelines.
added
Actions taken to analyze relevant logbook data for trends between the number of SWOs aboard ships and competition for limited training opportunities.
added
Actions taken to analyze the extent to which commissioning practices affect training opportunities for SWOs.
added
Actions taken to reevaluate the need for nuclear-trained SWOs, assess the effects of the current training approach, and make any related adjustments to the respective career path.
added
Actions taken to establish and implement regular evaluations of the effectiveness of the current career path, training, and policies for SWOs, in successfully developing and retaining proficient SWOs. The initial evaluation shall include—
added
a comparison of such effectiveness against that of other positions in the Navy, and against comparable positions in other navies and maritime communities; and
added
input from SWOs at all grades.
added
Actions taken to implement—
added
workforce strategies;
added
changes to the career path for SWOs, training, and policies; and
added
the implementation of pilot programs to evaluate potential changes that address the results of such initial evaluation.
added
SWO defined— In this section, the term “SWO” means “surface warfare officer”.
Sec. 519E Independent assessment of retention of female surface warfare officers
added
added
In general— The Secretary of Defense shall seek to enter into an agreement with a nonprofit entity or a federally funded research and development center independent of the Department of Defense to conduct research and analysis on the gender gap in retention of surface warfare officers in the Navy.
added
Elements— The research and analysis conducted under subsection (a) shall include consideration of the following:
added
Demographics of surface warfare officers, disaggregated by gender, including—
added
race;
added
ethnicity;
added
socioeconomic status;
added
marital status (including whether the spouse is a member of the Armed Forces and, if so, the length of service of such spouse);
added
whether the officer has children (including number and age or ages of children);
added
whether an immediate family member serves or has served as a member of the Armed Forces; and
added
the percentage of such officers who—
added
indicate an intent to complete only an initial service agreement; and
added
complete only an initial service agreement.
added
Whether there is a correlation between the number of female surface warfare officers serving on a vessel and responses of such officers to command climate surveys.
added
An anonymous but traceable study of command climate results to—
added
correlate responses from particular female surface warfare officers with resignation; and
added
compare attitudes of first-tour and second-tour female surface warfare officers.
added
Recommendations based on the findings under paragraphs (1), (2), and (3).
added
Reports—
added
In general— Not later than 270 days after the date on which a nonprofit entity or federally funded research and development center enters into an agreement under subsection (a) with the Secretary of Defense, such entity or center shall submit to the Secretary of Defense a report on the results of the research and analysis under subsection (a).
added
Submission to Congress— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees each of the following:
added
A copy of the report submitted under paragraph (1) without change.
added
Any comments, changes, recommendations, or other information provided by the Secretary of Defense relating to the research and analysis under subsection (a) and contained in such report.
Sec. 521 Rights of the victim of an offense under the Uniform Code of Military Justice
added
added
In general— Section 806b(a) of title 10, United States Code (article 6b(a) of the Uniform Code of Military Justice) is amended—
added
by redesignating paragraph (8) as paragraph (9); and
added
by inserting after paragraph (7) the following new paragraph:
added “(8) The right to be informed in a timely manner of any pre-trial agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize another law enforcement proceeding or would violate the privacy concerns of an individual other than the accused.”
added
Policy on information provided to victims—
added
Uniform policy required— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Department in which the Coast Guard is operating, shall establish a uniform policy for the sharing of the following information relating to the victim of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), with a Special Victims’ Counsel or Victims’ Legal Counsel representing such victim:
added
Any recorded statements of the victim to investigators.
added
The record of any forensic examination of the person or property of the victim, including the record of any sexual assault forensic exam of the victim that is in possession of investigators or the Government.
added
Any other personal or medical record of the victim that is in the possession of investigators or the Government.
added
Exception for withholding of information in certain circumstances— The policy under paragraph (1) may set forth circumstances in which the information specified in such paragraph may be withheld for the purpose of protecting the integrity of an investigation or criminal proceeding.
Sec. 522 Commanding officer's non-judicial punishment
added
added
In general— Section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), is amended—
added
by redesignating subsections (c) through (g) as subsections (d) through (h), respectively;
added
by inserting after subsection (b), the following new subsection:
added “(c)
added “(1) Except as provided in paragraphs (2) and (3), a commanding officer may not impose a punishment authorized in subsection (b) unless, before the imposition of such punishment, the commanding officer—
added “(A) requests and receives legal guidance regarding the imposition of such punishment from a judge advocate or other legal officer of the armed force of which the commanding officer is a member; and
added “(B) provides the member who may be subject to such punishment with an opportunity to consult appropriate legal counsel.
added “(2) Paragraph (1) shall not apply to the punishments specified in subparagraphs (E) and (F) of subsection (b)(2).
added “(3) A commanding officer may waive the requirements set forth in subparagraphs (A) and (B) of paragraph (1), on a case by case basis, if the commanding officer determines such a waiver is necessary in the national security interests of the United States.”
added
in subsection (f), as so redesignated, by striking “subsection (d)” and inserting “subsection (e)”.
added
Effective date and applicability— The amendments made by subsection (a) shall take effect 180 days after the date of the enactment of this Act and shall apply with respect to punishments imposed under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), on or after such effective date.
added
Additional guidance required— Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall prescribe regulations or issue other written guidance with respect to non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice) that—
added
added
identifies criteria to be considered when determining whether a member of the armed forces is attached to or embarked in a vessel for the purposes of determining whether such member may demand trial by court-martial in lieu of punishment under such section (article); and
added
establishes a policy about the appropriate and responsible invocation of such exception; and
added
establishes criteria commanders must consider when evaluating whether to issue a waiver under subsection (c)(3) of such section (article) (as added by subsection (a) of this section) on the basis of the national security interests of the United States.
Sec. 523 Selection process for members to serve on courts-martial
addedadded Section 825(e) of title 10, United States Code (article 25(e) of the Uniform Code of Military Justice), is amended—
added
by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (4), and (5), respectively;
added
by inserting before paragraph (3), as so redesignated, the following new paragraphs:
added “(2) The randomized selection process developed and implemented under paragraph (1) may include parameter controls that—
added “(A) allow for exclusions based on scheduling availability;
added “(B) allow for controls based on military rank; and
added “(C) allow for controls to promote gender, racial, and ethnic diversity and inclusion.”
added
in paragraph (4), as so redesignated, by—
added
striking the first sentence; and
added
striking “when he is” and inserting “when the member is”.
Sec. 524 Petition for DNA testing under the Uniform Code of Military Justice
added
added
In general— Subchapter IX of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 873 (article 73) the following new section (article):
added “873a. Art. 73a. Petition for DNA testing
added “(a) In general—Upon a written petition by an accused sentenced to imprisonment or death pursuant to a conviction under this chapter (referred to in this section as the “applicant”), the Judge Advocate General shall order DNA testing of specific evidence if the Judge Advocate General finds that all of the following apply:
added “(1) The applicant asserts, under penalty of perjury, that the applicant is actually innocent of the offense for which the applicant is sentenced to imprisonment or death.
added “(2) The specific evidence to be tested was secured in relation to the investigation or prosecution of the offense referenced in the applicant’s assertion under paragraph (1).
added “(3) The specific evidence to be tested—
added “(A) was not previously subjected to DNA testing and the applicant did not knowingly fail to request DNA testing of that evidence in a prior motion for postconviction DNA testing; or
added “(B) was previously subjected to DNA testing and the applicant is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing.
added “(4) The specific evidence to be tested is in the possession of the Government and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing.
added “(5) The proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices.
added “(6) The applicant identifies a theory of defense that—
added “(A) is not inconsistent with an affirmative defense presented at trial; and
added “(B) would establish the actual innocence of the applicant of the offense referenced in the applicant’s assertion under paragraph (1).
added “(7) If the applicant was convicted following a trial, the identity of the perpetrator was at issue in the trial.
added “(8) The proposed DNA testing of the specific evidence may produce new material evidence that would—
added “(A) support the theory of defense referenced in paragraph (6); and
added “(B) raise a reasonable probability that the applicant did not commit the offense.
added “(9) The applicant certifies that the applicant will provide a DNA sample for purposes of comparison.
added “(10) The petition is made in a timely fashion, subject to the following conditions:
added “(A) There shall be a rebuttable presumption of timeliness if the petition is made within five years of the enactment of the National Defense Authorization Act for Fiscal Year 2022 or within three years after the date of the entry of judgment under section 860c of this title (article 60c), whichever comes later. Such presumption may be rebutted upon a showing—
added “(i) that the applicant’s petition for a DNA test is based solely upon information used in a previously denied motion; or
added “(ii) of clear and convincing evidence that the applicant’s filing is done solely to cause delay or harass.
added “(B) There shall be a rebuttable presumption against timeliness for any petition not satisfying subparagraph (A) above. Such presumption may be rebutted upon the Judge Advocate General’s finding—
added “(i) that the applicant was or is incompetent and such incompetence substantially contributed to the delay in the applicant’s motion for a DNA test;
added “(ii) the evidence to be tested is newly discovered DNA evidence;
added “(iii) that the applicant’s petition is not based solely upon the applicant’s own assertion of innocence and, after considering all relevant facts and circumstances surrounding the petition, a denial would result in a manifest injustice; or
added “(iv) upon good cause shown.
added “(C) For purposes of this paragraph—
added “(i) the term “incompetence” has the meaning given that term in section 876b of this chapter (article 76b);
added “(ii) the term “manifest” means that which is unmistakable, clear, plain, or indisputable and requires that the opposite conclusion be clearly evident.
added “(b) Appeal of denial—The applicant may appeal the Judge Advocate General’s denial of the petition of DNA testing to the Court of Appeals for the Armed Forces.
added “(c) Evidence inventory; preservation order; appointment of counsel
added “(1) Inventory—The Judge Advocate General shall order the preparation of an inventory of the evidence related to the case for which a petition is made under subsection (a), which shall be provided to the applicant.
added “(2) Preservation order—To the extent necessary to carry out proceedings under this section, the Judge Advocate General shall direct the preservation of the specific evidence relating to a petition under subsection (a).
added “(3) Appointment of counsel—The applicant shall be eligible for representation by appellate defense counsel under section 870 of this chapter (article 70).
added “(d) Testing costs—The costs of any DNA testing ordered under this section shall be paid by the Government.
added “(e) Time limitation in capital cases—In any case in which the applicant is sentenced to death—
added “(1) any DNA testing ordered under this section shall be completed not later than 60 days after the date on which the test is ordered by the Judge Advocate General; and
added “(2) not later than 120 days after the date on which the DNA testing ordered under this section is completed, the Judge Advocate General shall order any post-testing procedures under subsection (f) or (g), as appropriate.
added “(f) Disclosure of test results—Reporting of test results shall be simultaneously disclosed to the Government and the applicant.
added “(g) Post-testing procedures; inconclusive and inculpatory results
added “(1) Inconclusive results—If DNA test results obtained under this section are inconclusive, the Judge Advocate General may order further testing, if appropriate, or may deny the applicant relief.
added “(2) Inculpatory results—If DNA test results obtained under this section show that the applicant was the source of the DNA evidence, the Judge Advocate General shall—
added “(A) deny the applicant relief; and
added “(B) if the DNA test results relate to a State offense, forward the finding to any appropriate State official.
added “(h) Post-testing procedures; motion for new trial or resentencing
added “(1) In general—Notwithstanding any provision of law that would bar a motion under this paragraph as untimely, if DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, the applicant may file a petition for a new trial or resentencing, as appropriate.
added “(2) Standard for granting motion for new trial or resentencing—The applicant’s petition for a new trial or resentencing, as appropriate, shall be granted if the DNA test results, when considered with all other evidence in the case (regardless of whether such evidence was introduced at trial), establish by compelling evidence that a new trial would result in the acquittal of the applicant.
added “(i) Relationship to other laws
added “(1) Post-conviction relief—Nothing in this section shall affect the circumstances under which a person may obtain DNA testing or post-conviction relief under any other provision of law.
added “(2) Habeas corpus—Nothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding.”
added
Clerical amendment— The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 873 (article 73) the following new item:
Sec. 525 Punitive article on violent extremism
added
added
Violent extremism—
added
In general— Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 916 (article 116 of the Uniform Code of Military Justice) the following new section (article):
added “916a. Art. 116a. violent extremism
added “(a) Prohibition—Any person subject to this chapter who—
added “(1) knowingly commits a covered offense against—
added “(A) the Government of the United States; or
added “(B) any person or class of people;
added “(2)
added “(A) with the intent to intimidate or coerce any person or class of people; or
added “(B) with the intent to influence, affect, or retaliate against the policy or conduct of the Government of the United States or any State; and
added “(3) does so—
added “(A) to achieve political, ideological, religious, social, or economic goals; or
added “(B) in the case of an act against a person or class of people, for reasons relating to the race, religion, color, ethnicity, sex, age, disability status, national origin, sexual orientation, or gender identity of the person or class of people concerned;
added “(b) Attempts, solicitation, and conspiracy—Any person who attempts, solicits, or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.
added “(c) Definitions—In this section:
added “(1) Covered offense—The term “covered offense” means—
added “(A) loss, damage, destruction, or wrongful disposition of military property of the United States, in violation of section 908 of this title (article 108);
added “(B) waste, spoilage, or destruction of property other than military property of the United States, in violation of section 909 of this title (article 109);
added “(C) communicating threats, in violation of section 915 of this title (article 115);
added “(D) riot or breach of peace, in violation of section 916 of this title (article 116);
added “(E) provoking speech or gestures, in violation of section 917 of this title (article 117);
added “(F) murder, in violation of section 918 of this title (article 118);
added “(G) manslaughter, in violation of section 919 of this title (article 119);
added “(H) larceny or wrongful appropriation, in violation of section 921 of this title (article 121);
added “(I) robbery, in violation of section 922 of this title (article 122);
added “(J) kidnapping, in violation of section 925 of this title (article 125);
added “(K) assault, in violation of section 928 of this title (article 128);
added “(L) conspiracy to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 881 of this title (article 81);
added “(M) solicitation to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 882 of this title (article 82); or
added “(N) an attempt to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 880 of this title (article 80).
added “(2) State—The term “State” includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other possession or territory of the United States.”
added
Clerical amendment— The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 916 (article 116) the following new item:
added
Effective date— The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to offenses committed on or after such date.
Sec. 526 Clarifications of procedure in investigations of personnel actions taken against members of the Armed Forces in retaliation for protected communications
added
added
In general— Subparagraphs (D) and (E) of paragraph (4) of section 1034(c) of title 10, United States Code, are amended to read as follows:
added “(D)
added “(i) Upon determining that an investigation of an allegation under paragraph (1) is warranted, the Inspector General making the determination shall expeditiously investigate the allegation to determine whether the protected communication or activity under subsection (b) was a contributing factor in the personnel action prohibited under subsection (b) that was taken or withheld (or threatened to be taken or withheld) against a member of the armed forces.
added “(ii) In the case of a determination made by the Inspector General of the Department of Defense, that Inspector General may delegate responsibility for the investigation to an appropriate Inspector General of a military department.
added “(iii) The member alleging the prohibited personnel action may use circumstantial evidence to demonstrate that the protected communication or activity under subsection (b) was a contributing factor in the personnel action prohibited under subsection (b). Such circumstantial evidence may include that the person taking such prohibited personnel action knew of the protected communication or activity, and that the prohibited personnel action occurred within a period of time such that a reasonable person could conclude that the communication or protected activity was a contributing factor in the personnel action.
added “(iv) If the Inspector General determines it likelier than not that the member made a communication or participated in an activity protected under subsection (b) that was a contributing factor in a personnel action described in such subsection, the Inspector General shall presume such personnel action to be prohibited under such subsection unless the Inspector General determines there is clear and convincing evidence that the same personnel action would have occurred in the absence of such protected communication or activity.
added “(E) If the Inspector General preliminarily determines in an investigation under subparagraph (D) that a personnel action prohibited under subsection (b) has occurred and that such personnel action shall result in an immediate hardship to the member alleging the personnel action, the Inspector General shall promptly notify the Secretary of the military department concerned or the Secretary of Homeland Security, as applicable, of the hardship, and such Secretary shall take such action as such Secretary determines appropriate.”
added
Technical amendments— Such paragraph is further amended in subparagraphs (A) and (B) by striking “subsection (h)” both places it appears and inserting “subsection (i)”.
Sec. 527 Activities to improve family violence prevention and response
added
added
Delegation of authority to authorize exceptional eligibility for certain benefits— Paragraph (4) of section 1059(m) of title 10, United States Code, is amended to read as follows:
added “(4)
added “(A) Except as provided in subparagraph (B), the authority of the Secretary concerned under paragraph (1) may not be delegated.
added “(B) During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph (1) may be delegated to an official at the Assistant Secretary-level or above. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.”
added
Extension of requirement for annual Family Advocacy Program report regarding child abuse and domestic violence— Section 574(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141) is amended by striking “April 30, 2021” and inserting “April 30, 2026”.
added
Implementation of Comptroller General recommendations—
added
In general— Consistent with the recommendations set forth in the report of the Comptroller General of the United States titled “Domestic Abuse: Actions Needed to Enhance DOD’s Prevention, Response, and Oversight” (GAO–21–289), the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out the activities specified in subparagraphs (A) through (K).
added
Domestic abuse data— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out each of the following:
added
Issue guidance to the Secretaries of the military departments to clarify and standardize the process for collecting and reporting data on domestic abuse in the Armed Forces, including—
added
data on the numbers and types of domestic abuse and domestic violence incidents involving members of the Armed Forces;
added
the information required to be reported to the database on domestic violence incidents under section 1562 of title 10, United States Code; and
added
data for inclusion in the reports regarding child abuse and domestic violence required to be submitted under section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141).
added
Develop a quality control process to ensure the accurate and complete reporting of data on allegations of abuse involving a member of the Armed Forces, including allegations of abuse that do not meet the Department of Defense definition of domestic abuse.
added
Expand the scope of any reporting to Congress that includes data on domestic abuse in the Armed Forces to include data on and analysis of the types of allegations of domestic abuse.
added
Domestic violence and command action data— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall—
added
evaluate the organizations and elements of the Department of Defense that are responsible for tracking domestic violence incidents and the command actions taken in response to such incidents to determine if there are actions that may be carried out to—
added
eliminate gaps and redundancies in the activities of such organizations;
added
ensure consistency in the approaches of such organizations to the tracking of such incidents and actions; and
added
otherwise improve the tracking of such incidents and actions across the Department; and
added
based on the evaluation under clause (i), clarify or adjust—
added
the duties of such organizations and elements; and
added
the manner in which such organizations and elements coordinate their activities.
added
Regulations for violation of civilian orders of protection— The Secretary of Defense shall revise or issue regulations (as applicable) to ensure that each Secretary of a military department provides, to any member of the Armed Forces under the jurisdiction of such Secretary who is subject to a civilian order of protection, notice that the violation of such order may be punishable under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).
added
Agreements with civilian victim service organizations—
added
Guidance required— The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance pursuant to which personnel of a Family Advocacy Program at a military installation may enter into memoranda of understanding with qualified civilian victim service organizations for purposes of providing services to victims of domestic abuse in accordance with clause (ii).
added
Contents of agreement— A memorandum of understanding entered into under clause (i) shall provide that personnel of a Family Advocacy Program at a military installation may refer a victim of domestic abuse to a qualified civilian victim service organization if such personnel determine that—
added
the services offered at the installation are insufficient to meet the victim’s needs; or
added
such a referral would otherwise benefit the victim.
added
Screening and reporting of initial allegations— The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a standardized process—
added
to ensure consistency in the manner in which allegations of domestic abuse are screened and documented at military installations, including by ensuring that allegations of domestic abuse are documented regardless of the severity of the incident;
added
that uses a risk-based approach to consistently identify, from among such allegations of domestic abuse, the allegations that should be presented to an Incident Determination Committee; and
added
to ensure consistency in the form and manner in which such allegations are presented to Incident Determination Committees.
added
Implementation and oversight of Incident Determination Committees—
added
Implementation— The Secretary of Defense, in consultation with the Secretaries of the military departments, shall ensure that Incident Determination Committees are fully implemented within each Armed Force.
added
Oversight and monitoring— The Secretary of Defense shall—
added
direct the Under Secretary of Defense for Personnel and Readiness to conduct oversight of the activities of the Incident Determination Committees of the Armed Forces on an ongoing basis; and
added
establish a formal process through which the Under Secretary will monitor Incident Determination Committees to ensure that the activities of such Committees are conducted in an consistent manner in accordance with the applicable policies of the Department of Defense and the Armed Forces.
added
Reasonable suspicion standard for incident reporting— Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue regulations—
added
under which the personnel of a Family Advocacy Program shall be required to report an allegation of domestic abuse to an Incident Determination Committee if there is reasonable suspicion that the abuse occurred; and
added
that fully define and establish standardized criteria for determining whether an allegation of abuse meets the reasonable suspicion standard referred to in clause (i).
added
Guidance for victim risk assessment— The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance that—
added
identifies the risk assessment tools that must be used by Family Advocacy Program personnel to assess reports of domestic abuse; and
added
establishes minimum qualifications for the personnel responsible for using such tools.
added
Improving Family Advocacy Program awareness campaigns— The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement—
added
a communications strategy to support the Armed Forces in increasing awareness of the options and resources available for reporting incidents of domestic abuse; and
added
metrics to evaluate the effectiveness of domestic abuse awareness campaigns within the Department of Defense and the Armed Forces, including by identifying a target audience and defining measurable objectives for such campaigns.
added
Assessment of the disposition model for domestic violence— As part of the independent analysis required by section 549C of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) the Secretary of Defense shall include an assessment of—
added
the risks and consequences of the disposition model for domestic violence in effect as of the date of the enactment of this Act, including the risks and consequences of such model with respect to—
added
the eligibility of victims for transitional compensation and other benefits; and
added
the eligibility of perpetrators of domestic violence to possess firearms and any related effects on the military service of such individuals; and
added
the feasibility and advisability establishing alternative disposition models for domestic violence, including an assessment of the advantages and disadvantages of each proposed model.
added
Family Advocacy Program training—
added
Training for commanders and senior enlisted advisors— The Secretary of Defense, in consultation with the Secretaries of the military departments, shall—
added
ensure that the Family Advocacy Program training provided to installation-level commanders and senior enlisted advisors of the Armed Forces meets the applicable requirements of the Department of Defense; and
added
shall provide such additional guidance and sample training materials as may be necessary to improve the consistency of such training.
added
Training for chaplains— The Secretary of Defense shall—
added
require that chaplains of the Armed Forces receive Family Advocacy Program training;
added
establish content requirements and learning objectives for such training; and
added
provide such additional guidance and sample training materials as may be necessary to effectively implement such training.
added
Training completion data— The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a process to ensure the quality and completeness of data indicating whether members of the Armed Forces who are required to complete Family Advocacy Program training, including installation-level commanders and senior enlisted advisors, have completed such training.
added
General implementation date— Except as otherwise provided in paragraph (1), the Secretary of Defense shall complete the implementation of the activities specified in such paragraph by not later than one year after the date of the enactment of this Act.
added
Quarterly status report— Not later than 90 days after the date of the enactment of this Act and on a quarterly basis thereafter until the date on which all of the activities specified in paragraph (1) have been implemented, the Secretary of Defense shall submit to the appropriate congressional committees a report on the status of the implementation of such activities.
added
Improving awareness regarding family advocacy programs and other similar services—
added
Pilot program on information for families enrolling in DEERS— The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of various mechanisms to inform military families about the Family Advocacy Programs and resiliency training of the Armed Forces during their enrollment in the Defense Enrollment Eligibility Reporting System. The matters assessed by the pilot program shall include the following:
added
An option for training members of military families on the Family Advocacy Programs.
added
Mechanisms for providing such family members with information on—
added
the resources available through the Family Advocacy Programs of the Armed Forces;
added
the Military OneSource program of the Department of Defense;
added
resources relating to domestic abuse and child abuse and neglect that are available through local community service organizations; and
added
the availability of the Military and Family Life Counseling Program.
added
Steps that may be taken to better inform such family members of the option to make a restricted report or an unrestricted report to a Family Advocacy Program, including information on the difference between such reports.
added
Information on services for military families— Each Secretary of a military department shall ensure that a military family member who reports an incident of domestic abuse or child abuse and neglect to a Family Advocacy Program under the jurisdiction of such Secretary receives comprehensive information, in a clear and easily understandable format, on the services available to such family member in connection with such incident. Such information shall include a complete guide to the following:
added
The Family Advocacy Program of the Armed Force or military department concerned.
added
Military law enforcement services, including an explanation of the process that follows a report of an incident of domestic abuse or child abuse or neglect.
added
Other applicable victim services.
added
Reports on staffing levels for family advocacy programs—
added
In general— Not later than 180 days after the date on which the staffing tool described in paragraph (2) becomes operational, and on an annual basis thereafter for the following five years, the Secretary of Defense shall submit to the appropriate congressional committees a report setting forth the following:
added
Military, civilian, and contract support staffing levels for the Family Advocacy Programs of the Armed Forces at each military installation so staffed as of the date of the report.
added
Recommendations for ideal staffing levels for the Family Advocacy Programs, as identified by the staffing tool.
added
Staffing tool described— The staffing tool described in this paragraph is a tool that—
added
is under development as of the date of the enactment of this Act pursuant to an agreement between the Department of Defense and Pennsylvania State University; and
added
will be used to assist the Department in determining adequate staffing levels for Family Advocacy Programs.
added
Comptroller General review—
added
In general— Following the submission of the first annual report required under paragraph (1), the Comptroller General of the United States shall conduct a review of the staffing of the Family Advocacy Programs of the Armed Forces.
added
Elements— The review conducted under subparagraph (A) shall include an assessment of each of the following:
added
The extent to which the Armed Forces have filled authorized billets for Family Advocacy program manager, clinician, and victim advocate positions.
added
The extent to which the Armed Forces have experienced challenges filling authorized Family Advocacy Program positions, and how such challenges, if any, have affected the provision of services.
added
The extent to which the Department of Defense and Armed Forces have ensured that Family Advocacy Program clinicians and victim advocates meet qualification and training requirements.
added
The extent to which the Department of Defense has established metrics to evaluate the effectiveness of the staffing tool described in paragraph (2).
added
Briefing and report—
added
Briefing— Not later than one year following the submission of the first annual report required under paragraph (1), the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the preliminary observations made by the Comptroller General as part of the review required under subparagraph (A).
added
Report— Not later than 90 days after the date of the briefing under clause (i), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under subparagraph (A).
added
Study and report on initial entry points—
added
Study— The Secretary of Defense shall conduct a study to identify initial entry points (including anonymous entry points) through which military family members may seek information or support relating to domestic abuse or child abuse and neglect. Such study shall include an assessment of—
added
points at which military families interact with the Armed Forces or the Department of Defense through which such information or support may be provided to family members, including points such as enrollment in the Defense Enrollment Eligibility Reporting System, and the issuance of identification cards; and
added
other existing and potential routes through which such family members may seek information or support from the Armed Forces or the Department, including online chat rooms, text-based support capabilities, and software applications for smartphones.
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of the study conducted under paragraph (1).
added
Inspector General report— Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the Secretary of Defense and to the Committees on Armed Services of the Senate and the House of Representatives a report that—
added
evaluates the progress of the Secretary of Defense in carrying out this section; and
added
identifies any actions the Secretary is taking improve the practices of military installations with respect to the prevention and response to domestic abuse and child abuse and neglect among military families.
added
Definitions— In this section:
added
The term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and
added
the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.
added
The term “civilian order of protection” has the meaning given that term in section 1561a of title 10, United States Code.
added
The term “disposition model for domestic violence” means the process to determine—
added
the disposition of charges of an offense of domestic violence under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice); and
added
consequences of such disposition for members of the Armed Forces determined to have committed such offense and the victims of such offense.
added
The term “Incident Determination Committee” means a committee established at a military installation that is responsible for reviewing reported incidents of domestic abuse and determining whether such incidents constitute harm to the victims of such abuse according to the applicable criteria of the Department of Defense.
added
The term “qualified civilian victim service organization” means an organization outside the Department of Defense that—
added
is approved by the Secretary of Defense for the purpose of providing legal or other services to victims of domestic abuse; and
added
is located in a community surrounding a military installation.
added
The term “risk assessment tool” means a process or technology that may be used to evaluate a report of an incident of domestic abuse to determine the likelihood that the abuse will escalate or recur.
Sec. 528 Mandatory notification of members of the Armed Forces identified in certain records of criminal investigations
added
added
In general— Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section:
added “1567b. Mandatory notification of members of the armed forces and reserve components identified in certain records of criminal investigations
added “(a) Notification of inclusion MCIO records—As soon as practicable after the conclusion of a criminal investigation by a military criminal investigative organization, the head of such organization shall provide, to any member or former member of the armed forces and reserve components who is designated in the records of the organization as a subject of such investigation, written notice of such designation.
added “(b) Initial notification of previous inclusion in MCIO records—Not later than 180 days after the date of the enactment of this section, the head of each military criminal investigative organization shall provide, to any member or former member of the armed forces and reserve components who is designated in the records of the organization as a subject of a criminal investigation that is closed as of such date, written notice of such designation.
added “(c) Contents of notice—Each notice provided under subsection (a) and (b) shall include the following information—
added “(1) The date on which the member was designated as a subject of a criminal investigation in the records of the military criminal investigative organization.
added “(2) Identification of each crime for which the member was investigated, including a citation to each provision of chapter 47 of this title (the Uniform Code of Military Justice) that the member was suspected of violating, if applicable.
added “(3) Instructions on how the member may seek removal of the record in accordance with subsection (d).
added “(d) Removal of record—The Secretary of Defense shall—
added “(1) establish a process through which a member of the armed forces and reserve components who receives a notice under subsection (a) or (b) may request the removal of the record that is the subject of such notice; and
added “(2) issue uniform guidance, applicable to all military criminal investigative organizations, specifying the conditions under which such a record may be removed.
added “(e) Military criminal investigative organization defined—In this section, the term “military criminal investigative organization” means any organization or element of the Department of Defense or an armed force that is responsible for conducting criminal investigations, including—
added “(1) the Army Criminal Investigation Command;
added “(2) the Naval Criminal Investigative Service;
added “(3) the Air Force Office of Special Investigations;
added “(4) the Coast Guard Investigative Service; and
added “(5) the Defense Criminal Investigative Service.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
Sec. 529 Authority of military judges and military magistrates to issue military court protective orders
added
added
Judge-issued military court protective orders— Chapter 80 of title 10, United Stated Code, is amended by adding at the end the following new section:
added “1567b. Authority of military judges and military magistrates to issue military court protective orders
added “(a) Authority to issue military court protective orders—The President shall prescribe regulations authorizing military judges and military magistrates to issue protective orders in accordance with this section. A protective order issued in accordance with this section shall be known as a “military court protective order”. Under the regulations prescribed by the President, military judges and military magistrates shall have exclusive jurisdiction over the issuance, appeal, renewal, and termination of military court protective orders and such orders may not be issued, appealed, renewed, or terminated by State, local, territorial, or tribal courts.
added “(b) Enforcement by civilian authorities
added “(1) In general—In prescribing regulations for military court protective orders, the President shall seek to ensure that the protective orders are issued in a form and manner that is enforceable by State, local, territorial, and tribal civilian law enforcement authorities.
added “(2) Full faith and credit—Any military court protective order shall be accorded full faith and credit by the court of a State, local, territorial, or tribal jurisdiction (the enforcing jurisdiction) and enforced by the court and law enforcement personnel of that jurisdiction as if it were the order of the enforcing jurisdiction.
added “(3) Reciprocity agreements—Consistent with paragraphs (1) and (2), the Secretary of Defense shall seek to enter into reciprocity agreements with State, local, territorial, and tribal civilian law enforcement authorities under which—
added “(A) such authorities agree to enforce military court protective orders; and
added “(B) the Secretary agrees to enforce protective orders issued by such authorities that are consistent with section 2265(b) of title 18.
added “(c) Purpose and form of issuance—A military court protective order—
added “(1) may be issued for the purpose of protecting a victim of an alleged covered offense, or a family member or associate of the victim, from a person subject to chapter 47 of this title (the Uniform Code of Military Justice) who is alleged to have committed such an offense; and
added “(2) shall include—
added “(A) a finding regarding whether such person represents a credible threat to the physical safety of such alleged victim;
added “(B) a finding regarding whether the alleged victim is an intimate partner or child of such person; and
added “(C) if applicable, terms explicitly prohibiting the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily injury against such intimate partner or child.
added “(d) Burden of proof—In determining whether to issue a military court protective order, a military judge or military magistrate shall make all relevant findings by a preponderance of the evidence. The burden shall be on the party requesting the order to produce sufficient information to satisfy the preponderance of the evidence standard referred to in the preceding sentence.
added “(e) Timing and manner of issuance—A military court protective order may be issued—
added “(1) by a military magistrate, before referral of charges and specifications to court-martial for trial, at the request of—
added “(A) a victim of an alleged covered offense; or
added “(B) a Special Victims’ Counsel or other qualified counsel acting on behalf of the victim; or
added “(2) by a military judge, after referral of charges and specifications to court-martial for trial, at the request of qualified counsel, which may include a Special Victims’ Counsel acting on behalf of the victim or trial counsel acting on behalf of the prosecution.
added “(f) Duration and renewal of protective order
added “(1) Duration—A military court protective order shall be issued for an initial period of up to 180 days and may be reissued for one or more additional periods, each of which may be up to 180 days, in accordance with paragraph (2).
added “(2) Expiration and renewal—Before the expiration of any period during which a military court protective order is in effect, a military judge or military magistrate shall review the order to determine whether the order will terminate at the expiration of such period or be reissued for an additional period of up to 180 days.
added “(3) Notice to protected persons—If a military judge or military magistrate determines under paragraph (2) that a military court protective order will terminate, the judge or magistrate concerned shall direct that each person protected by the order be provided with reasonable, timely, and accurate notification of the termination.
added “(g) Review of magistrate-issued orders
added “(1) Review—A military judge, at the request of the person subject to a military court protective order that was issued by a military magistrate, may review the order to determine if the order was properly issued by the magistrate.
added “(2) Standards of review—A military judge who reviews an order under paragraph (1) shall terminate the order if the judge determines that—
added “(A) the military magistrate’s decision to issue the order was an abuse of discretion, and there is not sufficient information presented to the military judge to justify the order; or
added “(B) information not presented to the military magistrate establishes that the military court protective order should be terminated.
added “(h) Due process
added “(1) Protection of due process—Except as provided in paragraph (2), a protective order authorized under subsection (a) may be issued only after reasonable notice and opportunity to be heard and to present evidence, directly or through counsel, is given to the person against whom the order is sought sufficient to protect that person's right to due process.
added “(2) Emergency orders—A protective order on an emergency basis may be issued on an ex parte basis under such rules and limitations as the President shall prescribe. In the case of ex parte orders, notice and opportunity to be heard and to present evidence must be provided within a reasonable time not to exceed 30 calendar days after the date on which the order is issued, sufficient to protect the respondent's due process rights.
added “(i) Rights of victim—The victim of an alleged covered offense who seeks a military court protective order has, in addition to any rights provided under section 806b (article 6b), the following rights with respect to any proceeding involving the protective order:
added “(1) The right to reasonable, accurate, and timely notice of the proceeding and of any change in the status of the protective order resulting from the proceeding.
added “(2) The right to be reasonably heard at the proceeding.
added “(3) The right to appear in person, with or without counsel, at the proceeding.
added “(4) The right be represented by qualified counsel in connection with the proceeding, which may include a Special Victims’ Counsel.
added “(5) The reasonable right to confer with a representative of the command of the accused and counsel representing the government at the proceeding, as applicable.
added “(6) The right to submit a written statement, directly or through counsel, for consideration by the military judge or military magistrate presiding over the proceeding.
added “(j) Restrictions on access to firearms
added “(1) In general—Notwithstanding any other provision of law—
added “(A) a military court protective order issued on an ex parte basis shall restrain a person from possessing, receiving, or otherwise accessing a firearm; and
added “(B) a military court protective order issued after the person to be subject to the order has received notice and opportunity to be heard on the order, shall restrain such person from possessing, receiving, or otherwise accessing a firearm in accordance with section 922 of title 18.
added “(2) Notice to Attorneys General
added “(A) Notice of issuance—Not later than 72 hours after the issuance of an order described in paragraph (1), the Secretary concerned shall submit a record of the order—
added “(i) to the Attorney General of the United States; and
added “(ii) to the Attorney General of the State or Territory in which the order is issued.
added “(B) Notice of recission or expiration—Not later than 72 hours after the recission or expiration of an order described in paragraph (1), the Secretary concerned shall submit notice of such recission or expiration to the Attorneys General specified in subparagraph (A).
added “(k) Treatment as lawful order—A military court protective order shall be treated as a lawful order for purposes of the application of section 892 (article 92) and a violation of such an order shall be punishable under such section (article).
added “(l) Command matters
added “(1) Inclusion in personnel file—Any military court protective order against a member shall be placed and retained in the military personnel file of the member, except that such protective order shall be removed from the military personnel file of the member if the member is acquitted of the offense to which the order pertains, it is determined that the member did not commit the act giving rise to the protective order, or it is determined that the protective order was issued in error.
added “(2) Notice to civilian law enforcement of issuance—Any military court protective order against a member shall be treated as a military protective order for purposes of section 1567a including for purposes of mandatory notification of issuance to Federal and State civilian law enforcement agencies as required by that section.
added “(m) Relationship to other authorities—Nothing in this section may be construed as prohibiting—
added “(1) a commanding officer from issuing or enforcing any otherwise lawful order in the nature of a protective order to or against members of the officer’s command;
added “(2) pretrial restraint in accordance with Rule for Courts-Martial 304 (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule); or
added “(3) pretrial confinement in accordance with Rule for Courts-Martial 305 (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule).
added “(n) Delivery to certain persons—A physical and electronic copy of any military court protective order shall be provided, as soon as practicable after issuance, to the following:
added “(1) The person or persons protected by the protective order or to the guardian of such a person if such person is under the age of 18 years.
added “(2) The person subject to the protective order.
added “(3) To such commanding officer in the chain of command of the person subject to the protective order as the President shall prescribe for purposes of this section.
added “(o) Definitions—In this section:
added “(1) Contact—The term “contact” includes contact in person or through a third party, or through gifts,
added “(2) Communication—The term “communication” includes communication in person or through a third party, and by telephone or in writing by letter, data fax, or other electronic means.
added “(3) Covered offense—The term “covered offense” means the following:
added “(A) An alleged offense under section 920, 920a, 920b, 920c, or 920d of this title (article 120, 120a, 120b, 120c, or 120d of the Uniform Code of Military Justice).
added “(B) An alleged offense of stalking under section 930 of this title (article 130 of the Uniform Code of Military Justice).
added “(C) An alleged offense of domestic violence under section 928b of this title (article 128b of the Uniform Code of Military Justice).
added “(D) A conspiracy to commit an offense specified in subparagraphs (A) through (C) as punishable under section 881 of this title (article 81 of the Uniform Code of Military Justice).
added “(E) A solicitation to commit an offense specified in subparagraphs (A) through (C) as punishable under section 882 of this title (article 82 of the Uniform Code of Military Justice).
added “(F) An attempt to commit an offense specified in subparagraphs (A) through (C) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).
added “(4) Military judge and military magistrate—The terms “military judge” and “military magistrate” mean a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and who is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military judge or magistrate by the Judge Advocate General of the armed force of which the officer is a member.
added “(5) Protective order—The term “protective order” means an order that—
added “(A) restrains a person from harassing, stalking, threatening, or otherwise contacting or communicating with a victim of an alleged covered offense, or a family member or associate of the victim, or engaging in other conduct that would place such other person in reasonable fear of bodily injury to any such other person;
added “(B) by its terms, explicitly prohibits—
added “(i) the use, attempted use, or threatened use of physical force by the person against a victim of an alleged covered offense, or a family member or associate of the victim, that would reasonably be expected to cause bodily injury;
added “(ii) the initiation by the person restrained of any contact or communication with such other person;
added “(iii) any other behavior by the person restrained that the court deems necessary to provide for the safety and welfare of the victim of an alleged covered offense, or a family member or associate of the victim; or
added “(iv) actions described by any of clauses (i) through (iii).
added “(6) Special Victims’ Counsel—The term “Special Victims Counsel” means a Special Victims’ Counsel described in section 1044e and includes a Victims’ Legal Counsel of the Navy.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
added
Implementation— The President shall prescribe regulations implementing section 1567b of title 10, United States Code (as added by subsection (a)), by not later than one year after the date of the enactment of this Act.
Sec. 529A Countering extremism in the Armed Forces
added
added
In general— Part II of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter:
added “89 Countering Extremism
added “1801. Office of Countering Extremism
added “(a) Establishment
added “(1) There is an Office of Countering Extremism (in this section referred to as the “Office”) within the Office of the Under Secretary of Defense for Personnel and Readiness.
added “(2) The Office shall be headed by the Director of Countering Extremism (in this chapter referred to as the “Director”), who shall be appointed by the Secretary of Defense, in consultation with the Secretary of Homeland Security, and report directly to the Under Secretary of Defense for Personnel and Readiness and the Secretary.
added “(b) Duties—The Director shall—
added “(1) be responsible for policy of countering extremism within the armed forces;
added “(2) in coordination with the Secretaries of the military departments, develop and implement programs, resources, and activities to counter extremism within the armed forces;
added “(3) establish policies to ensure adequate protection, transparency of process, and availability of resources for individuals who report incidents of extremism;
added “(4) facilitate and coordinate with the Secretaries of the military departments, law enforcement organizations, security organizations, and insider threat programs in the armed forces;
added “(5) engage and interact with, and solicit recommendations from, outside experts on extremism;
added “(6) coordinate with—
added “(A) the Under Secretary for Defense for Intelligence and Security; and
added “(B) the Deputy Inspector General of the Department of Defense for Diversity and Inclusion and Supremacist, Extremism and Criminal Gang Activity; and
added “(7) perform any additional duties prescribed by the Secretary of Defense, in consultation with the Secretary of Homeland Security.
added “1802. Training and education
added “(a) In general—The Secretary of each military department, in coordination with the Director, shall develop and implement training and education programs and related materials to assist members of the armed forces and civilian employees of the armed forces in identifying, preventing, responding to, reporting, and mitigating the risk of extremism.
added “(b) Extremist insider threat training
added “(1) The training and education programs and materials described in subsection (a) shall include information on the following:
added “(A) What constitutes an extremist insider threat.
added “(B) Risks posed by extremist insider threats.
added “(C) How to identify extremist insider threats.
added “(D) How to recognize when an individual is being influenced by extremism or targeted for recruitment by extremist groups.
added “(E) Information about procedures on when and how to report detected extremist insider threats.
added “(F) Resources for reporting outside the chain of command.
added “(G) Media literacy training.
added “(H) Whistleblower protections.
added “(I) Such other information as may be required by the Secretary of Defense, in consultation with the Secretary of Homeland Security.
added “(2) The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall provide the training and education described in subsection (a) as part of each of the following:
added “(A) Initial entry training for members of the armed forces.
added “(B) Curricula of—
added “(i) the United States Army Training and Doctrine Command;
added “(ii) the Naval Education and Training Command;
added “(iii) the Air Education and Training Command;
added “(iv) all pre-commissioning programs of the Department of Defense;
added “(v) the military service academies;
added “(vi) the Coast Guard Education and Training Quota Management Command;
added “(vii) the Coast Guard Academy; and
added “(viii) all pre-commissioning programs of the Coast Guard.
added “(C) Certification courses required for members or officers to be considered for promotion to any grade above E–5, WO–5 (WO-3, in the case of the Coast Guard), or O–5. Such members and officers shall also receive training regarding—
added “(i) how to identify emerging extremist insider threat behaviors in a unit; and
added “(ii) procedures on when and how to respond when a subordinate reports a suspected extremist insider threat.
added “(3) The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall include the information described in paragraph (1) in brochures, posters, print and online publications, or other educational materials of the armed forces.
added “(c) Recruiter training—The Secretary of each military department, in coordination with the Director, shall coordinate with the recruiting activities and organization of the armed forces to develop and carry out a training program for recruiters on how to—
added “(1) identify indicators of extremism in potential recruits;
added “(2) identify members of extremist organizations in potential recruits; and
added “(3) screen potential recruits for extremist ties to ensure potential recruits comply with enlistment, accession, or commissioning requirements.
added “1803. Data collection and analysis
added “(a) In general—The Director shall—
added “(1) establish and maintain a database on extremist activities in the armed forces; and
added “(2) ensure the data collected across the military departments is uniform to the maximum extent practicable.
added “(b) Records—The database established in subsection (a) shall include records on—
added “(1) each incident, complaint, or allegation of extremism by a member or civilian employee of the armed forces, including—
added “(A) the extremist behavior related to the incident, complaint, or allegation;
added “(B) the rank, race, gender, and ethnicity of the individuals involved in the incident, complaint, or allegation;
added “(C) each Federal agency involved in investigating the incident, complaint, or allegation;
added “(D) any investigation of the incident, complain, or allegation;
added “(E) any action taken by a commander or supervisor in response to the incident, complaint, or allegation;
added “(F) any adverse administrative personnel action or punitive action related to the incident, complaint, or allegation, including details of the type of action initiated and the final disposition of such action;
added “(G) descriptions of an ideology, movement, or extremist group associated with the incident, complaint, or allegation; and
added “(H) records submitted or collected regarding administrative or punitive action referred to in subsection (F).
added “(2) each notification from the Federal Bureau of Investigation to the Secretary of Defense, the Secretary of Homeland Security, or a law enforcement agency (if in the possession of either such Secretary), of investigations related to extremism of current and former members of the armed forces, unless such reporting would jeopardize public safety or compromise an ongoing law enforcement investigation;
added “(3) responses related to questions about extremism on surveys, questionnaires, command climate surveys, transition checklists, exit surveys, and other information gathering sources;
added “(4) each involuntary separation or denial of enlistment or commissioning on the basis of extremism;
added “(5) each security clearance revoked on the basis of extremism; and
added “(6) any other requirements prescribed by the Secretary of Defense, in consultation with the Secretary of Homeland Security.
added “(c) Coordination—Each Secretary of a military department shall collect records described in subsection (b) and provide them to the Director.
added “1804. Reporting requirements
added “(a) Annual report—Not later than December 1 of each year, the Director shall submit to Congress a report on the prevalence of extremist activities within the armed forces that includes the number of individuals—
added “(1) determined ineligible to serve in the Armed Forces during the preceding fiscal year by reason of engagement in extremist activities;
added “(2) separated from the Armed Forces during the preceding fiscal year by reason of engagement in extremist activities;
added “(3) determined ineligible to reenlist in the armed forces during the preceding fiscal year by reason of engagement in extremist activities;
added “(4) whose security clearances were revoked during the preceding fiscal year by reason of engagement in extremist activities;
added “(5) statistics of incidents, complaints, and allegations recorded under section 1803(b)—
added “(A) disaggregated data by armed force, race, gender, ethnicity, grade, and rank; and
added “(B) with any personally identifiable information redacted;
added “(6) regulations prescribed to counter extremism in the armed forces; and
added “(7) any recommendations to Congress for related legislative actions to address extremism within the armed forces.
added “(b) Publication—The Secretary of Defense shall—
added “(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (a); and
added “(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.
added “1805. Definitions
added “In this chapter:
added “(1) The terms extremist activities and “extremist organization” have the meanings prescribed by the Secretary of Defense.
added “(2) The term extremist insider threat means a member or civilian employee of the armed forces with access to Government information, systems, or facilities, who—
added “(A) can use such access to do harm to the security of the United States; and
added “(B) exhibits extremist behaviors.”
added
Technical amendment— The table of chapters for part II of subtitle A of such title 10 is amended by inserting, after the item relating to chapter 88, the following new item:
added
Regulations— The Secretary of Defense shall prescribe regulations under chapter 89 of such title (including definitions under section 1805 of such title), as added by subsection (a), not later than 60 days after the date of the enactment of this Act.
added
Progress report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the status of the implementation of chapter 89 of such title, as added by subsection (a).
added
Prohibition on extremist activities—
added
Prohibition— Chapter 39 of title 10, United States Code, is amended by inserting after section 985 the following new section:
added “986. Prohibition on extremist activities
added “(a) Prohibition—An individual who engages in extremist activities or is a member of an extremist organization may not serve as a member of the armed forces.
added “(b) Regulations—The Secretary of Defense shall prescribe regulations regarding the separation of a member of the armed forces who engages in extremist activities or is a member of an extremist organization.
added “(c) Definitions—In this section, the terms “extremist activities” and “extremist organization” have the meanings given such terms in section 1805 of this title.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 985 the following new item:
added
Provision of information regarding extremist groups in Transition Assistance Program— Section 1142(b) of title 10, United States Code, is amended by adding at the end the following new paragraph (20):
added “(20) Information about efforts of extremist groups to recruit former members of the armed forces, including how a member may report such efforts to the Secretary concerned.”
added
Authority to utilize online extremist content as cause for separation from an Armed Force— Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section:
added “130l. Authority to utilize online extremist content as cause for separation from an armed force
added “The Secretary concerned may use content knowingly shared, disseminated, or otherwise made available online (including on social media platforms and accounts) by an individual who serves in an armed force that expresses support for extremist activities (as that term is defined in section 1804 of this title) as cause for involuntary separation from an armed force.”
added
Coordination of Director of Countering Extremism with Deputy Inspector General regarding supremacist, extremist, or criminal gang activity in the Armed Forces— Section 554(a)(3) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by adding at the end the following new subparagraph:
added “(E) The Director of Countering Extremism.”
added
Effective date— The amendments made by this section shall take effect on the day that the Secretary of Defense prescribes regulations under subsection (c).
Sec. 529B Reform and improvement of military criminal investigative organizations
added
added
Evaluation and plan for reform— Not later than one year after the date of the enactment of this Act, each Secretary concerned shall—
added
complete an evaluation of the effectiveness of the military criminal investigative organizations under the jurisdiction of such Secretary: and
added
submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives a report that includes—
added
the results of the evaluation conducted under paragraph (1); and
added
based on such results, a proposal for reforming such military criminal investigative organizations to ensure that the organizations effectively meet the demand for complex investigations and other emerging mission requirements.
added
Implementation plan—
added
In general— Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a plan to implement the reforms to military criminal investigative organizations proposed by the Secretaries concerned under subsection (a) to ensure each such organization is capable of professionally investigating criminal misconduct under its jurisdiction.
added
Elements— The plan under paragraph (1) shall include the following:
added
The requirements that military criminal investigative organizations must meet to effectively carry out criminal investigative and other law enforcement missions in 2022 and subsequent years.
added
The resources that will be needed to ensure that each military criminal investigative organization can achieve its mission.
added
An analysis of factors affecting the performance of military criminal investigate organizations, including—
added
whether appropriate technological investigative tools are available and accessible to such organizations; and
added
whether the functions of such organizations would be better supported by civilian rather than military leadership.
added
For each military criminal investigative organization—
added
the number of military personnel assigned to such organization;
added
the number of civilian personnel assigned to such organization; and
added
the functions of such military and civilian personnel.
added
A description of any plans of the Secretary to develop a more professional workforce of military and civilian investigators.
added
A proposed timeline for the reform of the military investigative organizations.
added
An explanation of the potential benefits of such reforms, including a description of—
added
specific improvements that are expected to result from the reforms; and
added
whether the reforms will improve information sharing across military criminal investigative organizations.
added
With respect to the military criminal investigative organizations of the Army, an explanation of how the plan will—
added
address the findings of the report of the Fort Hood Independent Review Committee, dated November 6, 2020; and
added
coordinate with any other internal reform efforts of the Army.
added
Limitation on the changes to training locations— In carrying out this section, the Secretary of Defense may not change the locations at which military criminal investigative training is provided to members of military criminal investigative organizations until—
added
the implementation plan under subsection (b) is submitted to the appropriate congressional committees; and
added
a period of 60 days has elapsed following the date on which the Secretary notifies the congressional defense committees of the Secretary’s intent to move such training to a different location.
added
Definitions— In this section:
added
The term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and
added
the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.
added
The term “military criminal investigative organization” means each organization or element of the Department of Defense or the Armed Forces that is responsible for conducting criminal investigations, including—
added
the Army Criminal Investigation Command;
added
the Naval Criminal Investigative Service;
added
the Air Force Office of Special Investigations;
added
the Coast Guard Investigative Service; and
added
the Defense Criminal Investigative Service.
added
The term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.
Sec. 529C Measures to improve the safety and security of members of the Armed Forces
added
added
Comprehensive review of missing persons reporting— The Secretary of Defense shall instruct the Secretary of each military department to undertake a comprehensive review of the policies and procedures of such military department for reporting members of the Armed Forces absent without leave, on unauthorized absence, or missing.
added
Review of installation-level procedures— The commander of each military installation shall—
added
direct each military installation under its command to review its policies and procedures for carrying out the reporting activities described under subsection (a); and
added
update such installation-level policies and procedures with a view towards force protection, enhanced security for members of the Armed Forces living on base, and prioritizing reporting at the earliest reasonable time to local law enforcement at all levels, and Federal law enforcement field offices with overlapping jurisdiction with that installation, when a member is determined to be missing.
added
Installation-specific reporting protocols—
added
In general— The commander of each military installation shall establish a protocol for sharing information with local and Federal law enforcement agencies about members of the Armed Forces that are absent without leave, on unauthorized absence, or missing. The protocol shall provide, by memorandum of understanding or otherwise, for the commander to notify all local and Federal law enforcement agencies with jurisdiction over the immediate area of the military installation—
added
immediately when the status of a member assigned to such installation has been changed to absent without leave, on unauthorized absence, or missing (including whether the commander determines that such member has a violent intent, based on criteria including whether a firearm is missing from such military installation); and
added
of the status of a member described in subparagraph (A), not less than once per week after notification under such subparagraph, until the commander changes the status of such member.
added
Reporting to military installation command— The commander of each military installation shall submit the protocol established pursuant to paragraph (1) to the relevant military installation command.
added
Report of Chief of National Guard Bureau— Not later than March 1, 2022, the Chief of the National Guard Bureau shall submit to the Committees on Armed Services and on the Judiciary of the Senate and House of Representatives, a report on the feasibility of implementing subsections (a), (b), and (c), with regards to facilities of the National Guard. Such report shall include a proposed timeline for such implementation and recommendations of the Chief.
Sec. 529D Distribution of information on the availability of civilian victim services
added
added
Information distribution— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—
added
require each military legal service provider to provide, to each victim referred to such provider, a list of approved civilian victim service organizations from which the victim may seek legal assistance, legal representation, or other legal services; and
added
direct the Sexual Assault Prevention and Response Office of the Department of Defense to carry out activities to ensure the widespread distribution, throughout the Department, of information on the availability of services from civilian victim service organizations.
added
Approval of organizations— The Secretary of Defense, acting through the Sexual Assault Prevention and Response Office of the Department of Defense, shall establish criteria for the approval of civilian victim service organizations for inclusion on the list described in subsection (a)(1).
added
Definitions— In this section:
added
The term “civilian victim service organization” means an organization outside the Department of Defense that is approved by the Secretary of Defense for the purpose of providing legal assistance, legal representation, or other legal services directly to a victim.
added
The term “military legal service provider” means an individual or organization within the Department of Defense authorized to provide legal assistance, legal representation, or other legal services directly to a victim.
added
The term “victim” means the victim of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).
Sec. 529E Report on mandatory restitution
addedadded Not later than April 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the Department's progress in evaluating the feasibility and advisability of authorizing mandatory restitution as a component of the sentence for a conviction of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).
Sec. 531 Short title
addedadded This subtitle may be cited as the “IRC implementation Act of 2021”.
Sec. 532 Special victim prosecutors
added
added
In general— Subchapter V of chapter 47 of title 10, United States Code, is amended by inserting after section 824 (article 24 of the Uniform Code of Military Justice) the following new section:
added “824a. Art. 24a. Special victim prosecutors
added “(a) Detail of special victim prosecutors and assistant special victim prosecutors—Each Secretary concerned shall detail—
added “(1) one commissioned officer from each armed force under the jurisdiction of such Secretary to serve as the special victim prosecutor of that armed force; and
added “(2) such number of assistant special victim prosecutors as the Secretary considers appropriate to assist such special victim prosecutor.
added “(b) Qualifications
added “(1) Qualifications of special victim prosecutors—A special victim prosecutor shall be a commissioned officer of the armed forces who—
added “(A) is in the grade of O–6 or higher;
added “(B) is a judge advocate;
added “(C) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and
added “(D) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special victim prosecutor.
added “(2) Qualifications of assistant special victim prosecutors—An assistant special victim prosecutor shall be a commissioned officer of the armed forces who—
added “(A) has at least five years of criminal justice experience;
added “(B) is a judge advocate;
added “(C) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and
added “(D) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as an assistant special victim prosecutor.
added “(c) Duties and authorities
added “(1) In general—Special victim prosecutors and assistant special victim prosecutors shall carry out the duties described in this chapter and any other duties prescribed by the Secretary of Defense, in consultation with the Secretary of Homeland Security, by regulation.
added “(2) Clarification of authority of assistant special victim prosecutors—Except as otherwise expressly provided in this chapter, an assistant special victim prosecutor shall have the same authorities granted to a special victim prosecutor under this chapter.
added “(3) Determination of special victim offense; related charges
added “(A) Authority—A special victim prosecutor shall have exclusive authority to determine if an offense is a special victim offense and shall, upon completion of a relevant investigation, exercise authority over any such offense in accordance with this chapter.
added “(B) Related offenses—If a special victim prosecutor determines that an offense is a special victim offense, the special victim prosecutor may also exercise authority over any reported offense that the special victim prosecutor determines to be related to the special victim offense and any other reported offense by the person alleged to have committed a special victim offense.
added “(4) Dismissal; preferral; referral; plea bargains—Subject to paragraph (5), with respect to charges and specifications alleging any offense over which a special victim prosecutor exercises authority, a special victim prosecutor shall have exclusive authority to, in accordance with this chapter—
added “(A) make a determination that is binding on the convening authority to prefer or refer the charges and specifications for trial by a special or general court-martial;
added “(B) on behalf of the Government, dismiss the charges and specifications or make a motion to dismiss the charges and specifications;
added “(C) enter into a plea agreement; and
added “(D) determine if an ordered rehearing is impracticable.
added “(5) Deferral to convening authority
added “(A) In general—Except as provided in subparagraph (B), if a special victim prosecutor exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special victim prosecutor, elects not to refer such charges and specifications, a convening authority may exercise any of the authorities of the convening authority under this chapter with respect to such offense.
added “(B) Exception—In exercising authority under with respect to an offense described in subparagraph (A), a convening authority may not refer charges and specifications for a special victim offense for trial by special or general court-martial.
added “(d) Relevant investigation defined—In this section, the term “relevant investigation” means an investigation into an alleged offense under this chapter that is conducted by the Federal Government or a State, local, or Tribal law enforcement organization.”
added
Clerical amendment— The table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 824 (article 24) the following new item:
Sec. 533 Department of Defense policies with respect to special victim prosecutors and establishment of offices of special victim prosecutors within military departments
added
added
In general— Chapter 53 of title 10, United States Code, is amended by inserting after section 1044e the following new section:
added “1044f. Special victim prosecutors: Department of Defense policies; establishment of Offices of Special Victim Prosecutors
added “(a) Policies required—The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish and carry out relating to the activities of special victim prosecutors, including expected milestones for the Secretaries to fully implement such mechanisms and procedures.
added “(b) Military department offices of special victim prosecutors
added “(1) Establishment—Each Secretary of a military department shall establish within the office of such Secretary an Office of Special Victim Prosecutors. The head of each such Office of Special Victim Prosecutors shall be a general or flag officer of the Judge Advocate General’s Corps an armed force under the jurisdiction of such Secretary and shall report directly to the Secretary concerned without intervening authority.
added “(2) Assignment of special victim prosecutors—Notwithstanding section 806 of this title (article 6) each special victim prosecutor and assistant special victim prosecutor detailed by a Judge Advocate General of a military department shall be assigned to an Office of Special Victim Prosecutors established by such Secretary.”
added
Clerical amendment— The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by inserting after the item relating to section 1044e the following new item:
Sec. 534 Definitions of military magistrate, special victim offense, and special victim prosecutor
addedadded Section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), is amended—
added
by inserting after paragraph (10) the following new paragraph:
added “(11) The term “military magistrate” means a commissioned officer certified for duty as a military magistrate in accordance with section 826a of this title (article 26a).”
added
by adding at the end the following new paragraphs:
added “(17) The term “special victim offense” means—
added “(A) an offense under section 917a (article 117a), section 919a (article 119a), section 919b (article 119b), section 920 (article 120), section 925 (article 125), section 920b (article 120b), section 920c (article 120c), section 920d (article 120d), section 928b (article 128b), section 930 (article 130), section 932 (article 132), or section 934 (article 134) (as it relates to child pornography, pandering, and prostitution) of this title;
added “(B) any offense under this chapter in a case in which the victim of the offense was a child who had not attained the age of 18 years as of the date of the offense;
added “(C) a conspiracy to commit an offense specified in subparagraph (A) or (B) as punishable under section 881 of this title (article 81);
added “(D) a solicitation to commit an offense specified in subparagraph (A) or (B) as punishable under section 882 of this title (article 82);
added “(E) an attempt to commit an offense specified in subparagraph (A), (B), (C), or (D) as punishable under section 880 of this title (article 80); or
added “(18) The term “special victim prosecutor” means a judge advocate detailed as the special victim prosecutor of an armed force in accordance with section 824a(a)(1) of this title (article 24a(a)(1)).
added “(19) The term “assistant special victim prosecutor” means a judge advocate detailed as an assistant special victim prosecutor in accordance with section 824a(a)(2) of this title (article 24a(a)(2)).”
Sec. 535 Clarification relating to who may convene courts-martial
added
added
General courts-martial— Section 822(b) of title 10, United States Code (article 22(b) of the Uniform Code of Military Justice), is amended—
added
by striking “If any” and inserting “(1) If any”; and
added
by adding at the end the following new paragraph:
added “(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special victim prosecutor in accordance with this chapter.”
added
Special courts-martial— Section 823(b) of title 10, United States Code (article 23(b) of the Uniform Code of Military Justice), is amended—
added
by striking “If any” and inserting “(1) If any”; and
added
by adding at the end the following new paragraph:
added “(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special victim prosecutor in accordance with this chapter.”
Sec. 536 Detail of trial counsel
addedadded Section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection:
added “(e) For each general and special court-martial for which charges and specifications were referred by a special victim prosecutor—
added “(1) a special victim prosecutor or an assistant special victim prosecutor shall be detailed as trial counsel;
added “(2) a special victim prosecutor may detail a special victim prosecutor or an assistant special victim prosecutor as an assistant trial counsel; and
added “(3) a special victim prosecutor may request that a counsel other than a special victim prosecutor or assistant special victim prosecutor be detailed as an assistant trial counsel.”
Sec. 537 Preliminary hearing
added
added
Detail of hearing officer; waiver— Subsection (a)(1) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended—
added
in subparagraph (A), by striking “hearing officer” and all that follows and inserting “hearing officer detailed in accordance with subparagraph (C).”;
added
in subparagraph (B), by striking “written waiver” and all that follows and inserting the following:
added “(i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and
added “(ii) with respect to charges and specifications over which the special victim prosecutor is exercising authority in accordance with section 824a of this title (article 24a), the special victim prosecutor and the special victim prosecutor determines that a hearing is not required; and”
added
by adding at the end the following new subparagraph:
added “(C)
added “(i) Except as provided in clause (ii), the convening authority shall detail a hearing officer.
added “(ii) If a special victim prosecutor is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special victim prosecutor shall request a military judge or military magistrate to serve as the hearing officer, and a military judge or military magistrate shall be provided, in accordance with regulations prescribed by the President.”
added
Report of preliminary hearing officer— Subsection (c) of such section is amended—
added
in the heading, by inserting “or special victim prosecutor” after “convening authority”; and
added
in the matter preceding paragraph (1) by striking “to the convening authority” and inserting “to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special victim prosecutor, to the special victim prosecutor,”.
Sec. 538 Advice to convening authority before referral for trial
addedadded Section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), is amended—
added
in subsection (a)(1) in the matter preceding subparagraph (A) in the first sentence, by striking “Before referral” and inserting “Subject to subsection (c), before referral”;
added
in subsection (b), by striking “Before referral” and inserting “Subject to subsection (c), before referral”;
added
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
added
by inserting after subsection (b) the following new subsection:
added “(c) Special victim offenses—A referral to a general or special court-martial for trial of charges and specifications over which a special victim prosecutor exercises authority may only be made—
added “(1) by a special victim prosecutor; or
added “(2) by the convening authority in the case of—
added “(A) charges and specifications that do not allege a special victim offense and for which a special victim prosecutor declines to prefer charges; or
added “(B) charges and specifications preferred by a person other than a special victim prosecutor, for which a special victim prosecutor declines to refer charges.”
added
in subsection (e), as redesignated by paragraph (3) of this section, by inserting “or, with respect to charges and specifications over which a special victim prosecutor exercises authority in accordance with section 824a of this title (article 24a), a special victim prosecutor,” after “convening authority”.
Sec. 539 Former jeopardy
addedadded Section 844(c) of title 10, United States Code (article 44(c) of the Uniform Code of Military Justice), is amended by inserting “or the special victim prosecutor” after “the convening authority” each place it appears.
Sec. 539A Plea agreements
added
added
Authority to enter into agreements— Subsection (a) of section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), is amended—
added
in paragraph (1), by striking “At any time” and inserting “Subject to paragraph (3), at any time”; and
added
by adding at the end the following new paragraph:
added “(3) With respect to charges and specifications referred to court-martial by a special victim prosecutor, a plea agreement under this section may only be entered into between a special victim prosecutor and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).”
added
Binding effect— Subsection (d) of such section (article) is amended by inserting after “parties” the following: “(including the convening authority and the special victim prosecutor in the case of a plea agreement entered into under subsection (a)(3))”.
Sec. 539B Determinations of impracticality of rehearing
added
added
Transmittal and review of records— Section 865(e)(3)(B) of title 10, United States Code (article 65(e)(3)(B) of the Uniform Code of Military Justice), is amended—
added
by striking “Impractical.—If the Judge Advocate General” and inserting the following:
added “(i) In general—Subject to clause (ii), if the Judge Advocate General”
added
by adding at the end the following new clause:
added “(ii) Cases referred by special victim prosecutor—If a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impractical and shall dismiss the charges if the special victim prosecutor so determines.”
added
Courts of criminal appeals— Section 866(f)(1)(C) of title 10, United States Code (article 66(f)(1)(C) of the Uniform Code of Military Justice), is amended—
added
by striking “Impracticable.—If the Court of Criminal Appeals” and inserting the following:
added “(i) In general—Subject to clause (ii), if the Court of Criminal Appeals”
added
by adding at the end the following new clause:
added “(ii) Cases referred by special victim prosecutor—If a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impracticable and shall dismiss the charges if the special victim prosecutor so determines.”
added
Review by the court of appeals for the armed forces— Section 867(e) of title 10, United States Code (article 67(e) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: “Notwithstanding the preceding sentence, if a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impracticable and shall dismiss the charges if the special victim prosecutor so determines.”.
added
Review by judge advocate general— Section 869(c)(1)(D) of title 10, United States Code (article 69(c)(1)(D) of the Uniform Code of Military Justice), is amended—
added
by striking “If the Judge Advocate General” and inserting “(i) Subject to clause (ii), if the Judge Advocate General”; and
added
by adding at the end the following new clause:
added “(ii) If a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impractical and shall dismiss the charges if the special victim prosecutor so determines.”
Sec. 539C Punitive article on sexual harassment
added
added
In general— Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 920c (article 120c) the following new section (article):
added “920d. Art. 120d. sexual harassment
added “(a) In general—Any person subject to this chapter who commits sexual harassment against another person shall be punished as a court-martial may direct.
added “(b) Elements—A person subject to this chapter commits sexual harassment when—
added “(1) such person knowingly—
added “(A) makes a sexual advance;
added “(B) demands or requests a sexual favor; or
added “(C) engages in other conduct of a sexual nature;
added “(2) the conduct described in paragraph (1) that such person committed is unwelcome;
added “(3) under the circumstances, on the basis of the record as a whole, such conduct would cause a reasonable person to—
added “(A) believe that submission to, or rejection of, such conduct would be made, either explicitly or implicitly, a term or condition of a person’s military duties, job, pay, career, benefits, or entitlements;
added “(B) believe that submission to, or rejection of, such conduct would be used as a basis for military career or employment decisions affecting that person; or
added “(C) perceive an intimidating, hostile, or offensive duty or working environment due to the severity, repetitiveness, or pervasiveness of such conduct; and
added “(4) a person, who by some duty or military-related reason works or is associated with the accused, did reasonably believe or perceive as described in subparagraph (A), (B), or (C) of paragraph (3).
added “(c) Other conduct—For purposes of subsection (b)(1)(C), whether other conduct would cause a reasonable person to believe it is of a sexual nature shall be dependent upon the circumstances of the act alleged and may include conduct that, without context, would not appear to be sexual in nature.
added “(d) Location and means of act—An act constituting sexual harassment under this section—
added “(1) may occur at any location and without regard to whether the victim or accused is on or off duty at the time of the alleged act;
added “(2) does not require physical proximity between the victim and the accused; and
added “(3) may be transmitted through any means, including written, oral, online, or other electronic means.”
added
Clerical amendment— The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 920c (article 120c) the following new item:
Sec. 539D Clarification of applicability of domestic violence and stalking to dating partners
added
added
Article 128b; domestic violence— Section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), is amended—
added
in the matter preceding paragraph (1), by striking “Any person” and inserting the following:
added “(a) In general—Any person”
added
by inserting “a dating partner,” after “an intimate partner,” each place it appears; and
added
by adding at the end the following new subsection:
added “(b) Definitions—In this section, the terms dating partner,“immediate family”, and “intimate partner” have the meaning given such terms in section 930 of this title (article 130).”
added
Article 130; stalking— Section 930 of such title (article 130 of the Uniform Code of Military Justice) is amended—
added
in subsection (a), by striking “or to his or her intimate partner” each place it appears and inserting “to his or her intimate partner, or to his or her dating partner”;
added
in subsection (b)—
added
by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and
added
by inserting after paragraph (2) the following new paragraph:
added “(3) The term “dating partner”, in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person, and a reasonable person would believe such a relationship exists or existed, based on—
added “(A) the length of the relationship;
added “(B) the type of relationship; and
added “(C) the frequency of interaction between the persons involved in the relationship.”
Sec. 539E Effective date
added
added
In general— Except as provided in subsection (b), the amendments made by this part shall take effect on the date that is two years after the date of the enactment of this Act and shall apply with respect to offenses that occur after that date.
added
Regulations—
added
Requirement— The President shall prescribe regulations to carry out this part not later than two years after the date of the enactment of this Act.
added
Impact of delay of issuance— If the President does not prescribe regulations to carry out this part before the date that is two years after the date of the enactment of this Act, the amendments made by this part shall take effect on the date on which such regulations are prescribed and shall apply with respect to offenses that occur on or after that date.
Sec. 539F Sentencing reform
added
added
Article 53; findings and sentencing— Section 853 of title 10, United States Code (article 53 of the Uniform Code of Military Justice), is amended—
added
in subsection (b), by amending paragraph (1) to read as follows:
added “(1) General and special courts-martial—Except as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial.”
added
in subsection (c)—
added
by amending paragraph (1) to read as follows:
added “(1) In general—In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death—
added “(A) the members shall determine—
added “(i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or
added “(ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and
added “(B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A).”
added
in paragraph (2), by striking “the court-martial” and inserting “the military judge”.
added
Article 53a; plea agreements— Section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), as amended by section 539A of this subtitle, is further amended—
added
by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and
added
by inserting after subsection (a) the following new subsection:
added “(b) Acceptance of plea agreement—Subject to subsections (c) and (d), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that—
added “(1) in the case of an offense with a sentencing parameter under section 856 of this chapter (article 56), the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and
added “(2) in the case of an offense with no sentencing parameter under section 856 of this chapter (article 56), the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.”
added
Article 56; sentencing— Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), is amended—
added
in subsection (c)—
added
in paragraph (1)—
added
in subparagraph (C)(vii), by striking “and” at the end;
added
in subparagraph (D), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new subparagraph:
added “(E) the applicable sentencing parameters or sentencing criteria prescribed under this section.”
added
by striking paragraphs (2) through (4) and inserting the following new paragraphs:
added “(2) Application of sentencing parameters in general and special courts-martial
added “(A) Requirement to sentence within parameters—Except as provided in subparagraph (B), in a general or special court-martial in which the accused is convicted of an offense for which there is a sentencing parameter under subsection (d), the military judge shall sentence the accused for that offense within the applicable parameter.
added “(B) Exception—The military judge may impose a sentence outside a sentencing parameter upon finding specific facts that warrant such a sentence. If the military judge imposes a sentence outside a sentencing parameter under this subparagraph, the military judge shall include in the record a written statement of the factual basis for the sentence.
added “(3) Use of sentencing criteria in general and special courts-martial—In a general or special court-martial in which the accused is convicted of an offense for which there are sentencing criteria under subsection (d), the military judge shall consider the applicable sentencing criteria in determining the sentence for that offense.
added “(4) Offense-based sentencing in general and special courts-martial—In announcing the sentence under section 853 of this chapter (article 53) in a general or special court-martial, the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently.
added “(5) Inapplicability to death penalty—Sentencing parameters and sentencing criteria shall not apply to a determination of whether an offense should be punished by death.
added “(6) Sentence of confinement for life without eligibility for parole
added “(A) If an offense is subject to a sentence of confinement for life, a court-martial may impose a sentence of confinement for life without eligibility for parole.
added “(B) An accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused’s life unless—
added “(i) the sentence is set aside or otherwise modified as a result of—
added “(I) action taken by the convening authority or the Secretary concerned; or
added “(II) any other action taken during post-trial procedure or review under any other provision of subchapter IX of this chapter;
added “(ii) the sentence is set aside or otherwise modified as a result of action taken by a court of competent jurisdiction; or
added “(iii) the accused receives a pardon or another form of Executive clemency.”
added
by redesignating subsection (d) as subsection (e);
added
by inserting after subsection (c) the following new subsection:
added “(d) Establishment of sentencing parameters and sentencing criteria
added “(1) In general—The President shall prescribe regulations establishing sentencing parameters and sentencing criteria in accordance with this subsection. Such parameters and criteria—
added “(A) shall cover sentences of confinement; and
added “(B) may cover lesser punishments, as the President determines appropriate.
added “(2) Sentencing parameters—Sentencing parameters established under paragraph (1) shall—
added “(A) identify a delineated sentencing range for an offense that is appropriate for a typical violation of the offense, taking into consideration—
added “(i) the severity of the offense;
added “(ii) the guideline or offense category that would apply to the offense if the offense were tried in a United States district court;
added “(iii) any military-specific sentencing factors; and
added “(iv) the need for the sentencing parameter to be sufficiently broad to allow for individualized consideration of the offense and the accused;
added “(B) include no fewer than five and no more than twelve offense categories;
added “(C) assign each offense under this chapter to an offense category unless the offense is identified as unsuitable for sentencing parameters under paragraph (4)(F)(ii);
added “(D) delineate the confinement range for each offense category by setting an upper confinement limit and a lower confinement limit; and
added “(E) be neutral as to the race, color, religion, national origin, ethnicity, gender, gender identity, disability, sexual orientation, and socioeconomic status of offenders.
added “(3) Sentencing criteria—Sentencing criteria established under paragraph (1) shall identify offense-specific factors the military judge should consider and any collateral effects of available punishments that may aid the military judge in determining an appropriate sentence when there is no applicable sentencing parameter for a specific offense.
added “(4) Military sentencing parameters and criteria board
added “(A) In general—There is established within the Department of Defense a board, to be known as the “Military Sentencing Parameters and Criteria Board” (referred to in this subsection as the “Board”).
added “(B) Voting members—The Board shall have five voting members, as follows:
added “(i) The four chief trial judges designated under section 826(g) of this chapter (article 26(g)), except that, if the chief trial judge of the Coast Guard is not available, the Judge Advocate General of the Coast Guard may designate as a voting member a judge advocate of the Coast Guard with substantial military justice experience.
added “(ii) A trial judge of the Navy, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of this chapter (article 26(g)) do not include a trial judge of the Navy.
added “(iii) A trial judge of the Marine Corps, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of this chapter (article 26(g)) do not include a trial judge of the Marine Corps.
added “(C) Nonvoting members—The Chief Judge of the Court of Appeals for the Armed Forces, the Chairman of the Joint Chiefs of Staff, and the General Counsel of the Department of Defense shall each designate one nonvoting member of the Board.
added “(D) Chair and vice-chair—The Secretary of Defense shall designate one voting member as chair of the Board and one voting member as vice-chair.
added “(E) Voting requirement—An affirmative vote of at least three members is required for any action of the Board under this subsection.
added “(F) Duties of board—The Board shall have the following duties:
added “(i) As directed by the President, the Board shall submit to the President for approval—
added “(I) sentencing parameters for all offenses under this chapter (other than offenses that the Board identifies as unsuitable for sentencing parameters in accordance with clause (ii)); and
added “(II) sentencing criteria to be used by military judges in determining appropriate sentences for offenses that are identified as unsuitable for sentencing parameters in accordance with clause (ii).
added “(ii) Identify each offense under this chapter that is unsuitable for sentencing parameters. The Board shall identify an offense as unsuitable for sentencing parameters if—
added “(I) the nature of the offense is indeterminate and unsuitable for categorization; and
added “(II) there is no similar criminal offense under the laws of the United States or the laws of the District of Columbia.
added “(iii) In developing sentencing parameters and criteria, the Board shall consider the sentencing data collected by the Military Justice Review Panel pursuant to section 946(f)(2) of this chapter (article 146(f)(2)).
added “(iv) In addition to establishing parameters for sentences of confinement under clause (i)(I), the Board shall consider the appropriateness of establishing sentencing parameters for punitive discharges, fines, reductions, forfeitures, and other lesser punishments authorized under this chapter.
added “(v) The Board shall regularly—
added “(I) review, and propose revision to, in consideration of comments and data coming to the Board’s attention, the sentencing parameters and sentencing criteria prescribed under paragraph (1); and
added “(II) submit to the President, through the Secretary of Defense, proposed amendments to the sentencing parameters and sentencing criteria, together with statements explaining the basis for the proposed amendments.
added “(vi) The Board shall develop means of measuring the degree to which applicable sentencing, penal, and correctional practices are effective with respect to the sentencing factors and policies set forth in this section.
added “(vii) In fulfilling its duties and in exercising its powers, the Board shall consult authorities on, and individual and institutional representatives of, various aspects of the military criminal justice system. The Board shall establish separate advisory groups consisting of individuals with current or recent experience in command and in senior enlisted positions, individuals with experience in the trial of courts-martial, and such other groups as the Board deems appropriate.
added “(viii) The Board shall submit to the President, through the Secretary of Defense, proposed amendments to the rules for courts-martial with respect to sentencing proceedings and maximum punishments, together with statements explaining the basis for the proposed amendments.
added “(ix) The Board may issue non-binding policy statements to achieve the Board’s purposes and to guide military judges in fashioning appropriate sentences, including guidance on factors that may be relevant in determining where in a sentencing parameter a specification may fall, or whether a deviation outside of the sentencing range may be warranted.
added “(G) Federal Advisory Committee Act—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Board or any advisory group established by the Board.”
added
in subsection (e)(1), as redesignated by paragraph (2) of this subsection—
added
in subparagraph (A), by striking “or” at the end;
added
by redesignating subparagraph (B) as subparagraph (C);
added
by inserting after subparagraph (A) the following new subparagraph:
added “(B) in the case of a sentence for an offense with a sentencing parameter under this section, the sentence is a result of an incorrect application of the parameter; or”
added
in subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by striking “, as determined in accordance with standards and procedures prescribed by the President”.
added
Article 66; courts of criminal appeals— Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice) is amended—
added
in subsection (d)(1)(A), by striking the third sentence; and
added
by amending subsection (e) to read as follows:
added “(e) Consideration of sentence
added “(1) In general—In considering a sentence on appeal, other than as provided in section 856(e) of this chapter (article 56(e)), the Court of Criminal Appeals may consider—
added “(A) whether the sentence violates the law;
added “(B) whether the sentence is inappropriately severe—
added “(i) if the sentence is for an offense for which there is no sentencing parameter under section 856(d) of this chapter (article 56(d)); or
added “(ii) in the case of an offense with a sentencing parameter under section 856(d) of this chapter (article 56(d)), if the sentence is above the upper range of such sentencing parameter;
added “(C) in the case of a sentence for an offense with a sentencing parameter under section 856(d) of this chapter (article 56(d)), whether the sentence is a result of an incorrect application of the parameter;
added “(D) whether the sentence is plainly unreasonable; and
added “(E) in review of a sentence to death or to life in prison without eligibility for parole determined by the members in a capital case under section 853(c) of this chapter (article 53(c)), whether the sentence is otherwise appropriate, under rules prescribed by the President.
added “(2) Record on appeal—In an appeal under this subsection or section 856(e) of this chapter (article 56(e)), other than review under subsection (b)(2), the record on appeal shall consist of—
added “(A) any portion of the record in the case that is designated as pertinent by any party;
added “(B) the information submitted during the sentencing proceeding; and
added “(C) any information required by rule or order of the Court of Criminal Appeals.”
added
Conforming amendments—
added
Section 863(c) of title 10, United States Code (article 63(c) of the Uniform Code of Military Justice) is amended by striking “section 856(d) of this title (article 56(d))” and inserting “section 856(e) of this chapter (article 56(e))”.
added
Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), as amended by subsection (d), is further amended by striking “section 856(d) of this title (article 56(d))” each place it appears and inserting “section 856(e) of this chapter (article 56(e))”.
added
Effective date—
added
In general— The amendments made by this section shall take effect on the date that is two years after the date of the enactment of this Act and shall apply to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after the date of the enactment of this Act.
added
Implementation of sentencing parameters and criteria—
added
In general— The President shall prescribe regulations setting forth the sentencing parameters and criteria required by subsection (d) of section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), as added by subsection (c) of this section.
added
Effective dates— The regulations under subparagraph (A) shall take effect on a date determined by the President which shall be not later than four years after the date of enactment of this Act and shall apply only to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date on which the regulations required by subparagraph (A) take effect.
added
Interim authority of judges— If the regulations required by subparagraph (A) have not been prescribed as of the date on which the amendments made by this section take effect under paragraph (1), each sentence adjudged in accordance with the amendments made by this section and the terms of the effective date under paragraph (1) shall be made as if no sentencing parameter or criteria for that offense has been prescribed until such time as such regulations are issued that include such a sentencing parameter or criteria.
added
Repeal of secretarial guidelines on sentences for offenses committed under the Uniform Code of Military Justice— Section 537 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1363; 10 U.S.C. 856 note) is repealed.
Sec. 539G Report on modification of disposition authority for offenses other than special victim offenses
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility, advisability, and potential effects of modifying chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) to require that determinations as to whether to prefer or refer charges for trial by court-martial for offenses other than special victim offenses must be made by an individual outside of the chain of command of the member subject to the charges rather than by a commanding officer who is in the chain of command of the member.
added
Elements— The report under subsection (a) shall include the following:
added
A review and reassessment of the findings of the Secretary of Defense included in the report submitted under section 540F of the National Defense Authorization Act for Fiscal year 2020 (Public Law 116–92; 133 Stat. 1367 ), taking into account the findings and recommendations of the Independent Review Commission on Sexual Assault in the Military as set forth in the report of the Commission titled “Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military”.
added
An analysis of any effects, including positive and negative effects, that may result from the modification of disposition authority for offenses as described in subsection (a).
added
Independent committee—
added
In general— The Secretary of Defense shall establish an independent committee to prepare the report required by this section.
added
Members— Subject to paragraph (3), the committee established under paragraph (1) shall be composed of members who—
added
are designated by the Secretary of Defense; and
added
have expertise determined to be relevant by the Secretary
added
Limitation— No member of an Armed Force or civilian employee of the Department of Defense may serve on the committee established under paragraph (1).
added
Special victim offense defined— In this section, the term “special victim offense” means an offense specified in section 801(17) of title 10, United States Code (article 1(17) of the Uniform Code of Military Justice), as added by section 534 of this subtitle.
Sec. 539H Report on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on status of the implementation of the recommendations specified in subsection (c).
added
Elements— The report under subsection (a) shall include the following:
added
A description of the status of the implementation of each recommendation specified in subsection (c), including—
added
whether, how, and to what extent the recommendation has been implemented;
added
any rules, regulations, policies, or other guidance that have been issued, revised, changed, or cancelled as a result of the implementation of the recommendation; and
added
any impediments to the implementation of the recommendation.
added
For each recommendation specified in subsection (c) that has not been fully implemented or superseded by statute as of the date of the report, a plan for the implementation of the recommendation, including identification of—
added
intermediate actions, milestone dates, and the expected completion date for implementation of the recommendation; and
added
any rules, regulations, policies, or other guidance that are expected to be issued, revised, changed, or cancelled as a result of the implementation of the recommendation.
added
Any statutory changes identified as necessary to fully implement the recommendations specified in subsection (c).
added
Recommendations specified— The recommendations specified in this subsection are the following, as set forth in the report of the Independent Review Commission on Sexual Assault in the Military titled “Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military”, and dated July 2, 2021:
added
Each recommendation under the heading “Line of Effort 1: Accountability” as set forth in section III such report.
added
Each recommendation under the heading “Line of Effort 2: Prevention” as set forth in section III such report.
added
Each recommendation under the heading “Line of Effort 3: Climate and Culture” as set forth in section III of such report.
added
Each recommendation under the heading “Line of Effort 4: Victim Care and Support” as set forth in section III of such report.
Sec. 539I Report on implementation of recommendations and other activities to address racial, ethnic, and gender disparities in the military justice system
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on status of the Secretary’s efforts—
added
to implement the recommendations set forth in the May 2019 report of the Government Accountability Office titled “Military Justice: DOD and the Coast Guard Need to Improve Their Capabilities to Assess Racial and Gender Disparities” (GAO–19–344); and
added
to carry out the activities required under section 540I(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1369; 10 U.S.C. 810 note).
Sec. 541 Independent investigation of complaints of sexual harassment
added
added
In general— Section 1561 of title 10, United States Code, is amended to read as follows:
added “1561. Complaints of sexual harassment: independent investigation
added “(a) Action on complaints alleging sexual harassment—A commanding officer or officer in charge of a unit, vessel, facility, or area of an armed force, who receives, from a member of the command or a member under the supervision of the officer, a formal complaint alleging sexual harassment by a member of the armed forces shall, as soon as practicable after such receipt, forward the complaint to an independent investigator.
added “(b) Commencement of investigation—To the extent practicable, an independent investigator shall commence an investigation of a formal complaint of sexual harassment not later than 72 hours after—
added “(1) receiving a formal complaint of sexual harassment forwarded by a commanding officer or officer in charge under subsection (a); or
added “(2) receiving a formal complaint of sexual harassment directly from a member of the armed forces.
added “(c) Duration of investigation—To the extent practicable, an investigation under subsection (b) shall be completed not later than 14 days after the date on which the investigation commences.
added “(d) Report on investigation
added “(1) If the investigation cannot be completed within 14 days, not later than the 14th day after the investigation commences, and every 14 days thereafter until the investigation is complete, the independent investigator shall submit to the officer described in subsection (a) a report on the progress made in completing the investigation.
added “(2) To the extent practicable, and as soon as practicable upon completion of the investigation, the officer described in subsection (a) shall notify the complainant of the final results of the investigation, including any action taken, or planned to be taken, as a result of the investigation.
added “(e) Definitions—In this section:
added “(1) The term “formal complaint” means a complaint—
added “(A) that an individual files in writing; and
added “(B) in which the individual attests to the accuracy of the information contained in the complaint.
added “(2) The term “independent investigator” means a member of the armed forces or a civilian employee of the Department of Defense or the Coast Guard who—
added “(A) is outside the chain of command of the complainant and the subject of the investigation; and
added “(B) is trained in the investigation of sexual harassment, as determined by—
added “(i) the Secretary concerned, in the case of a member of the armed forces;
added “(ii) the Secretary of Defense, in the case of a civilian employee of the Department of Defense; or
added “(iii) the Secretary of Homeland Security, in the case of a civilian employee of the Coast Guard.
added “(3) In this section, the term “sexual harassment” means any of the following:
added “(A) Conduct that—
added “(i) involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when—
added “(I) submission to such conduct is made either explicitly or implicitly a term or condition of a person’s job, pay, or career;
added “(II) submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; or
added “(III) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment; and
added “(ii) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive.
added “(B) Any use or condonation, by any person in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, or job of a member of the armed forces or a civilian employee of the Department of Defense or the Coast Guard.
added “(C) Any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any member of the armed forces or civilian employee of the Department of Defense or the Coast Guard.”
added
Clerical amendment— The table of sections at the beginning of chapter 80 of title 10 United States Code is amended by striking the item relating to section 1561 and inserting the following new item:
added
Effective date— The amendments made by subsections (a) and (b) shall—
added
take effect on the date that is two years after the date of the enactment of this Act; and
added
apply to any investigation of a formal complaint of sexual harassment (as those terms are defined in section 1561 of title 10, United States Code, as amended by subsection (a)) made on or after that date.
added
Report on implementation—
added
In general— Not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a report on preparation of that Secretary to implement section 1561 of title 10, United States Code, as amended by subsection (a).
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and
added
the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.
Sec. 542 Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial
addedadded Section 549 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 806b note) is amended—
added
in the section heading, by striking “alleged sexual assault” and inserting “alleged sex-related offense”;
added
by striking “Under regulations” and inserting “Notwithstanding section 552a of title 5, United States Code, and under regulations”;
added
by striking “alleged sexual assault” and inserting “an alleged sex-related offense (as defined in section 1044e(h) of title 10, United States Code)”; and
added
by adding at the end the following new sentence: “Upon such final determination, the commander shall notify the victim of the type of action taken on such case, the outcome of the action (including any punishments assigned or characterization of service, as applicable), and such other information as the commander determines to be relevant.”
Sec. 543 Modifications to annual report regarding sexual assaults involving members of the Armed Forces
added
added
Elimination of sunset and inclusion of demographic information—
added
In general— Section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended—
added
in subsection (a), by striking “through March 1, 2021” and inserting “through March 1, 2026”; and
added
in subsection (b)—
added
in paragraph (3), by inserting “the race and ethnicity of the victim and accused,” before “the action”; and
added
in paragraph (13)(B), by inserting “, including the race and ethnicity of the victim and accused” before the period at the end.
added
Applicability— The amendments made by paragraph (1) shall apply with respect to reports required to be submitted under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) after the date of the enactment of this Act.
added
Additional prevalence data—
added
In general— Paragraph (8) of section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended to read as follows:
added “(8) An analysis and assessment of trends in the incidence, disposition, and prosecution of sexual assaults by units, commands and other competent authorities, and installations during the year covered by the report, including trends relating to—
added “(A) the prosecution of incidents and avoidance of incidents; and
added “(B) the prevalence of incidents, set forth separately for—
added “(i) each installation with 5,000 or more servicemembers;
added “(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
added “(iii) in the case of the Navy, the operational status (whether sea duty or shore duty) of any individuals involved in such incidents.”
added
Applicability— The amendment made by paragraph (1) shall apply with respect to reports required to be submitted under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) after January 1, 2023.
Sec. 544 Civilian positions to support Special Victims’ Counsel
added
added
Civilian support positions— Each Secretary of a military department may establish one or more civilian positions within each office of the Special Victims’ Counsel under the jurisdiction of such Secretary.
added
Duties— The duties of each position under subsection (a) shall be—
added
to provide support to Special Victims’ Counsel, including legal, paralegal, and administrative support; and
added
to ensure the continuity of legal services and the preservation institutional knowledge in the provision of victim legal services notwithstanding transitions in the military personnel assigned to offices of the Special Victims’ Counsel.
added
Special Victims’ Counsel defined— In this section, the term “Special Victims’ Counsel” means Special Victims’ Counsel described in section 1044e of title 10, United States Code, and in the case of the Navy and Marine Corps, includes counsel designated as “Victims’ Legal Counsel”.
Sec. 545 Feasibility study on establishment of clearinghouse of evidence-based practices to prevent sexual assault, suicide, and other harmful behaviors among members of the Armed Forces and military families
added
added
Study— The Secretary of Defense shall study the feasibility of establishing a single, centralized clearinghouse of evidence-based practices to support the health and well-being of members of the Armed Forces and military families. and reduce harmful behaviors, through the following activities:
added
Establishment evidentiary standards to provide a common frame of reference for assessing the strength of research evidence.
added
In consultation with nondepartmental experts, identification of health and well-being domains of interest, including the prevention of—
added
sexual assault;
added
harassment;
added
substance abuse;
added
workplace violence; and
added
suicide.
added
Provision of practical guidance about the effectiveness of evidence-based practices, including how they can be implemented and steps for monitoring implementation and changes in behavior.
added
Report— Not later than six months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report containing the results of the feasibility study under subsection (a) and related recommendations of the Secretary.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:
added
The Committee on Armed Services of the House of Representatives.
added
The Committee on Armed Services of the Senate.
added
The Committee on Transportation and Infrastructure of the House of Representatives.
added
The Committee on Commerce, Science, and Transportation of the Senate.
Sec. 551 Training on consequences of committing a crime in preseparation counseling of the Transition Assistance Program
added
added
Establishment— Subsection (b) of section 1142 of title 10, United States Code, is amended by adding at the end the following new paragraph:
added “(20) Training regarding the consequences to such a member who is convicted of a crime, specifically regarding the loss of benefits from the Federal Government to such member.”
added
Implementation date— The Secretary concerned shall carry out paragraph (20) of such subsection, as added by subsection (a), not later than one year after the date of the enactment of this Act.
added
Development— The Secretary of Defense shall develop the training under such paragraph.
added
Progress briefing— Not later than 180 days of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives regarding progress of the Secretary in preparing the training under such paragraph.
Sec. 552 Participation of members of the reserve components of the Armed Forces in the Skillbridge program
addedadded 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.”
Sec. 553 Expansion and codification of matters covered by diversity training in the Department of Defense
added
added
In general— Chapter 101 of title 10, United States Code, is amended by inserting before section 2002 the following new section:
added “2001. Human relations, diversity, equity, and inclusion training
added “(a) Human relations, diversity, equity, and inclusion training
added “(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.
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, 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.”
added
Technical and conforming amendments—
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:
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.
Sec. 554 Expansion of Junior Reserve Officers’ Training Corps program
added
added
Expansion of JROTC curriculum— Paragraph (3) of section 2031(b) of title 10, United States Code, is 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;”
added
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.
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—
added
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;
added
a description of the efforts of the Armed Forces to meet current enrollment targets for the program;
added
an explanation of the reasons such enrollment targets have not been met, if applicable;
added
a description of any obstacles preventing the Armed Forces from meeting such enrollment targets; and
added
a comparison of the potential benefits and drawbacks of expanding the program.
Sec. 555 Defense Language Institute Foreign Language Center
added
added
Authority to award bachelor’s degrees— Section 2168 of title 10, United States Code, is amended—
added
in the section heading, by striking “Associate” and inserting “Associate or Bachelor”; and
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.”
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:
Sec. 556 Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a member of Congress
added
added
United States Military Academy—
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.”
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:
added
United States Naval Academy—
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.”
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:
added
Air Force Academy—
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.”
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:
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—
added
the estimate of the Secretary regarding the frequency with which the authorities under such amendments will be used each year; and
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.
Sec. 557 Votes required to call a meeting of the Board of Visitors of a military service academy
added
added
United States Military Academy— Section 7455 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.”
added
United States Naval Academy— Section 8468 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.”
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. 558 United States Naval Community College
added
added
Establishment— Chapter 859 of title 10, United States Code, is amended by adding at the end the following new section:
added “8595. United States Naval Community College: establishment and degree granting authority
added “(a) Establishment and function—There is a United States Naval Community College. The primary function of such 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; 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.”
added
Clerical amendment— The table of sections at the beginning of chapter 859 of title 10, United States Code, is amended by adding at the end the following new item:
Sec. 559 Codification of establishment of United States Air Force Institute of Technology
added
added
In general— Chapter 951 of title 10, United States Code, is 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.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting, before the item relating to section 9414, the following new item:
Sec. 559A Clarifications regarding scope of employment and reemployment rights of members of the uniformed services
added
added
Clarification regarding definition of rights and benefits— Section 4303(2) of title 38, United States Code, is amended—
added
by inserting “(A)” before “The term”; and
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.”
added
Clarification regarding relation to other law and plans for agreements— Section 4302 of such title is amended by 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.”
Sec. 559B Clarification and expansion of prohibition on gender-segregated training in the Marine Corps
addedadded Section 565 of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 8431 note prec.) is amended—
added
in the heading, by inserting “and Officer Candidates School” after “Depots”;
added
in subsection (a)(1)—
added
by striking “training” and inserting “no training platoon” ; and
added
by striking “not”;
added
in subsection (b)(1)—
added
by striking “training” and inserting “no training platoon” ; and
added
by striking “not”; and
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.”
Sec. 559C Requirement to issue regulations ensuring certain parental guardianship rights of cadets and midshipmen
added
added
Regulations required—
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.
added
Protection of parental guardianship rights— The regulations prescribed under paragraph (1) shall provide that—
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;
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
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.
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—
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—
added
be responsible for the dependent;
added
not be enrolled at a covered service academy; and
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;
added
ensure that such cadet or midshipman—
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;
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;
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
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).
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:
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.
added
Seek a transfer to a university with a Reserve Officers’ Training Corps for the Armed Force under the military department concerned.
added
Full release from the covered service academy and any related obligations.
added
Enlistment in active-duty service, with all of the attendant benefits.
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—
added
shall not be required to give up parental rights; and
added
shall not acquire any benefits or leave considerations as a result of fathering a child, except that—
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
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).
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.
added
Definitions— In this section:
added
The term covered service academy means the following:
added
The United States Military Academy, West Point, New York.
added
The United States Naval Academy, Annapolis, Maryland.
added
The United States Air Force Academy, Colorado Springs, Colorado.
added
The United States Coast Guard Academy, New London, Connecticut.
added
The United States Merchant Marine Academy, Kings Point, New York.
added
The term Secretary concerned means—
added
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;
added
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
added
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 Defense language continuing education program
added
added
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.
added
Elements— The executive agent designated in subsection (a) shall be responsible for the following:
added
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.
added
Identifying the resourcing requirements necessary for each armed force to have access to the following foreign language training elements:
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—
added
current and authentic copyrighted multimedia content (video, audio, print, etc.), in multiple genres, that have been cleared for legal use;
added
foreign-originated newscasts and interviews with foreign speakers; and
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.
added
Anytime accessibility, both on-line and via mobile device.
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.
added
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.
added
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 Public-private consortium to improve professional military education
added
added
Establishment— The Secretary of Defense, acting through the Chairman of the Joint Chiefs of Staff and in consultation with the Under Secretary of Defense for Personnel and Readiness, may establish and maintain a public-private consortium (referred to in this section as the “Consortium”) to improve and broaden professional military education for military officers and civilian employees of the Federal Government.
added
Directors—
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.
added
Responsibilities of co-directors— The co-directors shall be responsible for—
added
the administration and management of the Consortium; and
added
developing a common curriculum for professional military education using input received from members of the Consortium.
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).
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.
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).
added
Activities of Consortium— The Consortium shall carry out the following activities:
added
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.
added
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.
added
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.
added
Members— The Consortium shall be composed of representatives selected by the Secretary of Defense from the following organizations:
added
Organizations within the joint professional military education system.
added
Military service academies.
added
Other institutions of the Federal Government that provide military education.
added
Civilian institutions of higher education.
added
Private sector and government policy research institutes.
added
Organizations in the commercial sector, including organizations from the industrial, finance, and technology sectors.
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.
added
Definitions— In this section:
added
The term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and
added
the Committee on Armed Services and the Committee on the Environment and Public Works of the Senate.
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. 559F Standards for training of surface warfare officers and enlisted members
added
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—
added
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;
added
a national rating endorsement under subsection (b) or (c) of section 10.109 of such title; or
added
a Standards of Training, Certification, and Watchkeeping endorsement under section 10.109 (d) of such title.
added
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.
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—
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—
added
meets the requirements for a merchant mariner credential with an appropriate endorsement; and
added
exceeds such requirements;
added
a list of the proposed naval curriculum courses that have been submitted to the National Maritime Center for course credentialing approval; and
added
a timeline for—
added
all personnel described in subsection (b)(1) to be qualified to be issued merchant mariner credentials with national officer and ratings endorsements; and
added
50 percent of such personnel to receive such credential with Standards of Training, Certification, and Watchkeeping endorsement.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:
added
The congressional defense committees (as that term is defined in section 101 of title 10, United States Code).
added
The Committee on Transportation and Infrastructure of the House of Representatives.
added
The Committee on Commerce, Science, and Transportation of the Senate.
Sec. 559G Professional military education: report; definition
added
added
Report—
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).
added
Elements— The report under this subsection shall include the following elements:
added
A consolidated summary of all definitions of the term “professional military education” used in the Department of Defense and the military departments.
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.
added
An analysis of how such term—
added
applies to tactical, operational, and strategic settings; and
added
is linked to mission requirements.
added
An analysis of how professional military education has been applied and linked through all levels of Department of Defense education and training.
added
The applicability of professional military education to the domains of warfare, including land, air, sea, space, and cyber.
added
With regards to online and virtual learning in professional military education—
added
an analysis of the use of such learning; and
added
student satisfaction in comparison to traditional classroom learning.
added
Definition— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, using the report under subsection (a), shall standardize the definition of “professional military education” across the military departments and the Department of Defense.
Sec. 559H Study on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors
added
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—
added
sexual assault;
added
sexual harassment;
added
extremism;
added
domestic violence;
added
diversity, equity, and inclusion;
added
military equal opportunity;
added
suicide prevention; and
added
substance abuse.
added
Elements— The study under subsection (a) shall identify, with regard to each training or course of education, the following:
added
Sponsor.
added
Location.
added
Method.
added
Frequency.
added
Number of covered members who have participated.
added
Legislation, regulation, instruction, or guidance that requires such training or course (if applicable).
added
Metrics of—
added
performance;
added
effectiveness; and
added
data collection.
added
Responsibilities of the Secretary of Defense or Secretary of a military department to—
added
communicate with non-departmental entities;
added
process feedback from trainers, trainees, and such entities;
added
connect such training or course to tactical, operational, and strategic goals; and
added
connect such training or course to other training regarding social reform and unhealthy behavior.
added
Analyses of—
added
whether the metrics described in paragraph (7) are standardized across the military departments;
added
mechanisms used to engage non-departmental entities to assist in the development of such training or courses;
added
incentives used to ensure the effectiveness of such training or courses;
added
how each training or courses is intended to change behavior; and
added
costs of such training and courses.
added
Recommendations of the Secretary of Defense to improve such training or courses, including the estimated costs to implement such improvements.
added
Any other information the Secretary of Defense determines relevant.
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.
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. 561 Establishment of Exceptional Family Member Program Advisory Council
added
added
Establishment— Chapter 7 of title 10, United States Code, is amended by inserting before section 187 the following new section 186:
added “186. Exceptional Family Member Program Advisory Council
added “(a) Establishment—There is an Exceptional Family Member Program Advisory Council in the Department of Defense (in this section referred to as the “Council”).
added “(b) Purpose—The Council shall provide, to the Secretary and the chiefs of the covered armed forces, recommendations regarding how to improve the Exceptional Family Member Program. The Council shall provide such recommendations not less than once every six months.
added “(c) Composition—The Council shall be composed of the following:
added “(1) One member of each covered armed force—
added “(A) serving on active duty;
added “(B) who has a dependent—
added “(i) enrolled in the Exceptional Family Member Program; and
added “(ii) with an individualized education program; and
added “(C) appointed by the Vice Chief of Staff of the covered armed force concerned.
added “(2) Two military spouses—
added “(A) of members eligible to be appointed under paragraph (1);
added “(B) who are not civilian employees of the Department of Defense;
added “(C) one of whom is married to an enlisted member and one of whom is married to an officer; and
added “(D) appointed by the Vice Chief of Staff of the covered armed force concerned.
added “(3) One adult dependent—
added “(A) enrolled in the Exceptional Family Member Program; and
added “(B) appointed by the Vice Chief of Staff of the covered armed force concerned.
added “(4) One representative of the Exceptional Family Member Program Coalition.
added “(5) One member of the Defense Health Agency.
added “(6) One member of the Department of Defense Education Activity.
added “(7) One member of the Office of Special Needs.
added “(d) Appointments—In making appointments under subsection (c), the Vice Chief of Staff of the covered armed force concerned shall seek to represent the diversity of the disability community.
added “(e) Terms—Each member of the Council shall serve a term of two years, except one of the original members appointed under subsection (c)(2), selected by the Secretary of Defense at the time of appointment, one shall be appointed for a term of three years.
added “(f) Meetings—The Council shall meet at least once every calendar quarter, in person or by teleconference.
added “(g) Covered armed force defined—In this section, the term “covered armed force” means an armed force under the jurisdiction of the Secretary of a military department.”
added
Technical and conforming amendments—
added
Table of sections— The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 187 the following new item:
added
Termination of advisory panel on community support for military families with special needs— Section 563 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1781c note) is amended by striking subsection (d).
Sec. 562 Non-medical counseling services for military families
addedadded Section 1781 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(d) Non-medical counseling services
added “(1) In carrying out its duties under subsection (b), the Office may coordinate programs and activities for the provision of non-medical counseling services to military families through the Department of Defense Family Readiness System.
added “(2) Notwithstanding any other provision of law, a mental health care provider described in paragraph (3) may provide non-medical counseling services at any location in a State, the District of Columbia, or a territory or possession of the United States, without regard to where the provider or recipient of such services is located, if the provision of such services is within the scope of the authorized Federal duties of the provider.
added “(3) A mental health care provider described in this subsection is a person who is—
added “(A) a currently licensed mental health care provider who holds a license that is—
added “(i) issued by a State, the District of Columbia, or a territory or possession of the United States; and
added “(ii) recognized by the Secretary of Defense;
added “(B) a member of the armed forces, a civilian employee of the Department of Defense, or a contractor designated by the Secretary; and
added “(C) performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1).
added “(4) In this subsection, the term “non-medical counseling services” means mental health care services that are non-clinical, short-term and solution focused, and address topics related to personal growth, development, and positive functioning.”
Sec. 563 Expansion of support programs for special operations forces personnel and immediate family members
added
added
In general— Section 1788a(e) of title 10, United States Code, is amended—
added
in paragraph (4), by striking “covered personnel” and inserting “covered individuals”; and
added
in paragraph (5)—
added
by striking “covered personnel” and inserting “covered individuals”;
added
in subparagraph (B), by striking “and” at the end;
added
in subparagraph (C), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new subparagraph:
added “(D) immediate family members of individuals described in subparagraphs (A) or (B) in a case in which such individual died—
added “(i) as a direct result of armed conflict;
added “(ii) while engaged in hazardous service;
added “(iii) in the performance of duty under conditions simulating war; or
added “(iv) through an instrumentality of war.”
Sec. 564 Clarification of qualifications for attorneys who provide legal services to families enrolled in the Exceptional Family Member Program
addedadded Section 582(b)(7) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended, in the matter preceding subparagraph (A), by striking “in education law” and inserting “and with experience in the practice of education law in the State in which the military installation is located (and any other State or States in which a significant portion of the personnel assigned to such military installation reside)”.
Sec. 565 Improvements to the Exceptional Family Member Program
added
added
Verification of suitability of housing and educational institutions— Section 582(c)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by inserting “, and to verify that housing and at least one school near such military installation is suitable for the dependent with special needs of such covered member” before the period at the end.
added
Expansion of advisory panel on community support for military families with special needs— Section 563(d)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1781c note) is amended—
added
by striking “seven” and inserting “nine”;
added
by inserting “, appointed by the Secretary of Defense,” after “individuals”;
added
by inserting “each” before “a member”;
added
by striking the second sentence; and
added
by adding “One such individual shall be the spouse of an enlisted member and one such individual shall be the spouse of an officer in a grade below O-6.” at the end.
added
Relocation— The Secretary of the military department concerned shall, if such Secretary determines it feasible, permit a covered member who receives permanent change of station orders to elect, not later than 14 days after such receipt, from at least two locations that provide support for the dependent of such covered member with a special need.
added
Scanning of DD Form 2792— The Secretary of a military department shall require that a DD Form 2792 completed by a covered member is scanned and uploaded to the electronic health record of the dependent described in such DD Form 2792.
added
Covered member defined— In this section, the term “covered member” means a member of an Armed Force—
added
under the jurisdiction of the Secretary of a military department; and
added
with a dependent with a special need.
Sec. 566 Database of next of kin of deceased members of the Armed Forces
addedadded 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—
added
a commander in a grade higher than O-5 may access the contact information for the next of kin of a member who died while a member of the unit under the command of such commander, regardless of whether such member served under such commander; and
added
an individual named in such database may—
added
elect to not be contacted by an officer described in paragraph (1); and
added
change such election at any time.
Sec. 567 Policy regarding remote military installations
added
added
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—
added
identify remote military installations; and
added
assess and manage challenges associated with remote military installations.
added
Elements— The policy under subsection (a) shall address the following:
added
Activities and facilities for the morale, welfare, and recreation of members of the Armed Forces.
added
Availability of housing, located on and off remote military installations.
added
Educational services for dependents of members of the Armed Forces, located on and off remote military installations.
added
Availability of health care.
added
Employment opportunities for military spouses.
added
Risks associated with having insufficient support services for members of the Armed Forces and their dependents.
added
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—
added
the policy under this section; and
added
an implementation plan for the policy.
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.
Sec. 568 Feasibility study on program for drop-in child care furnished to certain military spouses at military child development centers
added
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—
added
at the military child development center of the military installation that is the permanent duty station of such covered member;
added
during the normal hours of operation of the military child development center at which such child care employee is employed; and
added
for not more than two hours per week.
added
Report— Not later than September 30, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding the results of the study under subsection (a).
added
Definitions— In this section:
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.
added
The term “covered child” means the dependent child of a covered member—
added
younger than seven years of age; and
added
who does not regularly receive child care services at a military child development center.
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. 569 Comptroller General of the United States reports on employment discrimination against military spouses by civilian employers
addedadded 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:
added
The feasibility of policy solutions to prevent such discrimination, including—
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
added
by including military spouses as a protected class for the purpose of laws relating to employment discrimination.
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. 569A Report on efforts of commanders of military installations to connect military families with local entities that provide services to military families
addedadded Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on how and the extent to which commanders of military installations connect military families with local nonprofit and government entities that provide services to military families, including assistance with housing.
Sec. 569B Report on Preservation of the Force and Family Program of United States Special Operations Command
added
added
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.
added
Elements— The report under this section shall include the following:
added
An assessment of the human performance domain of current programs and activities, including—
added
physical conditioning;
added
exercise physiology;
added
kinesiology;
added
nutrition guidance;
added
rehabilitative support (including physical therapy); and
added
mental skills training (including sports psychology).
added
A description of efforts of the Commander to assess the unique needs of members of special operations forces, including women and minorities.
added
An assessment of the effectiveness of POTFF in addressing such unique needs.
added
Plans of the Commander to improve POTFF to better address such unique needs.
added
Definitions— In this section:
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.
added
The term “special operations forces” means the forces described in section 167(j) of title 10, United States Code.
Sec. 569C GAO review of Preservation of the Force and Family Program of United States Special Operations Command
added
added
Review— Not later than April 1, 2022, the Comptroller General of the United States shall conduct a review of POTFF and submit to the appropriate committees a report containing the results of such review.
added
Elements— The report under this section shall include the following:
added
An assessment of the sufficiency of the human performance domain of current programs and activities of POTFF.
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.
added
A description of plans of the Commander to improve POTFF to better address the unique needs of members of special operations forces.
added
Changes in costs to the United States to operate POTFF since implementation.
added
Rates of participation in POTFF, including—
added
the number of individuals who participate;
added
frequency of use by such individuals; and
added
geographic locations where such individuals participate.
added
Methods by which data on POTFF is collected and analyzed.
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.
added
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.
added
Definitions— In this section:
added
The term “appropriate committees” means the Committees on Armed Services of the Senate and House of Representatives.
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.
added
The term “special operations forces” means the forces described in section 167(j) of title 10, United States Code.
Sec. 569D Continued assistance to schools with significant numbers of military dependent students
added
added
Assistance to schools with significant numbers of military dependent students— Of the amount authorized to be appropriated for fiscal year 2022 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
added
Impact aid for children with severe disabilities— Of the amount authorized to be appropriated for fiscal year 2022 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $20,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).
added
Local educational agency defined— In this section, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
Sec. 569E Verification of reporting of eligible federally connected children for purposes of Federal impact aid programs
added
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.
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—
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
added
each military installation that has not confirmed the information contained in such forms as of such date.
added
Definitions— In this section:
added
Term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.
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)).
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. 571 Information on female and minority participation in military service academies and the Senior Reserve Officers’ Training Corps
addedadded Section 113 of title 10, United States Code, is amended—
added
in subsection (c)(2), by inserting before the semicolon the following: “, including the status of diversity and inclusion in the military service academies and the Senior Reserve Officers’ Training Corps programs of such department”;
added
in subsection (l)(2)—
added
in subparagraph (D), by inserting “(including through the military service academies and the Senior Reserve Officers’ Training Corps)” after “into the armed forces”; and
added
in subparagraph (E), by inserting “, attendance at military service academies, and enrollment in the Senior Reserve Officers’ Training Corps that” before “is representative”; and
added
in subsection (m)—
added
by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; and
added
by inserting after paragraph (4) the following new paragraph:
added “(5) The number of cadets and midshipmen from 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.”
Sec. 572 Surveys on diversity, equity, and inclusion and annual reports on sexual assaults and racial and ethnic demographics in the military justice system
added
added
Modification of content of certain surveys—
added
Armed forces surveys— Section 481 of title 10, United States Code, is amended—
added
in subsection (a)—
added
in paragraph (1) by striking the second sentence;
added
in paragraph (3) by striking “Equal Opportunity” and inserting “Diversity, Equity, and Inclusion”;
added
in subsection (b)—
added
in the subsection heading, by striking “Equal opportunity” and inserting “Diversity, Equity, and Inclusion”;
added
in the matter preceding paragraph (1), by striking “Equal Opportunity” and inserting “Diversity, Equity, and Inclusion”; and
added
by adding at the end the following new paragraphs:
added “(4) Identifying and assessing the extent of activity among such members that may be seen as “hate group” activity.
added “(5) Whether respondents have, in the preceding year—
added “(A) experienced or witnessed extremist, racist, anti-Semitic, or supremacist activity in the workplace; or
added “(B) reported such activity.”
added
in subsection (c)—
added
by redesignating paragraph (5) as paragraph (6); and
added
by inserting after paragraph (4) the following new paragraph:
added “(5) Identifying and assessing the extent of activity among such members that may be seen as “hate group” activity.”
added
by redesignating subsection (f) as subsection (g); and
added
by inserting after subsection (e) the following new subsection:
added “(f) Publication—The Secretary of Defense shall—
added “(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (e); and
added “(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.”
added
Civilian employee surveys— Section 481a of title 10, United States Code, is amended—
added
in subsection (b)—
added
by redesignating paragraph (5) as paragraph (7); and
added
by inserting after paragraph (4) the following new paragraphs:
added “(5) Identifying and assessing the extent (if any) of activity among such employees that may be seen as so-called “hate group” activity.
added “(6) Whether respondents have, in the preceding year—
added “(A) experienced or witnessed extremist, racist, anti-Semitic, or supremacist activity in the workplace; or
added “(B) reported such activity.”
added
by adding at the end the following new subsection:
added “(e) Publication—The Secretary of Defense shall—
added “(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (c); and
added “(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.”
added
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:
added “(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.
added “(7) For each category of offense identified under paragraph (6)—
added “(A) an estimate of the racial, ethnic, gender, age, and rank demographics of principals; and
added “(B) an estimate of the racial, ethnic, gender, age, and rank demographics of victims.”
added
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.
added
Effective date—
added
The amendments made by paragraphs (1) and (2) shall take effect on the day after the date of the enactment of this Act.
added
The amendments made by paragraph (3) shall take effect on January 1, 2023.
added
Annual reports on racial and ethnic demographics in the military justice system—
added
In general— Chapter 23 of title 10, United States Code, is amended by inserting after section 485 the following new section:
added “486. Annual reports on racial and ethnic demographics in the military justice system
added “(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.
added “(b) Contents—The report of a Secretary of a military department for an armed force under subsection (a) shall contain the following:
added “(1) Statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice) during the year covered by the report, including:
added “(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—
added “(i) statistical category as related to the victim; and
added “(ii) statistical category as related to the principal;
added “(B) the number of offenses in the armed force that were reported to military officials, disaggregated by—
added “(i) statistical category as related to the victim; and
added “(ii) statistical category as related to the principal;
added “(C) the number of offenses in the armed force that were investigated, disaggregated by statistical category as related to the principal;
added “(D) the number of offenses in which the evidence supported possible action by the Department, disaggregated by statistical category as related to the principal;
added “(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;
added “(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;
added “(G) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal;
added “(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;
added “(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
added “(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.
added “(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—
added “(A) the prosecution of offenses; and
added “(B) the prevalence of offenses, set forth separately for—
added “(i) each installation with 5,000 or more servicemembers;
added “(ii) the major career fields of any individuals involved in such incidents, including the fields of combat arms, aviation, logistics, maintenance, administration, and medical;
added “(iii) in the case of the Navy, the operational status (whether sea duty or shore duty) of any individuals involved in such incidents.
added “(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.
added “(c) Definitions—In this section:
added “(1) The term “statistical category” means each of the following categories:
added “(A) race;
added “(B) gender;
added “(C) ethnicity;
added “(D) rank; and
added “(E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice).
added “(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).
added “(d) Submission to Congress
added “(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—
added “(A) an assessment of the information submitted to the Secretary pursuant to subsection (b)(3);
added “(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
added “(C) such other assessments on the reports as the Secretary of Defense considers appropriate.
added “(2) Appropriate congressional committees defined—In this subsection, the term “appropriate congressional committees” means—
added “(A) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Veterans’ Affairs of the Senate; and
added “(B) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Veterans’ Affairs of the House of Representatives.
added “(e) Publication—The Secretary of Defense shall—
added “(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsections (a) and (d); and
added “(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.”
added
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:
added
Annual reports on sexual assaults—
added
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:
added “487. Annual reports on sexual assaults
added “(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.
added “(b) Contents—The report of a Secretary of a military department for an armed force under subsection (a) shall contain the following:
added “(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.
added “(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).
added “(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.
added “(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.
added “(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.
added “(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.
added “(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.
added “(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—
added “(A) the prosecution of incidents and avoidance of incidents; and
added “(B) the prevalence of incidents, set forth separately for—
added “(i) each installation with 5,000 or more servicemembers;
added “(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
added “(iii) in the case of the Navy, the operational status (whether sea duty or shore duty) of any individuals involved in such incidents.
added “(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.
added “(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.
added “(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:
added “(A) Conviction by court-martial, including a separate statement of the most serious charge preferred and the most serious charge for which convicted.
added “(B) Acquittal of all charges at court-martial.
added “(C) Non-judicial punishment under section 815 of this title (article 15 of the Uniform Code of Military Justice).
added “(D) Administrative action, including by each type of administrative action imposed.
added “(E) Dismissal of all charges, including by reason for dismissal and by stage of proceedings in which dismissal occurred.
added “(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:
added “(A) A narrative description of each complaint.
added “(B) The nature of such complaint, including whether the complainant claims professional or social retaliation.
added “(C) The gender of the complainant.
added “(D) The gender of the individual claimed to have committed the retaliation.
added “(E) The nature of the relationship between the complainant and the individual claimed to have committed the retaliation.
added “(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.
added “(G) The official or office that received the complaint.
added “(H) The organization that investigated or is investigating the complaint.
added “(I) The current status of the investigation.
added “(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.
added “(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).
added “(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:
added “(A) The number of substantiated and unsubstantiated reports.
added “(B) A synopsis of each substantiated report, including the race and ethnicity of the victim and accused.
added “(C) The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as—
added “(i) conviction and sentence by court-martial;
added “(ii) imposition of non-judicial punishment under section 815 of this title (article 15 of the Uniform Code of Military Justice); or
added “(iii) administrative separation or other type of administrative action imposed.
added “(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:
added “(A) The number of substantiated and unsubstantiated reports.
added “(B) A synopsis of each substantiated report.
added “(C) The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as—
added “(i) conviction and sentence by court-martial;
added “(ii) imposition of non-judicial punishment under section 815 this title (article 15 of the Uniform Code of Military Justice); or
added “(iii) administrative separation or other type of administrative action imposed.
added “(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:
added “(1) The victim made an unrestricted report of such incident or offense.
added “(2) The report was investigated by the Federal Government or a State, local, or Tribal law enforcement organization.
added “(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.
added “(d) Submission to Congress
added “(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—
added “(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);
added “(B) an assessment of the information submitted to the Secretary pursuant to subsection (b)(11); and
added “(C) such other assessments on the reports as the Secretary of Defense considers appropriate.
added “(2) Appropriate congressional committees defined—In this subsection, the term “appropriate congressional committees” means—
added “(A) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Veterans’ Affairs of the Senate; and
added “(B) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Veterans’ Affairs of the House of Representatives.
added “(e) Publication—The Secretary of Defense shall—
added “(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsections (a) and (d); and
added “(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.
added “(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:
added “(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.
added “(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.
added “(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.
added “(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.
added “(5) If the case disposition includes non-judicial punishment, the case synopsis shall explicitly state the nature of the punishment.
added “(6) The case synopsis shall indicate whether alcohol was involved in any way in a substantiated sexual assault incident.
added “(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).
added “(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.”
added
Conforming repeals—
added
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.
added
Section 538 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 1561 note) is repealed.
added
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:
added
Effective dates—
added
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.
added
Exceptions—
added
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.
added
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
addedadded Section 554(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
added
in the section heading, by striking “Deputy” and inserting “Assistant”;
added
in paragraph (1)—
added
in the matter preceding subparagraph (A)—
added
by striking “Secretary of Defense” and inserting “Inspector General of the Department of Defense”; and
added
by striking “Deputy” and inserting “Assistant”;
added
in subparagraph (A), by striking “of the Department”; and
added
in subparagraph (B), by striking “report directly to and serve” and inserting “be”;
added
in paragraph (2)—
added
in the matter preceding clause (i) of subparagraph (A)—
added
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
added
by striking “evaluations” and inserting “inspections,”;
added
in clause (ii) of subparagraph (A), by striking “, including the duties of the Inspector General under subsection (b)”; and
added
in subparagraph (B), by striking “Secretary or”;
added
in paragraph (3)(A) in the matter preceding subparagraph (A), by striking “Deputy” and inserting “Assistant”;
added
in paragraph (4)—
added
in subparagraph (A), by striking “Deputy” each place it appears and inserting “Assistant”;
added
in subparagraph (B)—
added
by striking “Deputy” the first place it appears;
added
by striking “and the Inspector General”;
added
by striking “Deputy” the second place it appears and inserting “Assistant”; and
added
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.).”;
added
in subparagraph (C)—
added
by striking “Deputy”; and
added
by striking “and Inspector General”;
added
in subparagraph (D)—
added
by striking “Deputy”;
added
by striking “and the Inspector General”;
added
by striking “Secretary or”; and
added
by striking “direct” and inserting “determine”; and
added
in subparagraph (E)—
added
by striking “Deputy” ; and
added
by striking “of the Department” and all that follows through “Representatives” and inserting “consistent with the requirements of the Inspector General Act of 1978 (5 U.S.C. App.).”.
Sec. 574 Extension of deadline for GAO report on equal opportunity at the military service academies
addedadded Section 558 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended, in the matter preceding paragraph (1), by striking “one year after the date of the enactment of this Act” and inserting “May 31, 2022”.
Sec. 575 GAO review of extremist affiliations and activity among members of the Armed Forces on active duty
added
added
Review— The Comptroller General of the United States shall perform a review to determine the prevalence of extremist affiliations and activity among members of the Armed Forces on active duty. The review shall include the following elements:
added
Sources of information used by the Secretary of Defense and Secretaries of the military departments to determine extremist affiliations and activity, including the extent to which—
added
the Armed Forces have established methods for anonymous reporting of suspected extremist affiliations and activity;
added
the Armed Forces have established guidelines to help ensure that commanders properly investigate such reports;
added
reports of violence by members of the Armed Forces have been investigated for relation to extremist affiliations and activity;
added
members of the Armed Forces have been discharged or disciplinary actions because of extremist affiliations or activity; and
added
the Department of Defense tracking cases described in subparagraph (D).
added
The extent to which the Secretary of Defense and Secretaries of the military departments use information described in paragraph (1) in vetting members, including the extent to which—
added
recruiters have identified individuals with suspected extremist affiliations;
added
such individuals have received waivers; and
added
command climate surveys indicate a culture in the Armed Forces that supports extremist affiliations and activity.
added
The extent to which the Secretary of Defense and Secretaries of the military departments use information described in paragraph (1) in vetting members.
added
Procedures of the Department of Defense and the Armed Forces for identifying, responding to, and tracking reported instances of extremist affiliations and activity.
added
Efforts of the Secretary of Defense and Secretaries of the military departments to train personnel to identify and report members or recruits suspected of extremist affiliations or activity, including the extent to which—
added
commanders and recruiters trained to identify potential indicators of extremist affiliations (including tattoos); and
added
members are trained to identify and report indicators of extremist affiliations and activity in the Armed Forces or Department of Defense.
added
Any other matter that the Comptroller General determines relevant.
added
Report— Not later than March 31, 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review under this section.
Sec. 581 Semiannual reports regarding review of service records of certain veterans
added
added
In general— Section 586 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 7271 note) is amended—
added
by redesignating subsection (h) as subsection (i);
added
by inserting after subsection (g) the following new subsection (h):
added “(h) Semiannual reports
added “(1) Reports required—Not later than January 31 and July 31 each year, each Secretary of a military department shall submit to the appropriate committees of Congress a report regarding the review of service records under the jurisdiction of that Secretary pursuant to subsection (a).
added “(2) Elements—Each report under this subsection shall include the following:
added “(A) The number of service records identified for review.
added “(B) The number of service records reviewed during the preceding two calendar quarters.
added “(C) The number of service records reviewed to date.
added “(D) The number of full-time equivalent employees conducting reviews under subsection (a).
added “(E) The number of work hours employees described in subparagraph (D) spent reviewing service records during the preceding two calendar quarters.
added “(F) The number of work hours employees described in subparagraph (D) have spent reviewing service records to date.
added “(G) A summary of any consultation with or information provided by a veterans service organization under subsection (c) during the preceding two calendar quarters.
added “(H) A summary of any consultation with or information provided by a veterans service organization under subsection (c) to date.
added “(3) Termination—The reporting requirement under this subsection shall terminate for the Secretary of a military department after that Secretary certifies in writing to the appropriate committees of Congress that the Secretary has—
added “(A) completed the review of the service record of each covered veteran under the jurisdiction of that Secretary; and
added “(B) submitted every recommendation under subsection (d) and every notification under subsection (f) that the Secretary intends to submit.”
added
in subsection (i), as redesignated—
added
in the heading, by striking “Definition” and inserting “Definitions”;
added
by striking all that follows “section” and inserting a colon; and
added
by adding at the end the following:
added “(1) The term “Native American Pacific Islander” means a Native Hawaiian or Native American Pacific Islander, as those terms are defined in section 815 of the Native American Programs Act of 1974 (42 U.S.C. 2992c).
added “(2) The term “appropriate committees of Congress” means—
added “(A) The Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and
added “(B) The Committees on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.”
added
Deadline— The first report under subsection (h) of such section 586, as inserted by subsection (a), shall be due not later than July 31, 2022.
Sec. 582 Eligibility of veterans of Operation End Sweep for Vietnam Service Medal
addedadded The Secretary of the military department concerned may, upon the application of an individual who is a veteran who participated in Operation End Sweep, award that individual the Vietnam Service Medal.
Sec. 583 Establishment of the Atomic Veterans Service Medal
added
added
Service medal required— The Secretary of Defense shall design and produce a commemorative military service medal, to be known as the “Atomic Veterans Service Medal”, to honor retired and former members of the Armed Forces who are radiation-exposed veterans (as such term is defined in section 1112(c)(3) of title 38, United States Code).
added
Distribution of medal—
added
Issuance to retired and former members— At the request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Medal to the veteran.
added
Issuance to next-of-kin— In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Service Medal to the next-of-kin of the person.
added
Application— The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.
Sec. 584 Authorization for award of the Medal of Honor to Marcelino Serna for acts of valor during World War I
added
added
Authorization— Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may posthumously award the Medal of Honor under section 7272 of such title to Marcelino Serna for the acts of valor described in the subsection (b).
added
Acts of valor described— The acts of valor described in this subsection are the actions of Marcelino Serna as a private in the Army during World War I, for which he was previously awarded the Distinguished-Service Cross.
Sec. 591 Command climate assessments: independent review; reports
addedadded Section 587 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1561 note) is amended by adding at the end the following:
added “(d) Independent review—During fiscal year 2022 and annually thereafter, the Secretary of a military department shall establish an independent command climate review board (in this section referred to as an “ICCRB”) for each Armed Force under the jurisdiction of such Secretary.
added “(1) Duties—An ICCRB shall review the command climate, at each of no fewer than three military installations of the Armed Force concerned, regarding the following matters:
added “(A) Command climate survey results.
added “(B) Crime and other public safety issues.
added “(C) Prevention of, and responses to, crime at the military installation.
added “(D) Prevention of, and responses to, sexual assault and sexual harassment at the military installation.
added “(E) Discrimination and equal opportunity at the military installation.
added “(F) Suicides and other deaths of members serving at the military installation.
added “(G) Any other matter determined appropriate by the Secretary of the military department concerned or the ICCRB.
added “(2) Methods—An ICCRB shall conduct such review by means including—
added “(A) an anonymous survey;
added “(B) focus groups; and
added “(C) individual interviews.
added “(3) Membership—An ICCRB shall be composed of no fewer than six individuals—
added “(A) appointed by the Secretary of the military department concerned;
added “(B) with expertise determined to be relevant by such Secretary; and
added “(C) none of whom may be a member of an Armed Force or civilian employee of the Department of Defense.
added “(4) Selection of military installations—The Secretary of the military department concerned shall select, for review by an ICCRB, military installations that have—
added “(A) lower-than-average results on command climate surveys;
added “(B) higher-than-average crime rates;
added “(C) higher-than-average incidence of suicide;
added “(D) higher-than-average incidence of sexual assault and sexual harassment; and
added “(E) higher-than-average number of equal opportunity complaints.
added “(5) Coordination—The Secretary of Defense shall direct the Offices of People Analytics, and of Force Resiliency, of the Department of Defense, to coordinate with an ICCRB.
added “(6) Reports
added “(A) Not later than September 30, 2022, and annually thereafter, an ICCRB shall submit to the Secretary of the military department concerned a report containing the results of the most recent review conducted by the ICCRB and recommendations of the ICCRB to improve the climate command at the military installations reviewed.
added “(B) Not later than November 30, 2022, and annually thereafter, an ICCRB shall submit to the Committees on Armed Services of the Senate and House of Representatives the report under subparagraph (A).
added “(e) Reports—Not later than April 30, 2023, and annually thereafter—
added “(1) the Secretary of a military department shall submit to the Secretary of Defense a report containing, with respect to the most recent climate command assessment for each Armed Force under the jurisdiction of such Secretary of a military department—
added “(A) an analysis of responses, disaggregated by, with respect to respondents—
added “(i) military installation;
added “(ii) unit;
added “(iii) major organization (at the brigade or equivalent level);
added “(iv) major career fields (including combat arms, aviation, logistics, and medical);
added “(v) ranks, grouped into junior, mid-grade, and senior—
added “(I) enlisted; and
added “(II) officers (including warrant officers);
added “(vi) in the case of the Navy, sea duty and shore duty;
added “(vii) gender;
added “(viii) race; and
added “(ix) ethnicity; and
added “(B) actions taken and planned by the Secretary of a military department to improve negative responses and promote a positive command climate; and
added “(2) the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing, with respect to the most recent climate command assessment for each Armed Force—
added “(A) a summary of responses, disaggregated by, with respect to respondents—
added “(i) Armed Force;
added “(ii) military installation at which more than 5,000 members serve;
added “(iii) major organization (at the brigade or equivalent level);
added “(iv) major career fields (including combat arms, aviation, logistics, and medical);
added “(v) ranks, grouped into junior, mid-grade, and senior—
added “(I) enlisted; and
added “(II) officers (including warrant officers);
added “(vi) in the case of the Navy, sea duty and shore duty;
added “(vii) gender;
added “(viii) race; and
added “(ix) ethnicity; and
added “(B) actions taken and planned by the Secretary of Defense to improve negative responses and promote a positive command climate.”
Sec. 592 Healthy eating in the Department of Defense
added
added
Authorization of element of the Department of Defense; plan—
added
Establishment— The Secretary of Defense may establish an element of the Department of Defense responsible for implementing a plan to improve access to healthy food on military installations. If established, such element shall—
added
be modelled on the Healthy Base Initiative of the Department; and
added
include personnel with—
added
expertise in food service operations;
added
up-to-date knowledge of modern healthy food delivery systems; and
added
deep understanding of food service in the Department.
added
Plan— If implemented, the plan under paragraph (1) shall include—
added
leading practices from campus dining services at institutions of higher learning and private entities; and
added
lessons learned from previous efforts of the Secretary to make such improvements.
added
Pilot program—
added
Establishment— The Secretary may carry out a pilot program to develop and test appropriate business models that increase the availability, affordability, and acceptability of healthy foods in dining facilities of the Department.
added
Locations— For each Armed Force under the jurisdiction of the Secretary of a military department, the Secretary may establish a pilot program location at a military installation, located within the United States, of—
added
the regular component of such Armed Force; and
added
a reserve component of such Armed Force.
added
Meal card— A pilot program under this subsection shall include—
added
expansion of the use of meal cards by members outside of the primary dining facility at the military installation concerned; and
added
providing access to all personnel of such installation access to all dining venues at such installation.
added
Partnerships— The commander of each a military installation described in paragraph (2) may enter into an agreement with a local entity for the purposes of the pilot.
Sec. 593 Plant-based protein pilot program of the Navy
added
added
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.
added
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.
added
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).
added
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.
added
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:
added
The consumption rate of plant-based protein options by members of the Navy under the pilot program.
added
Effective criteria to increase plant-based protein options at naval facilities not identified under subsection (b).
added
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.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the Committee on Armed Services of the House of Representatives; and
added
the Committee on Armed Forces of the Senate.
added
Plant-based protein options— The term “plant-based protein options” means edible products made to approximate the taste and texture of livestock-based protein, or vegan or vegetarian meat alternative products made using plant and other non-livestock-based proteins that are consistent with the nutritional properties of meat products.
Sec. 594 Reports on misconduct by members of special operations forces
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, and every six months thereafter for five years, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding misconduct by members of special operations forces during the six months preceding the date of such report.
added
Special operations forces defined— In this section, the term “special operations forces” means forces described in section 167(j) of title 10, United States Code.
Sec. 595 Updates and preservation of memorials to chaplains at Arlington National Cemetery
added
added
Updates and preservation of memorials—
added
Protestant chaplains memorial— The Secretary of the Army may permit NCMAF—
added
to modify the memorial to Protestant chaplains located on Chaplains Hill to include a granite, marble, or other stone base for the bronze plaque of the memorial;
added
to add an additional plaque to the stone base added pursuant to subparagraph (A) to include the name of each chaplain, verified as described in subsection (b), who died while serving on active duty in the Armed Forces after the date on which the original memorial was placed; and
added
to make such other updates and corrections to the memorial that may be needed as determined by the Secretary.
added
Catholic and Jewish chaplain memorials— The Secretary of the Army may permit NCMAF to update and make corrections to the Catholic and Jewish chaplain memorials located on Chaplains Hill that may be needed as determined by the Secretary.
added
No cost to Federal Government— The activities of NCMAF authorized by this subsection shall be carried out at no cost to the Federal Government.
added
Verification of names— NCMAF may not include the name of a chaplain on a memorial on Chaplains Hill under subsection (a) unless that name has been verified by the Chief of Chaplains of the Army, Navy, or Air Force or the Chaplain of the United States Marine Corps, depending on the branch of the Armed Forces in which the chaplain served.
added
Prohibition on expansion of memorials— Except as provided in subsection (a)(1)(A), this section may not be construed as authorizing the expansion of any memorial that is located on Chaplains Hill as of the date of the enactment of this Act.
added
Definitions— In this section:
added
The term “Chaplains Hill” means the area in Arlington National Cemetery that, as of the date of the enactment of this Act, is generally identified and recognized as Chaplains Hill.
added
The term “NCMAF” means the National Conference on Ministry to the Armed Forces or any successor organization recognized in law for purposes of the operation of this section.
Sec. 601 Basic needs allowance for low-income regular members
added
added
In general— Chapter 7 of title 37, United States Code, is amended by inserting after section 402a the following new section:
added “402b. Basic needs allowance for low-income regular members
added “(a) Allowance required
added “(1) Subject to paragraph (2), the Secretary of Defense shall pay to each covered member a basic needs allowance in the amount determined for such member under subsection (b).
added “(2) In the event a household contains two or more covered members entitled to receive the allowance under this section in a given year, only one allowance may be paid for that year to a covered member among such covered members whom such covered members shall jointly elect.
added “(b) Amount of allowance for a covered member
added “(1) The amount of the monthly allowance payable to a covered member under subsection (a) for a year shall be the aggregate amount equal to—
added “(A) the aggregate amount equal to—
added “(i) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the household of the covered member for such year; minus
added “(ii) the gross household income of the covered member during the preceding year; and
added “(B) divided by 12.
added “(2) The monthly allowance payable to a covered member for a year shall be payable for each of the 12 months following March of such year.
added “(c) Notice of eligibility
added “(1)
added “(A) Not later than December 31 each year, the Director of the Defense Finance and Accounting Service shall notify, in writing, each individual whom the Director estimates will be a covered member during the following year of the potential entitlement of that individual to the allowance described in subsection (a) for that following year.
added “(B) The preliminary notice under subparagraph (A) shall include information regarding financial management and assistance programs administered by the Secretary of Defense for which a covered member is eligible.
added “(2) Not later than January 31 each year, each individual who seeks to receive the allowance for such year (whether or not subject to a notice for such year under paragraph (1)) shall submit to the Director such information as the Director shall require for purposes of this section in order to determine whether or not such individual is a covered member for such year.
added “(3) Not later than February 28 each year, the Director shall notify, in writing, each individual the Director determines to be a covered member for such year.
added “(d) Election not To receive allowance
added “(1) A covered member otherwise entitled to receive the allowance under subsection (a) for a year may elect, in writing, not to receive the allowance for such year. Any election under this subsection shall be effective only for the year for which made. Any election for a year under this subsection is irrevocable.
added “(2) A covered member who does not submit information described in subsection (d)(2) for a year as otherwise required by that subsection shall be deemed to have elected not to receive the allowance for such year.
added “(e) Definitions—In this section:
added “(1) The term “covered member” means a regular member of an armed force under the jurisdiction of the Secretary of a military department—
added “(A) who has completed initial entry training;
added “(B) whose gross household income during the most recent year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the household of the covered member for such year; and
added “(C) who does not elect under subsection (d) not to receive the allowance for such year.
added “(2) The term “gross household income” of a covered member for a year for purposes of paragraph (1)(B) does not include any basic allowance for housing received by the covered member (and any dependents of the covered member in the household of the covered member) during such year under section 403 of this title.
added “(f) Regulations—The Secretary of Defense shall prescribe regulations for the administration of this section. Subject to subsection (e)(2), such regulations shall specify the income to be included in, and excluded from, the gross household income of individuals for purposes of this section.”
added
Clerical amendment— The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 402a the following new item:
Sec. 602 Equal incentive pay for members of the reserve components of the Armed Forces
added
added
In general— Subchapter II of chapter 5 of title 37, United States Code, is amended by adding at the end the following new section:
added “357. Incentive pay authorities for members of the reserve components of the armed forces
added “Notwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills.”
added
Technical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 356 the following:
added
Report— Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services a report regarding the plan of the Secretary to implement section 357 of such title, as added by subsection (a), an estimate of the costs of such implementation, and the number of members described in such section.
Sec. 603 Expansions of certain travel and transportation authorities
added
added
Lodging in kind for reserve component members performing training—
added
In general— Section 12604 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(c) Lodging in kind
added “(1) In the case of a member of a reserve component performing active duty for training or inactive-duty training who is not otherwise entitled to travel and transportation allowances in connection with such duty, the Secretary concerned may reimburse the member for housing service charge expenses incurred by the member in occupying transient government housing during the performance of such duty. If transient government housing is unavailable or inadequate, the Secretary concerned may provide the member with lodging in kind.
added “(2) Any payment or other benefit under this subsection shall be provided in accordance with regulations prescribed by the Secretary concerned.
added “(3) The Secretary may pay service charge expenses under paragraph (1) and expenses of providing lodging in kind under such paragraph out of funds appropriated for operation and maintenance for the reserve component concerned. Use of a Government charge card is authorized for payment of these expenses.
added “(4) Decisions regarding the availability or adequacy of government housing at a military installation under paragraph (1) shall be made by the installation commander.”
added
Conforming amendment— Section 474 of title 37, United States Code, is amended by striking subsection (i).
added
Mandatory pet quarantine fees for household pets— Section 451(b)(8) of title 37, United States Code, is amended by adding at the end the following: “Such costs include pet quarantine expenses.”.
added
Student dependent transportation—
added
In general— Section 452(b) of title 37, United States Code, is amended by adding at the end the following new paragraphs:
added “(18) Travel by a dependent child to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is outside the continental United States (other than in Alaska or Hawaii).
added “(19) Travel by a dependent child within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.”
added
Definitions— Section 451 of title 37, United States Code, as amended by subsection (b) of this section, is amended—
added
in subsection (a)(2)(H), by adding at the end the following new clauses:
added “(vii) Transportation of a dependent child of a member of the uniformed services to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is outside the continental United States (other than in Alaska or Hawaii).
added “(viii) Transportation of a dependent child of a member of the uniformed services within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.”
added
in subsection (b), by adding at the end the following new paragraph:
added “(10)
added “(A) The term “permanent duty assignment location” means—
added “(i) the official station of a member of the uniformed services; or
added “(ii) the residence of a dependent of a member of the uniformed services.
added “(B) As used in subparagraph (A)(ii), the residence of a dependent who is a student not living with the member while at school is the permanent duty assignment location of the dependent student.”
added
Dependent transportation incident to ship construction, inactivation, and overhauling—
added
In general— Section 452 of title 37, United States Code, as amended by subsection (c) of this section, is further amended—
added
in subsection (b), by adding at the end the following new paragraph:
added “(20) Subject to subsection (i), travel by a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.”
added
by adding at the end the following new subsection:
added “(i) Dependent transportation incident to ship construction, inactivation, and overhauling—The authority under subsection (a) for travel in connection with circumstances described in subsection (b)(19) shall be subject to the following terms and conditions:
added “(1) The Service member must be permanently assigned to the ship for 31 or more consecutive days to be eligible for allowances, and the transportation allowances accrue on the 31st day and every 60 days thereafter.
added “(2) Transportation in kind, reimbursement for personally procured transportation, or a monetary allowance for mileage in place of the cost of transportation may be provided, in lieu of the member’s entitlement to transportation, for the member’s dependents from the location that was the home port of the ship before commencement of overhaul or inactivation to the port of overhaul or inactivation.
added “(3) The total reimbursement for transportation for the member’s dependents may not exceed the cost of one Government-procured commercial round-trip travel.”
added
Definitions— Section 451(a)(2)(H) of title 37, United States Code, as amended by subsection (c) of this section, is further amended by adding at the end the following new clause:
added “(ix) Transportation of a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.”
Sec. 604 Unreimbursed moving expenses for members of the Armed Forces: report; policy
added
added
Report— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on unreimbursed moving expenses incurred by members of the Armed Forces and their families, disaggregated by Armed Force, rank, and military housing area. In such report, the Secretary shall examine the root causes of such unreimbursed expenses.
added
Policy— The Secretary shall establish a uniform policy regarding unreimbursed expenses described in subsection (a).
Sec. 605 Report on relationship between basic allowance for housing and sizes of military families
addedadded Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on whether the basic allowance for housing under section 403 of title 37, United States Code, is sufficient for the average family size of members of the Armed Forces, disaggregated by Armed Force, rank, and military housing area.
Sec. 606 Report on temporary lodging expenses in competitive housing markets
addedadded Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the appropriateness of the maximum payment period of 10 days under subsection (c) of section 474a of title 37, United States Code in highly competitive housing markets. Such report shall include how the Secretary educates members of the Armed Forces and their families about their ability to request payment under such section.
Sec. 607 Report on rental partnership programs
added
added
Report required— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the rental partnership programs of the Armed Forces. Such report shall include—
added
the numbers and percentages of members of the Armed Forces who do not live in housing located on military installations who participate in such programs; and
added
the recommendation of the Secretary whether Congress should establish annual funding for such programs and, if so, what in amounts.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:
added
The Committee on Armed Services of the House of Representatives.
added
The Committee on Armed Services of the Senate.
added
The Committee on Transportation and Infrastructure of the House of Representatives.
added
The Committee on Commerce, Science, and Transportation of the Senate.
Sec. 611 One-year extension of certain expiring bonus and special pay authorities
added
added
Authorities relating to reserve forces— Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking “December 31, 2021” and inserting “December 31, 2022”.
added
Title 10 authorities relating to health care professionals— The following sections of title 10, United States Code, are amended by striking “December 31, 2021” and inserting “December 31, 2022”:
added
Section 2130a(a)(1), relating to nurse officer candidate accession program.
added
Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
added
Authorities relating to nuclear officers— Section 333(i) of title 37, United States Code, is amended by striking “December 31, 2021” and inserting “December 31, 2022”.
added
Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities— The following sections of title 37, United States Code, are amended by striking “December 31, 2021” and inserting “December 31, 2022”:
added
Section 331(h), relating to general bonus authority for enlisted members.
added
Section 332(g), relating to general bonus authority for officers.
added
Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
added
Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
added
Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.
added
Section 351(h), relating to hazardous duty pay.
added
Section 352(g), relating to assignment pay or special duty pay.
added
Section 353(i), relating to skill incentive pay or proficiency bonus.
added
Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
added
Authority to provide temporary increase in rates of basic allowance for housing— Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2021” and inserting “December 31, 2022”.
Sec. 621 Expansion of parental leave for members of the Armed Forces
added
added
Expansion— Section 701 of title 10, United States Code, is amended—
added
in subsection (i)—
added
in paragraph (1)—
added
in subparagraph (A), by striking “twelve weeks” and inserting “18 weeks”;
added
in subparagraph (B), by striking “six weeks” and inserting “12 weeks”; and
added
by adding at the end the following new subparagraph:
added “(C) Under the regulations prescribed for purposes of this subsection, a member of the armed forces described in paragraph (2) who is the primary caregiver in the case of a long-term placement of a foster child is allowed up to 12 weeks of total leave to be used in connection with such placement, subject to limits as determined by the Secretary regarding—
added “(i) the total number of times that a member of the armed forces may use leave under this section with respect to the placement of a foster child; and
added “(ii) the frequency with which a member of the armed forces may use leave under this section with respect to the placement of a foster child.”
added
in paragraph (5), by striking “birth or adoption” and inserting “birth, adoption, or foster child placement”; and
added
in paragraph (6)(A), by striking “birth or adoption” and inserting “birth, adoption, or foster child placement”;
added
in subsection (j)—
added
in paragraph (1), by striking “21 days” and inserting “12 weeks”;
added
by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively;
added
by inserting, after paragraph (1), the following new paragraph (2):
added “(2) Under the regulations prescribed for purposes of this subsection, a member of the armed forces described in subsection (i)(2) who is the secondary caregiver in the case of a long-term placement of a foster child is allowed up to 12 weeks of total leave to be used in connection with such placement, subject to limits as determined by the Secretary regarding—
added “(A) the total number of times that a member of the armed forces may use leave under this section with respect to the placement of a foster child; and
added “(B) the frequency with which a member of the armed forces may use leave under this section with respect to the placement of a foster child.”
added
in paragraph (4), as redesignated, by striking “only in one increment in connection with such birth or adoption” and inserting “in more than one increment in connection with such birth, adoption, or foster child placement in accordance with regulations prescribed by the Secretary of Defense”; and
added
by adding at the end the following new paragraph (6):
added “(6) Under regulations prescribed for purposes of this subsection, the Secretary shall provide a member of the armed forces described in subsection (i)(2), who would have been a secondary caregiver but for a miscarriage, stillbirth, or infant death, with leave—
added “(A) in addition to leave under subsection (a); and
added “(B) not to exceed the amount of leave under paragraph (1).”
added
in subsection (l), by inserting “ordered to temporary duty overnight travel, or ordered to participate in physically demanding field training exercises,” before “during”; and
added
by adding at the end the following new subsection (m):
added “(m) A member of the armed forces who gives birth while on active duty may be required to meet body composition standards or pass a physical fitness test during the period of 12 months beginning on the date of such birth only with the approval of a health care provider employed at a military medical treatment facility and—
added “(1) at the election of such member; or
added “(2) in the interest of national security, as determined by the Secretary of Defense.”
added
Regulations; guidance and policies—
added
Regulations— The Secretary of Defense shall prescribe regulations—
added
for leave under subsection (i)(1)(C) and subsection (j)(2) of section 701 of title 10, United States Code, as amended by subsection (a), not later than one year after the date of the enactment of this Act;
added
that establish leave, consistent across the Armed Forces, under subsection (j)(6) of such section not later than one year after the date of the enactment of this Act; and
added
that establish convalescent leave, consistent across the Armed Forces, under subsection (i)(1) of such section not later than 180 days after the date of the enactment of this Act.
added
Guidance and policies— Each Secretary of a military department shall prescribe—
added
policies to establish the maximum amount of leave under subsection (i)(1) of section 701 of title 10, United States Code, as amended by subsection (a), not later than one year after the date of the enactment of this Act;
added
policies to implement leave under subsection (i)(5) or (j)(4) of such section not later than 180 days after the date of the enactment of this Act;
added
policies to implement not less than 21 days of leave pursuant to regulations prescribed under paragraphs (1) and (2) of subsection (j) of such section not later than one year after the date of the enactment of this Act; and
added
policies to implement the maximum amount of leave pursuant to regulations prescribed under paragraphs (1) and (2) of subsection (j) of such section not later than five years after the date of the enactment of this Act.
added
Reporting— Not later than January 1, 2023, and annually thereafter, each Secretary of a military department shall submit to the appropriate congressional committees a report containing the following:
added
The use, during the preceding fiscal year, of leave under subsections (i) and (j) of section 701 of title 10, United States Code, as amended by subsection (a), disaggregated by births, adoptions, and foster placements, including—
added
the number of members in each Armed Force under the jurisdiction of the Secretary who became primary caregivers;
added
the number of members in each Armed Force under the jurisdiction of the Secretary who became secondary caregivers;
added
the number of primary caregivers who used primary caregiver leave;
added
the number of secondary caregivers who used secondary caregiver leave;
added
the number of primary caregivers who used the maximum amount of primary caregiver leave;
added
the number of secondary caregivers who used the maximum amount of secondary caregiver leave;
added
the number of primary caregivers who utilized primary caregiver leave in multiple increments;
added
the number of secondary caregivers who utilized primary caregiver leave in multiple increments;
added
the median duration of primary caregiver leave used by primary caregivers;
added
the median duration of secondary caregiver leave used by secondary caregivers; and
added
other information the Secretary determines appropriate.
added
An analysis of the effect of leave described in paragraph (1) on—
added
readiness; and
added
retention.
added
Any actions taken by the Secretary to mitigate negative effects described in paragraph (2).
added
The number of members deployed under each paragraph of subsection (l) of section 701 of title 10, United States Code, as amended by subsection (a).
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
The Committee on Armed Services of the House of Representatives.
added
The Committee on Armed Services of the Senate.
added
The Committee on Transportation and Infrastructure of the House of Representatives.
added
The Committee on Commerce, Science, and Transportation of the Senate.
Sec. 622 Transitional compensation and benefits for the former spouse of a member of the Armed Forces who allegedly committed a dependent-abuse offense during marriage
added
added
In general— Section 1059 of title 10, United States Code, is amended—
added
in the heading—
added
by striking “separated for” and inserting “who commit”; and
added
by inserting “; health care” after “exchange benefits”;
added
in subsection (b)—
added
in the heading, by striking “Punitive and Other Adverse Actions Covered” and inserting “Covered members”;
added
in paragraph (2), by striking “offense.” and inserting “offense; or”; and
added
by adding at the end the following new paragraph:
added “(3) who is not described in paragraph (1) or (2) and whose former spouse alleges that the member committed a dependent-abuse offense—
added “(A) during the marriage to the former spouse;
added “(B) for which the applicable statute of limitations has not lapsed; and
added “(C) that an incident determination committee determines meets the criteria for abuse.”
added
in subsection (e)(1)—
added
in subparagraph (A)(ii), by striking “; and” and inserting a semicolon;
added
in subparagraph (B), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new subparagraph:
added “(C) in the case of a member described in subsection (b)(3), shall commence upon the date of the final decree of divorce, dissolution, or annulment of that member from the former spouse described in such subsection.”
added
by adding at the end the following new subsection:
added “(n) Health care for certain former spouses—The Secretary concerned shall treat a former spouse described in subsection (b)(3) as an abused dependent described in section 1076(e) of this title.”
added
Technical amendment— The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1059 and inserting the following:
added
Effective date— The amendments made by this Act shall apply to a former spouse described in subsection (b)(3) of such section 1059, as added by subsection (a)(2) of this section, whose final decree of divorce, dissolution, or annulment described in subsection (e)(1)(C) of such section 1059, as added by subsection (a)(3) of this section, is issued on or after the date of the enactment of this Act.
Sec. 623 Claims relating to the return of personal effects of a deceased member of the Armed Forces
addedadded Section 1482(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added “(11)
added “(A) Delivery of personal effects of a decedent to the next of kin or other appropriate person.
added “(B) If the Secretary concerned enters into an agreement with an entity to carry out subparagraph (A), the Secretary concerned shall pursue a claim against such entity that arises from the failure of such entity to substantially perform such subparagraph.
added “(C) If an entity described in subparagraph (B) fails to substantially perform subparagraph (A) by damaging, losing, or destroying the personal effects of a decedent, the Secretary concerned shall reimburse the person designated under subsection (c) the fair market value of the damage, loss, or destruction of such personal effects. The Secretary concerned may request from, the person designated under subsection (c), proof of fair market value and ownership of the personal effects.”
Sec. 624 Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care
addedadded Section 589(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
added
by inserting “(1)” before “The Secretary”; and
added
by adding at the end the following new paragraph:
added “(2) The Secretary may carry out the pilot program at other locations the Secretary determines appropriate.”
Sec. 625 Continuation of paid parental leave for a member of the Armed Forces upon death of child
addedadded 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. 626 Casualty assistance program: reform; establishment of working group
added
added
Casualty Assistance Reform Working Group—
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”).
added
Duties— The Working Group shall perform the following duties:
added
Create standards and training for CAOs across the military departments.
added
Explore the possibility of establishing a unique badge designation for—
added
CAOs who have performed CAO duty more than five times; or
added
professional CAOs.
added
Commission a 30-day study that—
added
documents the current workflow of casualty affairs support across the military departments, including administrative processes and survivor engagements; and
added
performs a gap analysis and solution document that clearly identifies and prioritizes critical changes to modernize and professionalize the casualty experience for survivors.
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.
added
Explore the establishment of—
added
an annual meeting, led by the Secretary of Defense, with gold star families; and
added
a surviving and gold star family leadership council.
added
Recommend improvements to the family notification process of Arlington National Cemetery.
added
Explore the redesign of the Days Ahead Binder, including creating an electronic version.
added
Consider the expansion of the DD Form 93 to include more details regarding the last wishes of the deceased member.
added
Assess coordination between the Department of Defense and the Office of Survivors Assistance of the Department of Veterans Affairs.
added
Membership— The membership of the Working Group shall be comprised of the following:
added
The Under Secretary of Defense for Personnel and Readiness, who shall serve as Chair of the Working Group.
added
One individual from each Armed Force, appointed by the Secretary of the military department concerned, who is—
added
a civilian employee in the Senior Executive Service; or
added
an officer in a grade higher than O-6.
added
One individual from the Joint Staff, appointed by the Secretary of Defense, who is—
added
a civilian employee in the Senior Executive Service; or
added
an officer in a grade higher than O-6.
added
The Director of the Defense Prisoner of War and Missing in Action Accounting Agency.
added
The Director of the Defense Health Agency (or the designee of such Director).
added
The Chief of Chaplains of each Armed Force.
added
Such other members of the Armed Forces or civilian employees of the Department of Defense whom the Secretary of Defense determines to appoint.
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.
added
Termination— The Working Group shall terminate upon submission of the report under paragraph (4).
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.
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”.
added
CAO defined— In this section, the term “CAO” means a casualty assistance officer of the Armed Forces.
Sec. 631 Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores
addedadded Section 2484(h) of title 10, United States Code, is amended—
added
in paragraph (5), by adding at the end the following new subparagraphs:
added “(F) Amounts made available for any purpose set forth in paragraph (1) pursuant to an agreement with a host nation.
added “(G) Amounts appropriated for repair or reconstruction of a commissary store in response to a disaster or emergency.”
added
by adding at the end the following new paragraph:
added “(6) Revenues made available under paragraph (5) for the purposes set forth in paragraphs (1), (2), and (3) may be supplemented with additional funds derived from—
added “(A) improved management practices implemented pursuant to sections 2481(c)(3), 2485(b), and 2487(c) of this title; and
added “(B) the variable pricing program implemented pursuant to subsection (i).”
Sec. 641 Electronic or online notarization for members of the Armed Forces
addedadded Section 1044a of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(e)
added “(1) A person named in subsection (b) may exercise the powers described in subsection (a) through electronic or online means, including under circumstances where the individual with respect to whom such person is performing the notarial act is not physically present in the same location as such person.
added “(2) A determination of the authenticity of a notarial act authorized in this section shall be made without regard to whether the notarial act was performed through electronic or online means.
added “(3) A log or journal of a notarial act authorized in this section shall be considered for evidentiary purposes without regard to whether the log or journal is in electronic or online form.”
Sec. 701 Improvement of postpartum care for certain members of the Armed Forces and dependents
added
added
Postpartum care for certain members and dependents—
added
Postpartum care— Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section:
added “1074p. Postpartum care for certain members and dependents
added “(a) Postpartum mental health assessments
added “(1) At the intervals described in paragraph (2), and upon the consent of the covered individual, the Secretary shall furnish to a covered individual postpartum mental health assessments, which shall include screening questions related to postpartum anxiety and postpartum depression.
added “(2) The intervals described in this subparagraph are, with respect to the date on which the covered individual gives birth, as follows:
added “(A) One month after such date.
added “(B) Two months after such date.
added “(C) Four months after such date.
added “(D) Six months after such date.
added “(3) The Secretary may adjust the intervals described in paragraph (2) as the Secretary determines appropriate, taking into account the recommendations of established professional medical associations such as the American Academy of Pediatrics.
added “(4) Postpartum mental health assessments furnished under paragraph (1) may be provided concurrently with the well-child visits for the infant of the covered individual, including with respect to the initial well-child visit specified in subsection (c).
added “(b) Pelvic health
added “(1) Prior to the initial postpartum discharge of a covered individual from the military medical treatment facility at which the covered individual gave birth, the Secretary shall furnish to the covered individual a medical evaluation for pelvic health.
added “(2) The Secretary shall ensure that if, as the result of an evaluation furnished pursuant to paragraph (1), the health care provider who provided such evaluation determines that physical therapy for pelvic health (including the pelvic floor) is appropriate, a consultation for such physical therapy is provided upon discharge and in connection with a follow-up appointment of the covered individual for postpartum care that occurs during the period that is six to eight weeks after the date on which the covered individual gives birth.
added “(3) Consultations offered pursuant to paragraph (2) shall be conducted in-person wherever possible, but if the Secretary determines that a covered individual for whom the consultation is offered is located in a geographic area with an inadequate number of physical therapists or health professionals trained in providing such consultations, the consultation may be provided through a telehealth appointment.
added “(c) Concurrent scheduling of certain appointments—The Secretary shall ensure that there is provided within each military medical treatment facility an option for any covered individual who has given birth at the facility, and who is eligible to receive care at the facility, to schedule a follow-up appointment for postpartum care of the covered individual that is concurrent with the date of the initial well-child visit for the infant of the covered individual.
added “(d) Definitions—In this section:
added “(1) The term “covered individual” means a member of the armed forces (including the reserve components) performing active service, or a dependent of such member, who is entitled to medical care under this chapter.
added “(2) The term “well-child visit” means a regularly scheduled medical appointment with a pediatrician for the general health and development of a child, as recommended by the American Academy of Pediatrics or a similarly established professional medical association.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074o the following new item:
added
Effective date and applicability— The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply with respect to births that occur on or after the date that is six months after the date of the enactment of this Act.
added
Standardized policies— Not later than after 180 days after the date of the enactment of this Act, the Secretary of Defense shall—
added
develop a standardized policy under which neither a member of the Armed Forces who gives birth while on active duty, nor a member of the reserve components who gives birth (regardless of whether such birth occurs while the member of the reserve components is performing active service), may be required to take a physical fitness test until the date that is one year after the date on which such member gave birth;
added
develop a standardized policy for postpartum body composition assessments with respect to such members; and
added
ensure the policies developed under paragraphs (1) and (2) are implemented uniformly across each of the Armed Forces.
added
Pilot program to streamline postpartum appointments—
added
Pilot program— The Secretary shall carry out a one-year pilot program to further streamline the process of scheduling postpartum appointments at military medical treatment facilities by reducing the number of distinct visits required for such appointments.
added
Streamlining of appointments— In carrying out the pilot program under paragraph (1), the Secretary shall ensure that there is provided within each military medical treatment facility selected under paragraph (3) an option for covered individuals who have recently given birth at the facility, and who are eligible to receive care at the facility, to receive a physical therapy evaluation in connection with each appointment provided by the facility for postpartum care of the covered individual or for care of the infant of the covered individual, including such appointments provided concurrently pursuant to section 1074p(c) of title 10, United 25 States Code (as added by subsection (a)).
added
Selection— The Secretary shall select not fewer than three military medical treatment facilities from each military department at which to carry out the pilot program under paragraph (1). In making such selection—
added
the Secretary may not select a military medical treatment facility that already provides covered individuals with the option to receive a physical therapy evaluation as specified in paragraph (2); and
added
the Secretary shall ensure geographic diversity with respect to the location of the military medical treatment facilities, including by considering for selection military medical treatment facilities located outside of the United States.
added
Report— Not later than one year after the commencement of the pilot program under paragraph (1), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the effectiveness of the pilot program. Such report shall include—
added
a recommendation by the Secretary on whether to expand or extend the pilot program; and
added
a summary of the findings that led to such recommendation.
added
Covered individual defined— In this subsection, the term “covered individual” has the meaning given such term in section 1074p(d) of title 10, United States Code (as added by subsection (a)).
added
Pelvic health at military medical treatment facilities— The Secretary shall take such steps as are necessary to increase the capacity of military medical treatment facilities to provide pelvic health rehabilitation services, including by increasing the number of physical therapists employed at such facilities who are trained in pelvic health rehabilitation.
added
Review of pelvic health rehabilitation programs—
added
Review— The Secretary shall conduct a review of any current pelvic health rehabilitation programs of the Department of Defense, including an evaluation of the outcomes of any such programs.
added
Report— Not later than nine months after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the findings of the review under paragraph (1).
added
Guidance on obstetric hemorrhage treatment— Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance on the development and implementation of standard protocols across the military health system for the treatment of obstetric hemorrhages, including through the use of pathogen reduced resuscitative blood products.
Sec. 702 Eating disorders treatment for certain members of the Armed Forces and dependents
added
added
Eating disorders treatment for certain dependents— Section 1079 of title 10, United States Code, is amended—
added
in subsection (a), by adding at the end the following new paragraph:
added “(18) Treatment for eating disorders may be provided in accordance with subsection (r).”
added
by adding at the end the following new subsection:
added “(r)
added “(1) The provision of health care services for an eating disorder under subsection (a)(18) shall include the following services:
added “(A) Inpatient services, including residential services.
added “(B) Outpatient services for in-person or telehealth care, including partial hospitalization services and intensive outpatient services.
added “(2) A dependent may be provided health care services for an eating disorder under subsection (a)(18) without regard to—
added “(A) the age of the dependent, except with respect to residential services under paragraph (1)(A), which may be provided only to a dependent who is not eligible for hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); and
added “(B) whether the eating disorder is the primary or secondary diagnosis of the dependent.
added “(3) In this section, the term eating disorder has the meaning given the term “feeding and eating disorders” in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (or successor edition), published by the American Psychiatric Association.”
added
Limitation with respect to retirees—
added
In general— Section 1086(a) of title 10, Untied States Code, is amended by inserting “and (except as provided in subsection (i)) treatments for eating disorders” after “eye examinations”.
added
Exception— Such section is further amended by adding at the end the following new subsection:
added “(i) If, prior to October 1, 2022, a category of persons covered by this section was eligible to receive a specific type of treatment for eating disorders under a plan contracted for under subsection (a), the general prohibition on the provision of treatments for eating disorders specified in such subsection shall not apply with respect to the provision of the specific type of treatment to such category of persons.”
added
Identification and treatment of eating disorders for members of the Armed Forces—
added
In general— Section 1090 of title 10, United States Code, is amended—
added
in the heading, by inserting “eating disorders and” after “treating”;
added
by striking “The Secretary of Defense” and inserting the following:
added “(a) Identification and treatment of eating disorders and drug and alcohol dependence—Except as provided in subsection (b), the Secretary of Defense”
added
by inserting “have an eating disorder or” before “are dependent on drugs or alcohol”; and
added
by adding at the end the following new subsections:
added “(b) Facilities available to individuals with eating disorders—For purposes of this section, “necessary facilities” described in subsection (a) shall include, with respect to individuals who have an eating disorder, facilities that provide the services specified in section 1079(r)(1) of this title.
added “(c) Eating disorder defined—In this section, the term eating disorder has the meaning given that term in section 1079(r) of this title.”
added
Clerical amendment— The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1090 and inserting the following new item:
added
Effective date— The amendments made by this section shall take effect on October 1, 2022.
Sec. 703 Modifications relating to coverage of telehealth services under TRICARE program and other matters
added
added
Coverage of telehealth services under TRICARE program during certain health emergencies—
added
Coverage during health emergencies— Chapter 55 of title 10, United States Code, is amended by inserting after section 1076f the following new section:
added “1076g. TRICARE program: coverage of telehealth services during certain health emergencies
added “(a) Telehealth coverage requirements—During a covered health emergency—
added “(1) no cost sharing amount (including copayments and deductibles, as applicable) may be charged under the TRICARE program to a covered beneficiary for a telehealth service;
added “(2) telehealth appointments that involve audio communication shall be considered to be telehealth appointments for purposes of coverage under the TRICARE program, notwithstanding that such appointments do not involve video communication; and
added “(3) the Secretary of Defense may reimburse providers of telehealth services under the TRICARE program for the provision of such services to covered beneficiaries regardless of whether the provider is licensed in the State in which the covered beneficiary is located.
added “(b) Application to overseas providers—Subsection (a)(3) shall apply with respect to a provider located in a foreign country if the provider holds a license to practice that is determined by the Secretary to be an equivalent to a U.S. license and the provider is authorized to practice by the respective foreign government.
added “(c) Extension—The Secretary may extend the coverage requirements under subsection (a) for a period of time after the date on which a covered health emergency terminates, as determined appropriate by the Secretary.
added “(d) Covered health emergency defined—In this section, the term “covered health emergency” means a national emergency or disaster related to public health that is declared pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), section 319 of the Public Health Service Act (42 U.S.C. 247d), or any other Federal law determined relevant by the Secretary.”
added
Clerical amendment— Such chapter is further amended in the table of sections by inserting after the item relating to section 1076f the following new item:
added
Application and extension for COVID–19—
added
Application— The amendments made by paragraph (1) shall apply with respect to the emergency declared by the President on March 13, 2020, pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to the coronavirus disease 2019 (COVID–19).
added
Extension— The Secretary shall extend the telehealth coverage requirements pursuant to section 1074g(c) of title 10, United States Code, as added by paragraph (1), until the date that is 180 days after the date on which the emergency specified in subparagraph (A) terminates.
added
Pilot program to place certain retired members of the Armed Forces in the Ready Reserve; pay—
added
Authority—
added
In general— Notwithstanding section 10145 of title 10, United States Code, the Secretary of a military department may prescribe regulations to carry out a pilot program under which a retired member of a regular component of the Armed Forces entitled to retired pay may be placed in the Ready Reserve if the Secretary concerned—
added
determines that the retired member has more than 20 years of creditable service in that regular component; and
added
makes a special finding that the member possesses a skill in which the Ready Reserve of the Armed Force concerned has a critical shortage of personnel.
added
Limitation on delegation— The authority of the Secretary concerned under subparagraph (A) may not be delegated—
added
to a civilian officer or employee of the military department concerned below the level of Assistant Secretary; or
added
to a member of the Armed Forces below the level of the lieutenant general or vice admiral in an Armed Force with responsibility for military personnel policy in that Armed Force.
added
Pay for duties performed in the Ready Reserve in addition to retired pay— Notwithstanding section 12316 of such title 10, a member placed in the Ready Reserve under paragraph (1) may receive—
added
retired pay; and
added
the pay and allowances authorized by law for duty that member performs.
added
Termination— A pilot program under this subsection shall terminate not later than four years after the date of the enactment of this Act.
added
Report— Not later than 90 days after a pilot program terminates under paragraph (3), the Secretary concerned shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding such pilot program, including the recommendation of the Secretary concerned whether such pilot program should be made permanent.
added
Survivor benefit plan open enrollment period—
added
Persons not currently participating in survivor benefit plan—
added
Election of SBP coverage— An eligible retired or former member may elect to participate in the Survivor Benefit Plan during the open enrollment period specified in paragraph (4).
added
Eligible retired or former member— For purposes of subparagraph (A), an eligible retired or former member is a member or former member of the uniformed services who, on the day before the first day of the open enrollment period, discontinued participation in the Survivor Benefit Plan under section 1452(g) of title 10, United States Code, and—
added
is entitled to retired pay; or
added
would be entitled to retired pay under chapter of title 10, United States Code (or chapter 67 of such title as in effect before October 5, 1994), but for the fact that such member or former member is under 60 years of age.
added
Status under SBP of persons making elections—
added
Standard annuity— A person making an election under subparagraph (A) by reason of eligibility under subparagraph (B)(i) shall be treated for all purposes as providing a standard annuity under the Survivor Benefit Plan.
added
Reserve-component annuity— A person making an election under subparagraph (A) by reason of eligibility under subparagraph (B)(ii) shall be treated for all purposes as providing a reserve-component annuity under the Survivor Benefit Plan.
added
Manner of making elections—
added
In general— An election under this subsection must be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Except as provided in subparagraph (B), any such election shall be made subject to the same conditions, and with the same opportunities for designation of beneficiaries and specification of base amount, that apply under the Survivor Benefit Plan. A person making an election under paragraph (1) to provide a reserve-component annuity shall make a designation described in section 1448(e) of title 10, United States Code.
added
Election must be voluntary— An election under this subsection is not effective unless the person making the election declares the election to be voluntary. An election to participate in the Survivor Benefit Plan under this subsection may not be required by any court. An election to participate or not to participate in the Survivor Benefit Plan is not subject to the concurrence of a spouse or former spouse of the person.
added
Effective date for elections— Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned.
added
Open enrollment period defined— The open enrollment period is the period beginning on the date of the enactment of this Act and ending on January 1, 2023.
added
Applicability of certain provisions of law— The provisions of sections 1449, 1453, and 1454 of title 10, United States Code, are applicable to a person making an election, and to an election, under this subsection in the same manner as if the election were made under the Survivor Benefit Plan.
added
Premiums for open enrollment election—
added
Premiums to be charged— The Secretary of Defense shall prescribe in regulations premiums which a person electing under this subsection shall be required to pay for participating in the Survivor Benefit Plan pursuant to the election. The total amount of the premiums to be paid by a person under the regulations shall be equal to the sum of—
added
the total amount by which the retired pay of the person would have been reduced before the effective date of the election if the person had elected to participate in the Survivor Benefit Plan (for the same base amount specified in the election) at the first opportunity that was afforded the member to participate under chapter 73 of title 10, United States Code;
added
interest on the amounts by which the retired pay of the person would have been so reduced, computed from the dates on which the retired pay would have been so reduced at such rate or rates and according to such methodology as the Secretary of Defense determines reasonable; and
added
any additional amount that the Secretary determines necessary to protect the actuarial soundness of the Department of Defense Military Retirement Fund against any increased risk for the fund that is associated with the election.
added
Premiums to be credited to retirement fund— Premiums paid under the regulations shall be credited to the Department of Defense Military Retirement Fund.
added
Definitions— In this subsection:
added
The term “Survivor Benefit Plan” means the program established under subchapter II of chapter 73 of title 10, United States Code.
added
The term “retired pay” includes retainer pay paid under section 8330 of title 10, United States Code.
added
The terms “uniformed services” and “Secretary concerned” have the meanings given those terms in section 101 of title 37, United States Code.
added
The term “Department of Defense Military Retirement Fund” means the Department of Defense Military Retirement Fund established under section 1461(a) of title 10, United States Code.
Sec. 704 Modifications to pilot program on health care assistance system
addedadded Section 731(d) of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 1075 note) is amended—
added
in the matter preceding paragraph (1), by striking “January 1, 2021” and inserting “November 1, 2022”;
added
in paragraph (1), by striking “; and” and inserting a semicolon;
added
in paragraph (2), by striking the period and inserting “; and”; and
added
by adding at the end the following new paragraph:
added “(3) input from covered beneficiaries who have participated in the pilot program regarding their satisfaction with, and any benefits attained from, such participation.”
Sec. 705 Temporary requirement for contraception coverage parity under the TRICARE program
added
added
In general— The Secretary of Defense shall ensure that, during the one-year period beginning on the date that is 30 days after the date of the enactment of the Act, the imposition or collection of cost-sharing for certain services is prohibited as follows:
added
Pharmacy benefits program— Notwithstanding subparagraphs (A), (B), and (C), of section 1074g(a)(6) of title 10, United States Code, cost-sharing may not be imposed or collected with respect to any eligible covered beneficiary for any prescription contraceptive on the uniform formulary provided through a retail pharmacy described in section 1074(a)(2)(E)(ii) of such title or through the national mail-order pharmacy program of the TRICARE Program.
added
TRICARE Select— Notwithstanding any provision under section 1075 of title 10, United States Code, cost-sharing may not be imposed or collected with respect to any beneficiary under such section for a covered service that is provided by a network provider under the TRICARE program.
added
TRICARE Prime— Notwithstanding subsections (a), (b), and (c) of section 1075a of title 10, United States Code, cost-sharing may not be imposed or collected with respect to any beneficiary under such section for a covered service that is provided under TRICARE Prime.
added
Definitions— In this section:
added
The term “covered service” means any method of contraception approved by the Food and Drug Administration, any contraceptive care (including with respect to insertion, removal, and follow up), any sterilization procedure, or any patient education or counseling service provided in connection with any such method, care, or procedure.
added
The term “eligible covered beneficiary” has the meaning given such term in section 1074g of title 10, United States Code.
added
The terms “TRICARE Program” and “TRICARE Prime” have the meaning given such terms in section 1072 of title 10, United States Code.
Sec. 711 Modification of certain Defense Health Agency organization requirements
addedadded Section 1073c(c)(5) of title 10, United States Code, is amended by striking “paragraphs (1) through (4)” and inserting “paragraph (3) or (4)”.
Sec. 712 Requirement for consultations related to military medical research and Defense Health Agency Research and Development
added
added
Consultations required— Section 1073c of title 10, United States Code, is amended—
added
by redesignating subsections (f) and (g) as subsections (g) and (h); and
added
by inserting after subsection (e) the following new subsection:
added “(f) Consultations on medical research of military departments—In implementing subsection (e)(1) (and on an ongoing basis after the establishment of the Defense Health Agency Research and Development pursuant to such subsection), the Secretary of Defense, acting through the Secretaries of the military departments, shall ensure that periodic consultations are carried out within each military department regarding the plans and requirements for military medical research organizations and activities of the military department.”
added
Requirements for initial consultations— The Secretary of Defense shall ensure that initial consultations under section 1073c(f) of title 10, United States Code (as added by subsection (a)), are carried out prior to the establishment of the Defense Health Agency Research and Development and address—
added
the plans of each military department to ensure a comprehensive transition of any military medical research organizations of the military department with respect to the establishment of the Defense Health Agency Research and Development; and
added
any risks involved in such transition that may compromise ongoing medical research and development activities of the military department.
Sec. 713 Authorization of program to prevent fraud and abuse in the military health system
added
added
In general— Chapter 55 of title 10, United States Code, is amended by inserting after section 1073e the following new section:
added “1073f. Health care fraud and abuse prevention program
added “(a) Program authorized
added “(1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense.
added “(2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency.
added “(3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General.
added “(b) Civil monetary penalties
added “(1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a).
added “(2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed—
added “(A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and
added “(B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d).
added “(c) Interagency agreements—The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a).
added “(d) Rule of construction—Joint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law.
added “(e) Fraud and abuse defined—In this section, the term “fraud and abuse” means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a).”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1073e the following new item:
Sec. 714 Mandatory referral for mental health evaluation
addedadded Section 1090a of title 10, United States Code, is amended—
added
by redesignating subsection (e) as subsection (f); and
added
by inserting after subsection (d) the following new subsection:
added “(e) Process applicable to member disclosure—The regulations required by subsection (a) shall—
added “(1) establish a phrase that enables a member of the armed forces to trigger a referral of the member by a commanding officer or supervisor for a mental health evaluation;
added “(2) require a commanding officer or supervisor to make such referral as soon as practicable following disclosure by the member to the commanding officer or supervisor of the phrase established under paragraph (1); and
added “(3) ensure that the process protects the confidentiality of the member in a manner similar to the confidentiality provided for members making restricted reports under section 1565b(b) of this title.”
Sec. 715 Inclusion of exposure to perfluoroalkyl and polyfluoroalkyl substances as component of periodic health assessments
added
added
Periodic health assessment— Each Secretary concerned shall ensure that any periodic health assessment provided to a member of the Armed Forces includes an evaluation of whether the member has been—
added
based or stationed at a military installation identified by the Secretary concerned as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or
added
exposed to such substances, including by evaluating any information in the health record of the member.
added
Separation history and physical examinations— Section 1145 of title 10, United States Code, is amended—
added
in subsection (a)(5), by adding at the end the following new subparagraph:
added “(D) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was—
added “(i) based or stationed at a military installation identified by the Secretary concerned as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or
added “(ii) exposed to such substances, including by assessing any information in the health record of the member.”
added
by adding at the end the following new subsection:
added “(g) Secretary concerned defined—In this section, the term “Secretary concerned” has the meaning given such term in section 101 of this title (and otherwise includes the Secretary of the department in which the Coast Guard is operating).”
added
Deployment assessments— Section 1074f of title 10, United States Code, is amended—
added
in subsection (b)(2), by adding at the end the following new subparagraph:
added “(E) An assessment of whether the member was—
added “(i) based or stationed at a military installation identified by the Secretary concerned as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or
added “(ii) exposed to such substances, including by assessing any information in the health record of the member.”
added
by adding at the end the following new subsection:
added “(h) Secretary concerned defined—In this section, the term “Secretary concerned” has the meaning given such term in section 101 of this title (and otherwise includes the Secretary of the department in which the Coast Guard is operating).”
added
Provision of blood testing to determine exposure to perfluoroalkyl substances or polyfluoroalkyl substances—
added
Provision of blood testing—
added
In general— If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary concerned shall provide to that member, during the covered evaluation, blood testing to determine and document potential exposure to such substances.
added
Inclusion in health record— The results of blood testing of a member of the Armed Forces conducted under subparagraph (A) shall be included in the health record of the member.
added
Definitions— In this section:
added
The term covered evaluation means—
added
a periodic health assessment conducted in accordance with subsection (a);
added
a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by subsection (b); or
added
a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by subsection (c).
added
The term “Secretary concerned” has the meaning given such term in section 101 of title 10, United States Code (and otherwise includes the Secretary of the department in which the Coast Guard is operating).
Sec. 716 Prohibition on adverse personnel actions taken against certain members of the Armed Forces based on declining COVID–19 vaccine
added
added
Findings— Congress finds the following:
added
The Secretary of Defense has announced a COVID–19 vaccine mandate will take effect for the Department of Defense
added
Many Americans have reservations about taking a vaccine that has only been available for less than a year.
added
Reports of adverse actions being taken, or threatened, by military leadership at all levels are antithetical to our fundamental American values.
added
Any discharge other than honorable denotes a dereliction of duty or a failure to serve the United States and its people to the best of the ability of an individual.
added
Prohibition— Chapter 55 of title 10, United States Code, is amended by inserting after section 1107a the following new section:
added “1107b. Prohibition on certain adverse personnel actions related to COVID–19 vaccine requirement
added “(a) Prohibition—Notwithstanding any other provision of law, a member of an Armed Force under the jurisdiction of the Secretary of a military department subject to discharge on the basis of the member choosing not to receive the COVID–19 vaccine may only receive an honorable discharge.
added “(b) Member of an Armed Force defined—In this section, the term “member of an Armed Force” means a member of the Army, Navy, Air Force, Marine Corps, or the Space Force.”
added
Clerical amendment— The table of sections for such chapter is amended by inserting after the item relating to section 1107a the following new item:
Sec. 717 Establishment of Department of Defense system to track and record information on vaccine administration
added
added
Establishment of system— Section 1110 of title 10, United States Code, is amended—
added
by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and
added
by inserting after the heading the following new subsection:
added “(a) System to track and record vaccine information
added “(1) The Secretary of Defense, in coordination with the Secretaries of the military departments, shall establish a system to track and record the following information:
added “(A) Each vaccine administered by a health care provider of the Department of Defense to a member of an armed force under the jurisdiction of the Secretary of a military department.
added “(B) Any adverse reaction of the member related to such vaccine.
added “(C) Each refusal of a vaccine by such a member on the basis that the vaccine is being administered by a health care provider of the Department pursuant to an emergency use authorization granted by the Commissioner of Food and Drugs under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–3).
added “(2) In carrying out paragraph (1), the Secretary of Defense shall ensure that—
added “(A) any electronic health record maintained by the Secretary for a member of an armed force under the jurisdiction of the Secretary of a military department is updated with the information specified in such paragraph with respect to the member; and
added “(B) any collection, storage, or use of such information is conducted through means involving such cyber protections as the Secretary determines necessary to safeguard the personal information of the member.”
added
Conforming amendments— Such section is further amended—
added
in the heading by striking “Anthrax vaccine immunization program; procedures for exemptions and monitoring reactions” and inserting “System for tracking and recording vaccine information; anthrax vaccine immunization program”; and
added
in subsection (b), as redesignated by subsection (a)(1), by striking “Secretary of Defense” and inserting “Secretary”.
added
Clerical amendment— The table of sections for chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1110 and inserting the following new item:
added
Deadline for establishment of system— The Secretary of Defense shall establish the system under section 1110 of title 10, United States Code. as added by subsection (a), by not later than January 1, 2023.
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 House of Representatives and the Senate a report on the administration of vaccines to members of the Armed Forces under the jurisdiction of the Secretary of a military department and on the status of establishing the system under section 1110(a) of title 10, United States Code (as added by subsection (a)). Such report shall include information on the following:
added
The process by which such members receive vaccines, and the process by which the Secretary tracks, records, and reports on, vaccines received by such members (including with respect to any transfers by a non-Department provider to the Department of vaccination records or other medical information of the member related to the administration of vaccines by the non-Department provider).
added
The storage of information related to the administration of vaccines in the electronic health records of such members, and the cyber protections involved in such storage, as required under such section 1110(a)(2) of title 10, United States Code.
added
The general process by which medical information of beneficiaries under the TRICARE program is collected, tracked, and recorded, including the process by which medical information from providers contracted by the Department or from a State or local department of health is transferred to the Department and associated with records maintained by the Secretary.
added
Any gaps or challenges relating to the vaccine administration process of the Department and any legislative or budgetary recommendations to address such gaps or challenges.
added
Definitions— In this section:
added
The term “military departments” has the meaning given such term in section 101 of title 10, United States Code.
added
The term “TRICARE program” has the meaning given such term in section 1072 of such title.
Sec. 718 Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees
addedadded Section 2114(h) of title 10, United States Code, is amended—
added
by striking “The Secretary of Defense” and inserting “(1) The Secretary of Defense, in coordination with the Secretary of Health and Human Services and the Secretary of Veterans Affairs,”; and
added
by adding at the end the following new paragraph:
added “(2)
added “(A) A covered employee whose employment or service with the Department of Veterans Affairs, Public Health Service, or Coast Guard (as applicable) is in a position relevant to national security or health sciences may receive instruction at the University within the scope of such employment or service.
added “(B) If a covered employee receives instruction at the University pursuant to subparagraph (A), the head of the Federal agency concerned shall reimburse the University for the cost of providing such instruction to the covered employee. Amounts received by the University under this subparagraph shall be retained by the University to defray the costs of such instruction.
added “(C) Notwithstanding subsections (b) through (e) and subsection (i), the head of the Federal agency concerned shall determine the service obligations of the covered employee receiving instruction at the University pursuant to subparagraph (A) in accordance with applicable law.
added “(D) In this paragraph—
added “(i) the term “covered employee” means an employee of the Department of Veterans Affairs, a civilian employee of the Public Health Service, a member of the commissioned corps of the Public Health Service, a member of the Coast Guard, or a civilian employee of the Coast Guard; and
added “(ii) the term “head of the Federal agency concerned” means the head of the Federal agency that employs, or has jurisdiction over the uniformed service of, a covered employee permitted to receive instruction at the University under subparagraph (A) in the relevant position described in such subparagraph.”
Sec. 719 Mandatory training on health effects of burn pits
addedadded The Secretary of Defense shall provide to each medical provider of the Department of Defense mandatory training with respect to the potential health effects of burn pits.
Sec. 720 Department of Defense procedures for exemptions from mandatory COVID–19 vaccines
added
added
Exemptions— The Secretary of Defense shall establish uniform procedures under which covered members may be exempted from receiving an otherwise mandated COVID–19 vaccine for administrative, medical, or religious reasons, including on the basis of possessing an antibody test result demonstrating previous COVID–19 infection.
added
Definitions— In this section:
added
The term “covered member” means a member of an Armed Force under the jurisdiction of the Secretary of a military department.
added
The term “COVID–19 vaccine” means any vaccine for the coronavirus disease 2019 (COVID–19), including any subsequent booster shot for COVID–19.
Sec. 721 Modifications and report related to reduction or realignment of military medical manning and medical billets
added
added
Modifications to limitation on reduction or realignment— Section 719 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1454), as amended by section 717 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is further amended—
added
in subsection (a), by striking “180 days following the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021” and inserting “the year following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022”; and
added
in subsection (b)(1), by inserting “, including any billet validation requirements determined pursuant to estimates provided in the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232),” after “requirements of the military department of the Secretary”.
added
GAO report on reduction or realignment of military medical manning and medical billets—
added
Report— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the analyses used to support any reduction or realignment of military medical manning, including any reduction or realignment of medical billets of the military departments.
added
Elements— The report under paragraph (1) shall include the following:
added
An analysis of the use of the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817) and wartime scenarios to determine military medical manpower requirements, including with respect to pandemic influenza and homeland defense missions.
added
An assessment of whether the Secretaries of the military departments have used the processes under section 719(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1454) to ensure that a sufficient combination of skills, specialties, and occupations are validated and filled prior to the transfer of any medical billets of a military department to fill other military medical manpower needs.
added
An assessment of the effect of the reduction or realignment of such billets on local health care networks and whether the Director of the Defense Health Agency has conducted such an assessment in coordination with the Secretaries of the military departments.
Sec. 722 Cross-functional team for emerging threat relating to anomalous health incidents
added
added
Establishment— Using the authority provided under section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note), the Secretary of Defense shall establish a cross-functional team to address national security challenges posed by anomalous health incidents (as defined by the Secretary) and ensure that individuals affected by anomalous health incidents receive timely and comprehensive health care and treatment pursuant to title 10, United States Code, or other provisions of law administered by the Secretary, for symptoms consistent with an anomalous health incident.
added
Duties— The duties of the cross-functional team established under subsection (a) shall be—
added
to assist the Secretary of Defense with addressing the challenges posed by anomalous health incidents and any other efforts regarding such incidents that the Secretary determines necessary; and
added
to integrate the efforts of the Department of Defense regarding anomalous health incidents with the efforts of other departments or agency of the Federal Government regarding such incidents.
added
Team leader— The Secretary shall select an Under Secretary of Defense to lead the cross-functional team and a senior military officer to serve as the deputy to the Under Secretary so selected.
added
Determination of organizational roles and responsibilities— The Secretary, in coordination with the Director of National Intelligence and acting through the cross-functional team established under subsection (a), shall determine the roles and responsibilities of the organizations and elements of the Department of Defense with respect to addressing anomalous health incidents, including the roles and responsibilities of the Office of the Secretary of Defense, the intelligence components of the Department, Defense agencies, and Department of Defense field activities, the military departments, combatant commands, and the Joint Staff.
added
Briefings—
added
Initial briefing— Not later than 30 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate congressional committees a briefing on—
added
the progress of the Secretary in establishing the cross-functional team; and
added
the progress the team has made in—
added
determining the roles and responsibilities of the organizations and elements of the Department of Defense with respect the cross-functional team; and
added
carrying out the duties under subsection (b).
added
Updates— Not later than 75 days after the date of the enactment of this Act, and once every 45 days thereafter during the one-year period following such date of enactment, the Secretary shall provide to the appropriate congressional committees a briefing containing updates with respect to the efforts of the Department regarding anomalous health incidents.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
Sec. 723 Implementation of integrated product for management of population health across military health system
added
added
Integrated product— The Secretary of Defense shall develop and implement an integrated product for the management of population health across the military health system. Such integrated product shall serve as a repository for the health care, demographic, and other relevant data of all covered beneficiaries, including with respect to data on health care services furnished to such beneficiaries through the purchased care and direct care components of the TRICARE program, and shall—
added
be compatible with the electronic health record system maintained by the Secretary for members of the Armed Forces;
added
enable the coordinated case management of covered beneficiaries with respect to health care services furnished to such beneficiaries at military medical treatment facilities and at private sector facilities through health care providers contracted by the Department of Defense;
added
enable the collection and stratification of data from multiple sources to measure population health goals, facilitate disease management programs of the Department, improve patient education, and integrate wellness services across the military health system; and
added
enable predictive modeling to improve health outcomes for patients and to facilitate the identification and correction of medical errors in the treatment of patients, issues regarding the quality of health care services provided, and gaps in health care coverage.
added
Definitions— In this section:
added
The terms “covered beneficiary” and “TRICARE program” have the meanings given such terms in section 1072 of title 10, United States Code.
added
The term “integrated product” means an electronic system of systems (or solutions or products) that provides for the integration and sharing of data to meet the needs of an end user in a timely and cost effective manner.
Sec. 724 Digital health strategy of Department of Defense
added
added
Digital health strategy—
added
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, and other innovative methods that leverage new or emerging technologies) in the provision of clinical care within the military health system.
added
Elements— The strategy under paragraph (1) shall address, with respect to future use within the military health system, the following:
added
Emerging technology to improve the delivery of clinical care and health services.
added
Design thinking to improve the delivery of clinical care and health services.
added
Advanced clinical decision support systems.
added
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.
added
Wearable devices.
added
Three-dimensional printing and related technologies.
added
Data-driven decision making, including through the use of big data and predictive analytics, in the delivery of clinical care and health services.
added
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—
added
the strategy under subsection (a); and
added
a plan to implement such strategy, including the estimated timeline and cost for such implementation.
Sec. 725 Development and update of certain policies relating to military health system and integrated medical operations
added
added
In general— By not later than October 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall develop and update certain policies relating to the military health system and integrated medical operations of the Department of Defense as follows:
added
Updated plan on integrated medical operations in continental United States— The Secretary of Defense shall develop an updated plan on integrated medical operations in the continental United States and update the Department of Defense Instruction 6010.22, titled “National Disaster Medical System (NDMS)” (or such successor instruction) accordingly. Such updated plan shall—
added
be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817);
added
include a determination as to whether combat casualties should receive medical care under the direct care or purchased care component of the military health system and a risk analysis in support of such determination;
added
identify the manning levels required to furnish medical care under the updated plan, including with respect to the levels of military personnel, civilian employees of the Department, and contractors of the Department; and
added
include a cost estimate for the furnishment of such medical care.
added
Updated plan on global patient movement— The Secretary of Defense shall develop an updated plan on global patient movement and update the Department of Defense Instruction 5154.06, relating to medical military treatment facilities and patient movement (or such successor instruction) accordingly. Such updated plan shall—
added
be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817);
added
include a risk assessment with respect to patient movement compared against overall operational plans;
added
include a description of any capabilities-based assessment of the Department that informed the updated plan or that was in progress during the time period in which the updated plan was developed; and
added
identify the manning levels, equipment and consumables, and funding levels, required to carry out the updated plan.
added
Assessment of biosurveillance and medical research capabilities— The Secretary of Defense shall conduct an assessment of biosurveillance and medical research capabilities of the Department of Defense. Such assessment shall include the following:
added
An identification of the location and strategic value of the overseas medical laboratories and overseas medical research programs of the Department.
added
An assessment of the current capabilities of such laboratories and programs with respect to force health protection and evidence-based medical research.
added
A determination as to whether such laboratories and programs have the capabilities, including as a result of the geographic location of such laboratories and programs, to provide force health protection and evidence-based medical research, including by actively monitoring for future pandemics, infectious diseases, and other potential health threats to members of the Armed Forces.
added
The current capabilities, with respect to biosurveillance and medical research, of the following entities:
added
The Army Medical Research Development Command.
added
The Navy Medical Research Command.
added
The Air Force Medical Readiness Agency.
added
The Walter Reed Army Institute of Research.
added
The United States Army Medical Research Institute of Infectious Disease.
added
The Armed Forces Health Surveillance Branch (including the Global Emerging Infectious Surveillance program).
added
Such other entities as the Secretary may determine appropriate.
added
A determination as to whether the entities specified in subparagraph (D) have the capabilities, including as a result of the geographic location of the entity, to provide force health protection and evidence-based medical research, including by actively monitoring for future pandemics, infectious diseases, and other potential health threats to members of the Armed Forces.
added
The current manning levels of the entities specified in subparagraph (D), including an assessment of whether such entities are manned at a level necessary to support the missions of the combatant commands (including with respect to missions related to pandemic influenza or homeland defense).
added
The current funding levels of the entities specified in subparagraph (D), including a risk assessment as to whether such funding is sufficient to sustain the manning levels necessary to support missions as specified in subparagraph (F).
added
Analysis of military health system organization— The Secretary of Defense shall conduct an analysis to determine whether the current organizational structure of the military health system allows for the implementation of the updated plans under paragraphs (1) and (2) and of any recommendations made by the Secretary as a result of the assessment under paragraph (3). Such analysis shall include—
added
an assessment of how the Secretary may leverage TRICARE Regional Offices, TRICARE managed care support contractors, and local or regional health care systems, to address any potential gaps in the provision of medical care under the military health system that may limit the progress of such implementation or may arise as the result of such implementation; and
added
recommendations on any organizational changes to the military health system that would be necessary for such implementation.
added
Interim briefing— Not later than April 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall provide to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the progress of implementation of the plans, assessment, and analysis required under subsection (a).
added
Report— Not later than December 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report describing each updated plan, assessment, and analysis required under subsection (a).
Sec. 726 Standardization of definitions used by the Department of Defense for terms related to suicide
added
added
Standardization of definitions— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop standardized definitions for the following terms:
added
“Suicide”.
added
“Suicide attempt”.
added
“Suicidal ideation”.
added
Required use of standardized definitions— Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue policy guidance requiring the exclusive and uniform use across the Department of Defense and within each military department of the standardized definitions developed under subsection (a) for the terms specified in such subsection.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that sets forth the standardized definitions developed under subsection (a) and includes—
added
a description of the process that was used to develop such definitions;
added
a description of the methods by which data shall be collected on suicide, suicide attempts, and suicidal ideations (as those terms are defined pursuant to such definitions) in a standardized format across the Department and within each military department; and
added
an implementation plan to ensure the use of such definitions as required pursuant to subsection (b).
Sec. 731 Grant program for increased cooperation on post-traumatic stress disorder research between United States and Israel
added
added
Sense of Congress— It is the sense of Congress that the Secretary of Defense, acting through the Psychological Health and Traumatic Brain Injury Research Program, should seek to explore scientific collaboration between American academic institutions and nonprofit research entities, and Israeli institutions with expertise in researching, diagnosing, and treating post-traumatic stress disorder.
added
Grant program— The Secretary of Defense, in coordination with the Secretary of State, shall award grants to eligible entities to carry out collaborative research between the United States and Israel with respect to post-traumatic stress disorders. The Secretary of Defense shall carry out the grant program under this section in accordance with the agreement titled “Agreement Between the Government of the United States of America and the Government of Israel on the United States-Israel Binational Science Foundation”, dated September 27, 1972.
added
Eligible entities— To be eligible to receive a grant under this section, an entity shall be an academic institution or a nonprofit entity located in the United States.
added
Award— The Secretary shall award grants under this section to eligible entities that—
added
carry out a research project that—
added
addresses a requirement in the area of post-traumatic stress disorders that the Secretary determines appropriate to research using such grant; and
added
is conducted by the eligible entity and an entity in Israel under a joint research agreement; and
added
meet such other criteria that the Secretary may establish.
added
Application— To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such commitments and information as the Secretary may require.
added
Gift authority— The Secretary may accept, hold, and administer, any gift of money made on the condition that the gift be used for the purpose of the grant program under this section. Such gifts of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund and shall be available, subject to appropriation, without fiscal year limitation.
added
Reports— Not later than 180 days after the date on which an eligible entity completes a research project using a grant under this section, the Secretary shall submit to Congress a report that contains—
added
a description of how the eligible entity used the grant; and
added
an evaluation of the level of success of the research project.
added
Termination— The authority to award grants under this section shall terminate on the date that is seven years after the date on which the first such grant is awarded.
Sec. 732 Pilot program on cardiac screening at certain military service academies
added
added
Pilot program— The Secretary of Defense shall establish a pilot program to furnish mandatory electrocardiograms to candidates who are seeking admission to a covered military service academy in connection with the military accession screening process, at no cost to such candidates.
added
Scope— The scope of the pilot program under subsection (a) shall include at least 25 percent of the incoming class of candidates who are seeking admission to a covered military service academy during the first fall semester that follows the date of the enactment of this Act, and the pilot program shall terminate on the date on which the Secretary determines the military accession screening process for such class has concluded.
added
Facilities— In carrying out the pilot program under subsection (a), the Secretary shall furnish each mandatory electrocardiogram under the pilot program in a facility of the Department of Defense, to the extent practicable, but may furnish such electrocardiograms in a non-Department facility as determined necessary by the Secretary.
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 Senate and the House of Representatives a report on the pilot program. Such report shall include the following:
added
The results of all electrocardiograms furnished to candidates under the pilot program, disaggregated by military service academy, race, and gender.
added
The rate of significant cardiac issues detected pursuant to electrocardiograms furnished under the pilot program, disaggregated by military service academy, race, and gender.
added
The cost of carrying out the pilot program.
added
The number of candidates, if any, who were disqualified from admission based solely on the result of an electrocardiogram furnished under the pilot program.
added
Covered military service academy defined— In this section, the term “covered military service academy” does not include the Untied States Coast Guard Academy or the United States Merchant Marine Academy.
Sec. 733 Pilot program on cryopreservation and storage
added
added
Pilot program— The Secretary of Defense shall establish a pilot program to provide not more than 1,000 members of the Armed Forces serving on active duty with the opportunity to cryopreserve and store their gametes prior to deployment to a combat zone.
added
Period—
added
In general— The Secretary shall provide for the cryopreservation and storage of gametes of a participating member of the Armed Forces under subsection (a), at no cost to the member, in a facility of the Department of Defense or at a private entity pursuant to a contract under subsection (d) until the date that is one year after the retirement, separation, or release of the member from the Armed Forces.
added
Continued cryopreservation and storage— At the end of the one-year period specified in paragraph (1), the Secretary shall authorize an individual whose gametes were cryopreserved and stored in a facility of the Department as described in that paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options:
added
To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual.
added
To transfer the gametes to a private cryopreservation and storage facility selected by the individual.
added
To authorize the Secretary to dispose of the gametes of the individual not earlier than the date that is 90 days after the end of the one-year period specified in paragraph (1) with respect to the individual.
added
Advance medical directive and military testamentary instrument— A member of the Armed Forces who elects to cryopreserve and store their gametes under this section shall complete an advance medical directive described in section 1044c(b) of title 10, United States Code, and a military testamentary instrument described in section 1044d(b) of such title, that explicitly specifies the use of their cryopreserved and stored gametes if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored gametes.
added
Agreements— To carry out this section, the Secretary may enter into agreements with private entities that provide cryopreservation and storage services for gametes.
Sec. 734 Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities
added
added
Pilot program— The Secretary of Defense shall carry out a pilot program to provide direct assistance for mental health appointment scheduling at military medical treatment facilities and clinics selected by the Secretary for participation in the pilot program in a number determined by the Secretary.
added
Report— Not later than 90 days after the date on which the pilot program terminates, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program. Such report shall include an assessment of—
added
the effectiveness of the pilot program with respect to improved access to mental health appointments; and
added
any barriers to scheduling mental health appointments under the pilot program observed by health care professionals or other individuals involved in scheduling such appointments.
added
Termination— The authority to carry out the pilot program under subsection (a) shall terminate on the date that is one year after the commencement of the pilot program.
Sec. 735 Pilot program on oral rehydration solutions
added
added
Pilot program— The Secretary of Defense may carry out a pilot program under which the Secretary shall furnish medically approved oral rehydration solutions to members of the Armed Forces.
added
Distribution— Oral rehydration solutions furnished under the pilot program carried out pursuant to subsection (a) shall be distributed to members of the Armed Forces at the brigade level, through the Airborne and Ranger Training Brigade, the Maneuver Center of Excellence of the Army, and the United States Army Training and Doctrine Command. Such distribution shall be carried out during a period of summer months, as determined by the Secretary.
added
Report— Not later than 60 after the date of the conclusion of the pilot program carried out pursuant to subsection (a), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the effectiveness of the oral rehydration solutions furnished under the pilot program. Such report shall include—
added
all data tracking the prevention of heat casualties and hyponatremia among participants under the pilot program; and
added
any other benefits realized under the pilot program, including benefits related to cost savings, readiness, or wellness of members of the Armed Forces.
Sec. 736 Authorization of pilot program to survey access to mental health care under military health system
added
added
Findings; Sense of Congress—
added
Findings— Congress finds that—
added
there is a connection between stigma, mental health care access, and death by suicide; and
added
current command climate surveys lack sufficient questions regarding mental health stigma.
added
Sense of Congress— It is the sense of Congress that—
added
military research and research of the Department of Veterans Affairs significantly contribute to overall health care research useful for all individuals; and
added
command climate surveys provide an important function for ensuring safe command environments.
added
Authorization of pilot program to survey access to mental health care under military health system—
added
Pilot program authorized— The Secretary of Defense may carry out a pilot program to survey access to mental health care under the military health system.
added
Elements— In carrying out a pilot program pursuant to paragraph (1), the Secretary shall ensure that an adequate number of command climate surveys that include questions on access to mental health care under the military health system are administered to a representative sample of active duty members of the Armed Forces across each military department. Such questions shall be developed by the survey administrator of the Defense Organizational Climate Survey and shall address, at a minimum, the following matters:
added
The perceived ability of the respondent to access mental health care under the military health system.
added
Whether the respondent has previously been prohibited from, or advised against, accessing such care.
added
Any overall stigma perceived by the respondent with respect to such care.
added
The belief of the respondent that receiving care from a mental health care provider may harm the career, or the ability to obtain a security clearance, of the respondent.
added
The belief of the respondent that receiving a mental health diagnosis may harm the career, or the ability to obtain a security clearance, of the respondent.
added
Termination— The authority to carry out a pilot program under paragraph (1) shall terminate on September 1, 2023.
added
Report— Not later than 90 days after the date on which a pilot program carried out pursuant to paragraph (1) terminates, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the results of the updated surveys administered pursuant to the pilot program.
added
Definitions— In this section, the terms “active duty”, “Armed Forces”, and “military departments” have the meanings given those terms in section 101 of title 10, United States Code.
Sec. 737 Prohibition on availability of funds for research connected to China
added
added
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—
added
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
added
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;
added
Waiver— The Secretary of Defense may waive a prohibition under subsection (a) if the Secretary—
added
determines that the waiver is in the national security interests of United States; and
added
not later than 14 days after granting the waiver, submits to the congressional defense committees a detailed justification for the waiver, including—
added
an identification of the Department of Defense entity obligating or expending the funds;
added
an identification of the amount of such funds;
added
an identification of the intended purpose of such funds;
added
an identification of the recipient or prospective recipient of such funds (including any third-party entity recipient, as applicable);
added
an explanation for how the waiver is in the national security interests of the United States; and
added
any other information the Secretary determines appropriate.
Sec. 738 Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program
added
added
Agreement—
added
In general— The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the “National Academies”) for the National Academies to carry out the activities described in subsections (b) and (c).
added
Timing— The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act.
added
Analysis by the National Academies—
added
Analysis— Under an agreement between the Secretary and the National Academies entered into pursuant to subsection (a), the National Academies shall conduct an analysis of the effectiveness of the Department of Defense Comprehensive Autism Care Demonstration program (in this section referred to as the “demonstration program”) and develop recommendations for the Secretary based on such analysis.
added
Elements— The analysis conducted and recommendations developed under paragraph (1) shall include the following:
added
An assessment of the Pervasive Developmental Disabilities Behavior Inventory as a measure to assist in the assessment of domains related to autism spectrum disorder, and a determination as to whether the Secretary is applying such inventory appropriately under the demonstration project.
added
An assessment of the methods used under the demonstration project to measure the effectiveness of applied behavior analysis in the treatment of autism spectrum disorder.
added
A review of any guidelines or industry standards of care adhered to in the provision of applied behavior analysis services under the demonstration program, including a review of the effects of such adherence with respect to dose-response or expected health outcomes for an individual who has received such services.
added
A review of the expected health outcomes for an individual who has received applied behavior analysis treatments over time.
added
An analysis of the increased utilization of the demonstration program by beneficiaries under the TRICARE program, to improve understanding of such utilization.
added
Such other analyses to measure the effectiveness of the demonstration program as may be determined appropriate by the National Academies.
added
An analysis on whether the incidence of autism is higher among the children of military families.
added
The development of a list of findings and recommendations related to the measurement, effectiveness, and increased understanding of the demonstration program and its effect on beneficiaries under the TRICARE program.
added
Report— Under an agreement entered into between the Secretary and the National Academies under subsection (a), the National Academies, not later than nine months after the date of the execution of the agreement, shall—
added
submit to the congressional defense committees a report on the findings of the National Academies with respect to the analysis conducted and recommendations developed under subsection (b); and
added
make such report available on a public website in unclassified form.
Sec. 739 Independent review of suicide prevention and response at military installations
added
added
Establishment of committee— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish an independent suicide prevention and response review committee.
added
Membership— The committee established under subsection (a) shall be composed of not fewer than five individuals—
added
designated by the Secretary;
added
with expertise determined to be relevant by the Secretary, including at least one individual who is an experienced provider of mental health services and at least one individual who is an experienced criminal investigator;
added
none of whom may be a member of an Armed Force or a civilian employee of the Department of Defense.
added
Selection of military installations— The Secretary shall select, for review by the committee established under subsection (a), not fewer than three military installations that have a higher-than-average incidence of suicide by members of the Armed Forces serving at the installation. The Secretary shall ensure that at least one of the installations selected under this subsection is a remote installation of the Department of Defense located outside the contiguous United States.
added
Duties— The committee established under subsection (a) shall review the suicide prevention and response programs and other factors that may contribute to the incidence or prevention of suicide at the military installations selected for review pursuant to subsection (c). Such review shall be conducted through means including—
added
a confidential survey;
added
focus groups; and
added
individual interviews.
added
Coordination— In carrying out this section, the Secretary shall ensure that the Director of the Office of People Analytics of the Department of Defense and the Director of the Office of Force Resiliency of the Department of Defense coordinate and cooperate with the committee established under subsection (a).
added
Reports—
added
Initial report— Not later than 270 days after the establishment of the committee under subsection (a), the committee shall submit to the Secretary a report containing the results of the reviews conducted by the committee and recommendations of the committee to reduce the incidence of suicide at the military installations reviewed.
added
Report to Congress— Not later than 330 days after the establishment of the committee under subsection (a), the committee shall submit to the Committees on Armed Services of the House of Representatives and the Senate the report under paragraph (1).
Sec. 740 Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam
added
added
Study— Not later than April 1, 2022, the Secretary of Defense, in consultation with the Chief of the National Guard Bureau and the Director of the Air National Guard, shall complete a study on the feasibility and advisability of establishing at Joint Base Pearl Harbor-Hickam an aeromedical squadron of the Air National Guard in Hawaii to support the aeromedical mission needs of the State of Hawaii and the United States Indo-Pacific Command.
added
Elements— The study under subsection (a) shall assess the following:
added
The manpower required for the establishment of an aeromedical squadron of the Air National Guard in Hawaii as specified in subsection (a).
added
The overall cost of such establishment.
added
The length of time required for such establishment.
added
The mission requirements for such establishment.
added
Such other matters as may be determined relevant by the Secretary.
added
Submission to Congress— Not later than April 1, 2022, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the findings of the feasibility and advisability study under subsection (a), including with respect to each element specified in subsection (b).
Sec. 741 Plan to address findings related to access to contraception for members of the Armed Forces
added
added
Plan required— The Secretary of Defense (in coordination with the Secretaries of the military departments) shall develop and implement a plan to address the findings of the report of the Department of Defense on the status of implementation of guidance for ensuring access to contraception published in response to pages 155 through 156 of the report of the Committee on Armed Services of the House of Representatives accompanying H.R. 6395 of the 116th Congress (H. Rept. 116-617).
added
Elements— The plan under subsection (a) shall address—
added
the barriers and challenges to implementation identified in the report of the Department specified in such subsection; and
added
the inability of certain members of the Armed Forces to access their preferred method of contraception and have ongoing access during deployment.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the plan under subsection (a) and any progress made pursuant to such plan.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and
added
the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.
Sec. 742 GAO biennial study on Individual Longitudinal Exposure Record program
added
added
Studies and reports required— Not later than December 31, 2022, and once every two years thereafter until December 31, 2030, the Comptroller General of the United States shall—
added
conduct a study on the implementation and effectiveness of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs; and
added
submit to the appropriate congressional committees a report containing the findings of the most recently conducted study.
added
Elements— The biennial studies under subsection (a) shall include an assessment of elements as follows:
added
Initial study— The initial study conducted under subsection (a) shall assess, at a minimum, the following:
added
Statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program.
added
Costs associated with the program, including any cost overruns associated with the program.
added
The capacity to expand the program to include the medical records of veterans who served prior to the establishment of the program.
added
Any illness recently identified as relating to a toxic exposure (or any guidance relating to such an illness recently issued) by either the Secretary of Defense or the Secretary of Veterans Affairs, including any such illness or guidance that relates to open burn pit exposure.
added
How the program has enabled (or failed to enable) the discovery, notification, and medical care of individuals affected by an illness described in subparagraph (D).
added
Physician and patient feedback on the program, particularly feedback that relates to ease of use.
added
Cybersecurity and privacy protections of patient data stored under the program, including whether any classified or restricted data has been stored under the program (such as data relating to deployment locations or duty stations).
added
Any technical or logistical impediments to the implementation or expansion of the program, including any impediments to the inclusion in the program of databases or materials originally intended to be included.
added
Any issues relating to read-only access to data under the program by veterans.
added
Any issues relating to the interoperability of the program between the Department of Defense and the Department of Veterans Affairs.
added
Subsequent studies— Except as provided in paragraph (3), each study conducted under subsection (a) following the initial study specified in paragraph (1) shall assess—
added
statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program; and
added
such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1).
added
Final study— The final study conducted under subsection (a) shall assess—
added
the elements specified in subparagraphs (A), (B), (D), (E), (F), and (H) of paragraph (1); and
added
such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1).
added
Access by Comptroller General—
added
Information and materials— Upon request of the Comptroller General, the Secretary of Defense and the Secretary of Veterans Affairs shall make available to the Comptroller General any information or other materials necessary for the conduct of each biennial study under subsection (a).
added
Interviews— In addition to such other authorities as are available, the Comptroller General shall have the right to interview officials and employees of the Department of Defense and the Department of Veterans Affairs (including clinicians, claims adjudicators, and researchers) as necessary for the conduct of each biennial study under subsection (a).
added
Information from patients and former patients—
added
Development of questionnaire— In carrying out each biennial study under subsection (a), the Comptroller General may develop a questionnaire for individuals the records of whom are contained in the Individual Longitudinal Exposure Record, to obtain the information necessary for the conduct of the study.
added
Distribution— The Secretary concerned shall ensure that any questionnaire developed pursuant to subparagraph (A) is distributed to individuals the records of whom are contained in the Individual Longitudinal Exposure Record.
added
Definitions— In this Act:
added
The term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives; and
added
the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate.
added
The term “Secretary concerned” means—
added
the Secretary of Defense, with respect to matters concerning the Department of Defense; and
added
the Secretary of Veterans Affairs, with respect to matters concerning the Department of Veterans Affairs.
Sec. 743 GAO study on exclusion of certain remarried individuals from medical and dental coverage under TRICARE program
added
added
GAO study—
added
Study— The Comptroller General of the United States shall conduct a study on the purpose and effects of limiting medical and dental coverage under the TRICARE program to exclude remarried widows, widowers, and former spouses of members or former members of the uniformed services.
added
Elements— The study under paragraph (1) shall include the following:
added
A census of the widows and widowers who currently qualify as a dependent under the TRICARE program pursuant to subparagraph (B) or (C) of section 1072(2) of title 10, United States Code.
added
A census of the former spouses who currently qualify as a dependent under the TRICARE program pursuant to subparagraph (F), (G), or (H) of such section.
added
An identification of the number of such widows, widowers, and former spouses who intend to remarry, and an assessment of whether potential loss of coverage under the TRICARE program has affected the decisions of such individuals to remarry or remain unremarried.
added
An assessment of the effect, if any, on the military and local communities of an individual who formerly qualified as a dependent under the TRICARE program by reason of being an unremarried widow, widower, or former spouse, as specified in section 1072(2) of title 10, United States Code, when the individual remarries and loses such coverage.
added
A cost analysis of the expansion of medical and dental coverage under the TRICARE program to include remarried individuals who, but for their remarried status, would otherwise qualify as a dependent under such program.
added
Report— Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing—
added
the findings and conclusions of the study under subsection (a); and
added
recommendations based on such findings and conclusions to improve the dependent categories specified in section 1072(2) of title 10, United States Code, including with respect to whether remarried widows, widowers, and former spouses of members or former members of the uniformed services should remain excluded from coverage under the TRICARE program pursuant to such section.
added
Definitions— In this section, the terms “dependent” and “TRICARE program” have the meanings given such terms in section 1072 of title 10, United States Code.
Sec. 744 Study on joint fund of the Department of Defense and the Department of Veterans Affairs for Federal Electronic Health Record Modernization Office
added
added
Study— The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall conduct a study on—
added
the development of a joint fund of the Department of Defense and the Department of Veterans Affairs for the Federal Electronic Health Record Modernization Office; and
added
the operations of the Federal Electronic Health Record Modernization Office since its establishment, including how the Office has supported the implementation of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs.
added
Elements— The study under subsection (a) shall assess the following:
added
Justifications for the development of the joint fund.
added
Options for the governance structure of the joint fund, including how accountability would be divided between the Department of Defense and the Department of Veterans Affairs.
added
An estimated timeline for implementation of the joint fund.
added
The anticipated contents of the joint fund, including the anticipated process for annual transfers to the joint fund from the Department of Defense and the Department of Veterans Affairs, respectively.
added
The progress and accomplishments of the Federal Electronic Health Record Modernization Office during fiscal year 2021 in fulfilling the purposes specified in subparagraphs (C) through (R) of section 1635(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note).
added
The role and contributions of the Federal Electronic Health Record Modernization Office with respect to—
added
the current implementation of the Electronic Health Record Modernization Program at the Mann-Grandstaff Department of Veterans Affairs Medical Center located in Spokane, Washington; and
added
the strategic review of the Electronic Health Record Modernization Program conducted by the Department of Veterans Affairs.
added
How dedicated funding for the Federal Electronic Health Record Modernization Office would have affected or altered the role and contributions specified in paragraph (6).
added
An estimated timeline for the completion of the implementation milestones under section 1635(e) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note), taking into account delays in the implementation of the Electronic Health Record Modernization Program.
added
Report— Not later than April 1, 2022, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall submit to the appropriate congressional committees a report on the findings of the study under subsection (a), including recommendations on the development of the joint fund specified in such subsection. Such recommendations shall address—
added
the purpose of the joint fund; and
added
requirements related to the joint fund.
added
Definitions— In this section:
added
The term “appropriate congressional committees” means—
added
the Committees on Armed Services of the House of Representatives and the Senate; and
added
the Committees on Veterans’ Affairs of the House of Representatives and the Senate.
added
The term “Electronic Health Record Modernization Program” has the meaning given such term in section 503(e) of the Veterans Benefits and Transition Act of 2018 (Public Law 115–407; 132 Stat. 5376).
added
The term “Federal Electronic Health Record Modernization Office” means the Office established under section 1635(b) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note).
Sec. 745 Briefing on domestic production of critical active pharmaceutical ingredients
addedadded Not later than April 1, 2022, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the development of a domestic production capability for critical active pharmaceutical ingredients and drug products in finished dosage form. Such briefing shall include a description of the following:
added
The anticipated cost over the period covered by the most recent future-years defense program submitted under section 221 of title 10, United States Code (as of the date of the briefing), to develop a domestic production capability for critical active pharmaceutical ingredients.
added
The cost of producing critical active pharmaceutical ingredients through such a domestic production capability, as compared with the cost of standard manufacturing processes used by the pharmaceutical industry.
added
The average time to produce critical active pharmaceutical ingredients through such a domestic production capability, as compared with the average time to produce such ingredients through standard manufacturing processes used by the pharmaceutical industry.
added
Any intersections between the development of such a domestic production capability, the military health system, and defense-related medical research or operational medical requirements.
added
Lessons learned from the progress made in developing such a domestic production capability as of the date of the briefing, including from any contracts entered into by the Secretary with respect to such a domestic production capability.
added
Any critical active pharmaceutical ingredients that are under consideration by the Secretary for future domestic production as of the date of the briefing.
added
The plan of the Secretary regarding the future use of domestic production capability for critical active pharmaceutical ingredients.
Sec. 746 Briefing on anomalous health incidents involving members of the Armed Forces
added
added
Briefing— Not later than March 1, 2022, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on anomalous health incidents affecting members of the Armed Forces and civilian employees of the Department of Defense, any ongoing efforts carried out by the Secretary to protect such members and employees from the effects of anomalous health incidents, and the extent and nature of engagement by the Secretary with the heads of other Federal departments and agencies regarding anomalous health incidents affecting the employees of such other departments and agencies.
added
Matters— The briefing provided under subsection (a) shall include, at a minimum, the following:
added
Information on cases of confirmed or suspected anomalous health incidents affecting members of the Armed Forces or civilian employees of the Department.
added
An update on the strategy of the Department to protect such members and employees from the effects of anomalous health incidents, including any efforts carried out by the Secretary to ensure that—
added
suspected anomalous health incidents are promptly reported; and
added
victims of anomalous health incidents are provided immediate and long-term medical treatment.
added
The current efforts of the Department to contribute to the overall approach of the U.S. Government to address, prevent, and respond to, anomalous health incidents, including such contributed efforts of the Department to defend against anomalous health incident attacks against personnel of the U.S. Government and United States citizens.
added
The current efforts of the Department to prepare members of the Armed Forces and civilian employees of the Department for the effects of anomalous health incidents, including prior to deployment.
added
Recommendations on how to improve the identification and reporting of anomalous health incidents affecting such members and employees, including a recommendation on whether to conduct a health assessment prior to the deployment of such members or employees if the prospective deployment is to an embassy of the United States (or to another location that the Secretary determines may present a heightened risk of anomalous health incidents), to establish a medical baseline against which medical data of the member or employee may be compared following a suspected anomalous health incident.
added
An identification by the Secretary of a senior official of the Department who has been designated by the Secretary as the official with principal responsibility for leading the efforts of the Department regarding anomalous health incidents (and related issues within the Department) and for coordinating with the heads of other Federal departments and agencies regarding such incidents and related issues.
added
Senate confirmation of responsible individual— If the designated senior official identified pursuant to subsection (b)(6) has not been appointed by and with the advice and consent of the Senate, the Secretary shall ensure that the principal responsibility for the actions specified in such subsection is transferred to a senior official of the Department who has been so appointed.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Armed Services, the Committee on Oversight and Reform, and the Committee on Transportation and Infrastructure of the House of Representatives; and
added
the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Commerce, Science, and Transportation of the Senate.
Sec. 747 Sense of Congress on National Warrior Call Day
added
added
Findings— Congress finds the following:
added
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.
added
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.
added
The epidemic of veteran suicide has steadily increased since 2014 with 6,435 veterans taking their own lives in 2018.
added
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.
added
More veterans have died by suicide in the last 10 years than members of the Armed Forces who died from combat in Vietnam.
added
Roughly two-thirds of these veterans who take their own lives have had no contact with the Department of Veterans Affairs.
added
The COVID-19 pandemic has only increased isolation and disconnection, further exacerbating mental and physical ailments such as post-traumatic stress disorder and traumatic brain injury.
added
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.
added
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.
added
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.
added
Sense of Congress— It is the sense of Congress that Congress—
added
supports the designation of a “National Warrior Call Day”;
added
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
added
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. 801 Acquisition workforce educational partnerships
added
added
In general— Subchapter IV of chapter 87 of title 10, United States Code, is amended by inserting after section 1746 the following new section:
added “1746a. Acquisition workforce educational partnerships
added “(a) Establishment—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to—
added “(1) facilitate the engagement of experts in instructional design from participants in the acquisition research organization established under section 2361a with the faculty of the Defense Acquisition University to organize and adjust the curriculum of the Defense Acquisition University, as appropriate, to ensure that—
added “(A) the curriculum accords with the educational framework commonly known as Bloom’s taxonomy;
added “(B) classes are composed of students from diverse positions in the acquisition workforce; and
added “(C) higher level classes require students to create solutions to operational challenges related to acquisition policy reform through human-centered design projects;
added “(2) in coordination with the Office of Human Capital Initiatives, facilitate the retention of critical members of the acquisition workforce by providing academic advising with respect to classes offered by the Defense Acquisition University to both members of the acquisition workforce and the supervisors of the members to ensure that each member takes the classes that are suited to the experience level, position, and professional development of such member;
added “(3) partner with extramural institutions to offer training to all members of the acquisition workforce addressing operational challenges that affect procurement decision-making, including training on—
added “(A) intellectual property and data rights negotiations;
added “(B) the effects of climate change and the need to invest in mitigating such effects throughout the full life cycle of a project;
added “(C) partnering with contractors and other suppliers to attract new companies with emerging technologies and to ensure supply chain resiliency; and
added “(D) enabling rapid and efficient procurement of technologies in a manner that permits quick response to technological changes;
added “(4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and development of members of the acquisition workforce;
added “(5) accelerate the adoption of flexible contracting techniques by the acquisition workforce by expanding the availability of training on such techniques and incorporating such training into the curriculum of the Defense Acquisition University, including partnering with extramural institutions to expand the availability of training related to transaction authorities under sections 2371 and 2371b to attorneys and technical specialists; and
added “(6) enhance the reputation of the faculty of the Defense Acquisition University by—
added “(A) building partnerships between the faculty of the Defense Acquisition University and participants in the activity established under section 2361a; and
added “(B) supporting the preparation and drafting of the reports required under subsection (f)(2).
added “(b) Curriculum adjustments—Not later than the date that is one year after the date of the enactment of this section, the President of the Defense Acquisition University shall reorganize and adjust the curriculum of the Defense Acquisition University, as appropriate, to comply with the criteria described in subparagraphs (A), (B), and (C) of subsection (a)(1).
added “(c) Program Director of Strategic Partnerships
added “(1) Establishment—There is established in the Office of the President of the Defense Acquisition University the position of Program Director of Strategic Partnerships.
added “(2) Duties—The Program Director of Strategic Partnerships shall establish, develop, and maintain partnerships between the Defense Acquisition University and extramural institutions.
added “(3) Appointment
added “(A) In general—The President of the Defense Acquisition University shall appoint the Program Director of Strategic Partnerships.
added “(B) Initial appointment—Not later than 180 days after the enactment of this section, the President of the Defense Acquisition University shall appoint a Program Director of Strategic Partnerships.
added “(d) Implementation
added “(1) Support from other department of defense organizations—The Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate.
added “(2) Implementation plan
added “(A) In general—Not later than one year after the date of the enactment of this section, the President of the Defense Acquisition University shall submit to the congressional defense committees a plan for implementing the program established under this section.
added “(B) Elements—The plan required under subparagraph (A) shall include the following:
added “(i) Plans that describe any support that will be provided for the program by other elements of the Department of Defense under paragraph (1).
added “(ii) Plans for the implementation of the program, including plans for—
added “(I) future funding and administrative support of the program;
added “(II) integration of the program into the programming, planning, budgeting, and execution process of the Department of Defense;
added “(III) integration of the program with the other programs and initiatives within the Department relating to innovation and outreach to the academic and the private sector; and
added “(IV) performance indicators by which the program will be assessed and evaluated.
added “(iii) A description of any additional authorities the Secretary of Defense may require to carry out the responsibilities under this section.
added “(e) Funding—Subject to the availability of appropriations, the Under Secretary of Defense for Acquisition and Sustainment may use amounts available in the Defense Acquisition Workforce and Development Account (as established under section 1705) to carry out the requirements of this section.
added “(f) Annual reports
added “(1) In general—Not later than September 30, 2022, and annually thereafter, the President of the Defense Acquisition University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on the date on which such report is submitted.
added “(2) Faculty reports
added “(A) In general—Except as provided in subparagraph (C), not later than six months after the date of the enactment of this section, and not later than March 1 of each year thereafter, each individual employed by the Defense Acquisition University as a full-time professor, instructor, or lecturer and each group created under subparagraph (B) shall submit to the congressional defense committees a report on the area of Federal acquisition expertise of such individual or group, including—
added “(i) developments in such area during the one-year ending on the date on which the report is submitted; and
added “(ii) suggested legislative and regulatory reforms.
added “(B) Group determinations—The President of the Defense Acquisition University may group together individuals described in subparagraph (A) that the President of the Defense Acquisition University determines to be experts in the same or substantially overlapping areas of Federal acquisition.
added “(C) Individual report exception—Subparagraph (A) shall not apply with respect to an individual that is a member of a group created under subparagraph (B) for any year in which such group submits a report under this paragraph to which such individual contributed as a member of such group.
added “(g) Exemption to report termination requirements—Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply with respect to the reports required to be submitted to Congress under this section.
added “(h) Definitions—In this section:
added “(1) Acquisition workforce—The term acquisition workforce has the meaning given such term in section 1705(g).
added “(2) Extramural institutions—The term extramural institutions means participants in an activity established under section 2361a, public sector organizations, and nonprofit credentialing organizations.
added “(3) Human-centered design—The term human-centered design means a solution to a problem that is based on a problem-solving approach under which the individual or entity seeking to solve the problem—
added “(A) develops an understanding of the problem primarily by interacting with individuals who are experiencing the problem;
added “(B) creates solutions to the problem that are based on such understanding and which are designed to address the needs of such individuals with respect to the problem; and
added “(C) involves such individuals in the development and testing of such solutions.
added “(4) Nonprofit credentialing organization—The term nonprofit credentialing organization means a nonprofit organization that offers a credentialing program that—
added “(A) is accredited by a nationally-recognized, third-party personnel certification program accreditor;
added “(B)
added “(i) is sought or accepted by employers within the industry or sector involved as a recognized, preferred, or required credential for recruitment, screening, hiring, retention, or advancement purposes; and
added “(ii) where appropriate, is endorsed by a nationally-recognized trade association or organization representing a significant part of the industry or sector; or
added “(C) meets credential standards of a Federal agency.
added “(5) Technical specialist—The term technical specialist means an individual who is authorized by the Secretary of Defense or a Secretary of a military department to enter into agreements under the authority of section 2371 or 2371b and is not otherwise authorized to enter into procurement contracts or cooperative agreements.”
added
Clerical amendment— The table of sections for subchapter IV of chapter 87 of title 10, United States Code, is amended by inserting after the item relating to section 1746 the following new item:
Sec. 802 Special emergency reimbursement authority
added
added
In general— Subchapter II of chapter 134 of title 10, United States Code, is amended by adding at the end the following new section:
added “2265. Special emergency reimbursement authority
added “(a) Special emergency reimbursement authority
added “(1) In general—Notwithstanding any other provision of law, the Secretary of Defense may, in accordance with paragraph (2) and subsection (c), modify the terms and conditions of a covered contract, without consideration, to reimburse a contractor for the cost of any paid leave, including sick leave, that such contractor provides to the employees of such contractor or employees of subcontractors (at any tier) of such contractor in response to a covered emergency to keep such employees or subcontractors in a ready state with respect to such covered contract.
added “(2) Reimbursement requirements
added “(A) Eligible employee and subcontract costs—Reimbursements under this subsection may be made only with respect to employees of a contractor or employees of subcontractors (at any tier) of a contractor which, for the relevant covered contract—
added “(i) are unable to perform work on a covered site due to facility closures or other restrictions; and
added “(ii) cannot telework because the duties of such employee or contractor cannot be performed remotely.
added “(B) Average hours—The number of hours of paid leave for which the cost may be reimbursement under this subsection may not exceed an average of 40 hours per week per employee described in subparagraph (A).
added “(C) Bill rate—The minimum applicable contract billing rate under the relevant covered contract shall be used to calculate reimbursements under this subsection.
added “(b) Enhanced reimbursement for small business contractors
added “(1) In general—In addition to any reimbursement under subsection (a), the Secretary of Defense may, in accordance with paragraph (2) and subsection (c), modify the terms and conditions of a covered contract, without consideration, to reimburse a small business contractor for costs, other than costs reimbursable under subsection (a), that are direct costs of a covered emergency with respect to which reimbursement is permitted under subsection (a).
added “(2) Limitations—The Secretary of Defense may reimburse a small business contractor under this subsection to the extent that the relevant contracting officer determines in writing that—
added “(A) such reimbursement is necessary to ensure the continuation of contractor performance during, or the resumption of contractor performance after, the covered emergency;
added “(B) the small business contractor mitigated the costs that may be reimbursed under this subsection to the extent practicable; and
added “(C) it is in the best interest of the United States to reimburse such costs.
added “(c) Reimbursement conditions
added “(1) Cost identification—A cost is eligible for reimbursement under subsection (a) or (b) only if the relevant contracting officer determines that the records of the contractor to identify such cost as a cost described in either such subsection such that such contracting officer may audit such cost.
added “(2) Other Federal benefit offset
added “(A) In general—Any reimbursement under subsection (a) or (b) shall be reduced by an amount equal to the total amount of any other Federal payment, allowance, or tax or other credit received for a cost that is reimbursable under such subsection.
added “(B) Notification—A contractor that receives a payment, allowance, or credit described in subparagraph (A) for a cost which such contractor seeks reimbursement under subsection (a) or (b) shall submit to the relevant contracting officer a notice of the receipt of such payment, allowance, or credit—
added “(i) prior to the execution of a contract modification providing such reimbursement; and
added “(ii) not later than 30 days after such receipt.
added “(C) Post reimbursement—A contractor that receives a payment, allowance, or credit described in subparagraph (A) for a cost after the execution of a contract modification under subsection (a) or (b) reimbursing such cost, or that is unable to provide the notice required under subparagraph (B) in accordance with clause (i) of such subparagraph, shall—
added “(i) not later than 30 days after the receipt of the payment, allowance, or credit, notify the relevant contracting officer in writing of such receipt; and
added “(ii) agree to execute a contract modification to reduce the amount reimbursed under subsections (a) and (b) by the amount of such payment, allowance, or credit.
added “(3) Appropriations availability—Reimbursements under subsections (a) and (b) shall be subject to the availability of appropriations.
added “(d) Cost accounting standards—For the purposes of this section, a cognizant Federal agency official shall provide a contractor subject to the cost accounting standards issued pursuant to section 1502 of title 41 and required to submit one or more disclosure statements, a reasonable opportunity to amend any such disclosure statements to reflect any costs that are reimbursable under subsection (a).
added “(e) Definitions—In this section:
added “(1) Cognizant Federal agency official—The term cognizant Federal agency official has the meaning given such term in section 30.001 of title 48, Code of Federal Regulations.
added “(2) Covered contract—The term covered contract means any contract, including a fixed-price or cost-reimbursement contract, or any other agreement for the procurement of goods or services by or for the Department of Defense.
added “(3) Covered emergency—The term covered emergency means a declared pandemic which prevents the employees of a contractor of the Department of Defense or the employees of a subcontractor (at any tier) of such a contractor from performing work under a covered contract, as determined by the Secretary.
added “(4) Covered site—The term covered site means any government-owned, government-leased, contractor-owned, or contractor-leased facility approved by the Federal Government for contract performance.
added “(5) Disclosure statement—The term disclosure statement means a Disclosure Statement described in section 9903.202–1(a) of title 48, Code of Federal Regulations.
added “(6) Minimum applicable contract billing rate—The term minimum applicable contract billing rate means a rate capturing the financial impact incurred as a consequence of keeping the employees of a contractor or employees of subcontractors (at any tier) of a contractor in a ready state, including the base hourly pay rate of such employees and employees of such subcontractors, indirect costs, general and administrative expenses, and other relevant costs.
added “(7) Ready state—The term ready state means able to mobilize in a timely manner to perform under a covered contract.
added “(8) Small business contractor—The term small business contractor means a contractor for a covered contract that is a small business concern (as such term is defined under section 3 of the Small Business Act (15 U.S.C. 632).”
added
Clerical amendment— The table of sections for subchapter II of chapter 134 of title 10, United States Code, is amended by adding at the end the following new item:
Sec. 803 Prohibition on procurement of personal protective equipment from non-allied foreign nations
added
added
Prohibition—
added
In general— Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:
added “2339d. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations
added “(a) In general—Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation.
added “(b) Applicability—Subsection (a) shall apply to prime contracts and subcontracts at any tier.
added “(c) Exceptions
added “(1) In general—Subsection (a) does not apply under the following circumstances:
added “(A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price.
added “(B) The procurement of a covered item for use outside of the United States.
added “(C) Purchases for amounts not greater than $150,000.
added “(2) Limitation—A proposed purchase or contract for an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception.
added “(d) Definitions—In this section:
added “(1) Covered item—The term covered item means an article or item of—
added “(A) personal protective equipment for use in preventing spread of communicable disease, such as by exposure to infected individuals or contamination or infection by infectious material (including surgical masks, respirator masks and electric-powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or
added “(B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages.
added “(2) Covered nation—The term covered nation means—
added “(A) the Democratic People’s Republic of North Korea;
added “(B) the People’s Republic of China;
added “(C) the Russian Federation; and
added “(D) the Islamic Republic of Iran.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339c the following:
added
Future transfer—
added
Transfer and redesignation— Section 2339d of title 10, United States Code, as added by subsection (a), is transferred to subchapter I of chapter 283 of such title, added after section 3881, as transferred and redesignated by section 1837(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), and redesignated as section 3882.
added
Clerical amendments—
added
Target chapter table of sections— The table of sections at the beginning of chapter 283 of title 10, United States Code, as added by section 1837(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended by inserting after the item related to section 3881 the following new item:
added
Origin chapter table of sections— The table of sections at the beginning of chapter 137 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2339d.
added
Effective date— The transfer, redesignation, and amendments made by this subsection shall take effect on January 1, 2022.
added
References; savings provision; rule of construction— Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.
Sec. 804 Minimum wage for employees of Department of Defense contractors
added
added
In general—
added
Minimum wage for employees of Department of Defense contractors— Chapter 141 of title 10, United States Code is amended by inserting after section 2402 the following new section:
added “2403. Minimum wage for employees of Department of Defense contractors
added “(a) In general—Notwithstanding section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), an employee of a Department of Defense contractor performing a covered contract who is paid at an hourly rate shall be paid a minimum wage as follows:
added “(1) Beginning January 30, 2022, $15.00 an hour.
added “(2) Beginning January 1, 2023, at a minimum wage determined annually by the Secretary, except such wage may not be less than $15.00 an hour.
added “(b) Covered contract defined—In this section, the term covered contract means a contract or other agreement entered into on or after January 30, 2022, that—
added “(1) is for the procurement of services or construction; and
added “(2) with respect to which wages under such contract or other agreement are subject to—
added “(A) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.);
added “(B) section 6702 of title 41; or
added “(C) subchapter IV of chapter 31 of title 40 (known as the “Davis-Bacon Act”).”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2042 the following new item:
added
Rulemaking— Not later than January 30, 2022, the Secretary of Defense shall issue rules to carry out the requirement of section 2403 of title 10, United States Code, as added by subsection (a).
Sec. 805 Diversity and inclusion reporting requirements for covered contractors
added
added
In general— Subchapter V of chapter 325 of title 10, United States Code, is amended by inserting after section 4892 the following new section:
added “4893. Diversity and inclusion reporting requirements for covered contractors
added “(a) Covered contractor reports
added “(1) In general—The Secretary of Defense shall require each covered contractor awarded a major contract to submit to the Secretary of Defense by the last day of each full fiscal year that occurs during the period of performance of any major contract a report on diversity and inclusion.
added “(2) Elements—Each report under paragraph (1) shall include, for the fiscal year covered by the report—
added “(A) a description of each major contract with a period of performance during the fiscal year covered by the report, including the period of performance, expected total value, and value to date of each major contract;
added “(B) the total value of payments received under all major contracts of each covered contractor during such fiscal year;
added “(C) the total number of participants in the board of directors of each covered contractor, nominees for the board of directors of the covered contractor, and the senior leaders of the covered contractor, disaggregated by demographic classifications;
added “(D) with respect to employees of each covered contractor—
added “(i) the total number of such employees; and
added “(ii) the number of such employees (expressed as a numeral and as a percentage of the total number), identified by membership in demographic classification and major occupational group;
added “(E) the value of first-tier subcontracts under each major contract entered into during such fiscal year;
added “(F) with respect to employees of each covered subcontractor—
added “(i) the total number of such employees;
added “(ii) the number of such employees (expressed as a numeral and as a percentage of the total number), identified by membership in demographic classification and major occupational group;
added “(G) whether the board of directors of the covered contractor has, as of the date on which the covered contractor submits a report under this section, adopted any policy, plan, or strategy to promote racial, ethnic, and gender diversity among the members of the board of directors of the covered contractor, nominees for the board of directors of the covered contractor, or the senior leaders of the covered contractor; and
added “(H) a description of participation by the contractor in diversity programs, to include hours spent, funds expended in support of, and the number of unique relationships established by each such diversity program.
added “(b) Annual summary report
added “(1) Report required—Not later than 60 days after the first day of each fiscal year, the Secretary shall submit to the congressional defense committees a report summarizing the reports submitted pursuant to subsection (a).
added “(2) Elements—Each report under paragraph (1) shall include—
added “(A) an index of the reports submitted pursuant to subsection (a);
added “(B) a compilation of the data described in such subsection, disaggregated as described in such subsection;
added “(C) an aggregation of the data provided in such reports; and
added “(D) a narrative that analyzes the information disclosed in such reports and identifies any year-to-year trends in such information.
added “(c) Public availability—Each report required under this subsection shall be posted on a single publicly available website of the Department of Defense and made available in a machine-readable format that is downloadable, searchable, and sortable.
added “(d) Definitions—In this section:
added “(1) Covered contractor—The term covered contractor means a contractor awarded a major contract.
added “(2) Covered subcontractor—The term covered subcontractor means a subcontractor performing a subcontract that is one of the 10 highest aggregate value subcontracts under a major contract.
added “(3) Demographic classifications—The term demographic classifications means classifications by race, gender, veteran status, or ethnicity.
added “(4) Diversity program—The term diversity program means—
added “(A) a program conducted under section 3904 of this title;
added “(B) a mentor-protege relationship established under section 831 of the National Defense Authorization Act for Fiscal Year 1991;
added “(C) a program conducted under section 2192a of this title; or
added “(D) any other program designated by the Secretary of Defense as designed to increase the diversity of the workforce of the defense industrial base.
added “(5) Major contract—The term major contract has the meaning given the term in section 2432 of this title.
added “(6) Major occupational group—The term major occupational group means a major occupational group as defined by the Bureau of Labor Statistics.
added “(7) Senior leader—The term senior leader means—
added “(A) the president of a covered contractor;
added “(B) any vice president in charge of a principal business unit, division, or function of a covered contractor;
added “(C) any other officer of a covered contractor who performs a policy-making function; or
added “(D) an individual responsible for the direct or indirect management of more than 200 individuals.”
added
Clerical amendment— The table of sections for subchapter V of chapter 325 of title 10, United States Code, is amended by adding after the item related to section 4892 the following:
added
Effective date and applicability— The amendments made by this section shall take effect on July 1, 2022, and shall apply with respect to contracts entered into on or after July 1, 2022.
Sec. 806 Website for certain domestic procurement waivers
added
added
In general— Section 4814 of title 10, United States Code, as transferred and redesignated by section 1867(b) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended by adding at the end the following new subsection:
added “(c) Website required—Not later than 18 months after the date of the enactment of this subsection, the Secretary of Defense shall establish and maintain a single publicly available website for the purpose of publishing the information required by subsection (a)(5).”
added
Effective date— The amendments made by this section shall take effect on January 1, 2022.
Sec. 807 Suspension or debarment referral for egregious violations of certain domestic preference laws
added
added
In general— A contracting officer shall refer to the appropriate suspension or debarment official any current or former contractor of the Department of Defense if such contracting officer reasonably believes that such contractor has egregiously violated any covered domestic preference law.
added
Egregious violation determination— For the purposes of this section, a contractor egregiously violates a covered domestic preference law when—
added
such contractor knowingly or willfully uses or provides goods, articles, materials, or supplies in violation of a covered domestic preference law; and
added
such violation, individually or in the aggregate with other violations of domestic preference laws by such contractor, is severe (including through the effects, dollar value, or frequency, or any combination thereof, of such violations).
added
Debarment or suspension basis— An egregious violation of a covered domestic preference law by a contractor may be a basis for suspension or debarment of the contractor.
added
Safe harbor— The use or provision of goods, articles, materials, or supplies by a contractor in violation of a covered domestic preference law may not be considered such a violation for the purposes of a determining whether such contractor has egregiously violated any covered domestic preference law if such contractor reasonably acted in good-faith reliance on—
added
a written waiver from an individual who is permitted by law or regulation to waive the covered domestic preference law; or
added
a representation by a third party about the origin of such goods, articles, materials, or supplies.
added
Covered domestic preference law defined— In this section, the term covered domestic preference law means any provision of section 2533a or 2533b of title 10, United States Code, or chapter 83 of title 41 of such Code that requires or creates a preference for the procurement of goods, articles, materials, or supplies, that are grown, mined, reprocessed, reused, manufactured, or produced in the United States.
Sec. 811 Extension of authorization for the defense civilian acquisition workforce personnel demonstration project
addedadded Section 1762(g) of title 10, United States Code, is amended by striking “2023” and inserting “2025”.
Sec. 812 Modifications to contracts subject to cost or pricing data certification
addedadded Section 2306a(a)(6) of title 10, United States Code, is amended—
added
by striking “Upon the request” and all that follows through “paragraph (1)” and inserting “Under paragraph (1),”; and
added
by striking “modify the contract” and all that follows through “consideration.” and inserting “modify the contract as soon as practicable to reflect subparagraphs (B) and (C) of such paragraph, without requiring consideration.”.
Sec. 813 Office of Corrosion Policy and Oversight employee training requirements
addedadded Section 2228 of title 10, United States Code, is amended—
added
in subsection (b), by adding at the end the following new paragraph:
added “(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.”
added
in subsection (c)—
added
in paragraph (2), by striking “; and” and inserting a semicolon;
added
in paragraph (3), by striking the period at the end and inserting “; and” ; and
added
by adding at the end the following new paragraph:
added “(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.”
added
in subparagraph (f), by adding at the end the following new paragraph:
added “(6) The term qualified training program means a training program in corrosion control, mitigation, and prevention that is either—
added “(A) offered or accredited by an organization that sets industry corrosion standards; or
added “(B) an industrial coatings applicator training program registered under the Act of August 16, 1937 (popularly known as the “National Apprenticeship Act”; 29 U.S.C. 50 et seq.).”
Sec. 814 Standard guidelines for evaluation of requirements for services contracts
added
added
Inclusion of inventory and standard guidelines in budget request— Section 2329 of title 10, United States Code, is amended—
added
in subsection (b)—
added
in the matter preceding paragraph (1), by striking “Effective October 1, 2021,” and inserting “Effective February 1, 2022,”;
added
by amending paragraph (4) to read as follows:
added “(4) be informed by the review the inventory required by section 2330a(c) using standard guidelines developed under subsection (d).”
added
in paragraph (5), by inserting “, except with respect to information on services contracts in support of contingency operations, humanitarian assistance, disaster relief, in support of a national security emergency declared with respect to a named operation, or entered into pursuant to an international agreement shall be excluded from such submission” before the period at the end;
added
by striking subsection (f); and
added
redesignating subsection (g) as subsection (f).
added
Standard guidelines— Section 2329(d) of title 10, United States Code, is amended—
added
by striking “Each Services Requirements Review Board” and inserting “(1) Each Services Requirements Review Board”; and
added
by adding at the end the following new paragraph:
added “(2) The Secretary of Defense shall establish and issue standard guidelines within the Department of Defense for the evaluation of requirements for services contracts. Any such guidelines issued—
added “(A) shall be based on the checklist relating to services contract approval established and in use by the Department of the Army (as set forth in the request for services contract approval form updated as of August 2012, or any successor form); and
added “(B) shall be updated as necessary to incorporate applicable statutory changes to total force management policies and procedures and any other guidelines or procedures relating to the use Department of Defense civilian employees to perform new functions and functions that are performed by contractors.
added “(3) A general or flag officer, or a civilian employee of the Department of Defense in the Senior Executive Service, with responsibility for supervising requirements owners shall certify—
added “(A) that a task order or statement of work being submitted to a contracting office is in compliance with the standard guidelines;
added “(B) that all appropriate statutory risk mitigation efforts have been made; and
added “(C) that such task order or statement of work does not include requirements formerly performed by Department of Defense civilian employees.
added “(4) A general or flag officer, or a civilian employee of the Department of Defense in the Senior Executive Service may not delegate the duties described in paragraph (3) to an officer in a grade below O–7 (or a civilian employee of the Department of Defense at or below grade GS–15 of the General Schedule) without authorization from the Assistant Secretary of the Department of Defense concerned.
added “(5) The Inspector General of the Department of Defense may conduct annual audits to ensure compliance with this section.”
added
Repeals—
added
Section 235 of title 10, United States Code, is repealed.
added
Section 852 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1492; 10 U.S.C. 2329 note) is repealed.
Sec. 815 Extension of requirement to submit Selected Acquisition Reports
added
added
Repeal of termination— Section 2432 of title 10, United States Code, is amended by striking subsection (j).
added
Repeal of termination of certain additional reports— Section 1051(x) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1567; 10 U.S.C. 111 note) is amended by striking paragraph (4).
Sec. 816 Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels
addedadded Section 2534 of title 10, United States Code, is amended—
added
in subsection (a)(2), by adding at the end the following new subparagraph:
added “(F) Welded shipboard anchor and mooring chain.”
added
in subsection (b)—
added
by striking “A manufacturer” and inserting “(1) Except as provided in paragraph (2), a manufacturer”; and
added
by adding at the end the following new paragraph:
added “(2) A manufacturer of welded shipboard anchor and mooring chain for naval vessels meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.”
Sec. 817 Competition requirements for purchases from Federal Prison Industries
added
added
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:
added “(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—
added “(1) is comparable to products available from the private sector; and
added “(2) best meets the needs of the Department of Defense in terms of price, quality, and time of delivery.
added “(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.”
added
Effective date— The amendment made by subsection (a) shall take effect on February 1, 2022.
Sec. 818 Repeal of preference for fixed-price contracts
added
added
Repeal— Section 829 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2306 note) is repealed.
added
Conforming amendment— Chapter 242 of title 10, United States Code, as amended by section 1817(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
added
in table of contents for such chapter, by striking the item relating to section 3324; and
added
by striking the enumerator, section heading, and subsequent matter relating to section 3324.
Sec. 819 Modification to the pilot program for streamlining awards for innovative technology projects
added
added
Extension— Section 873(f) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2306a note) is amended by striking “October 1, 2022” and inserting “October 1, 2024”.
added
Recommendation on extension—
added
In general— Not later than April 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a recommendation regarding the extension of the pilot program for streamlining awards for innovative technology projects established under section 873(f) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2306a note), and if applicable, the duration of any such extension.
added
Data on extension— If the Secretary of Defense recommends an extension of the pilot program under paragraph (1), not later than 60 days after making such recommendation, the Secretary shall submit to the congressional defense committees a report on the outcomes of the pilot program, including—
added
the number of small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) or nontraditional defense contractors (as defined under section 2302 of title 10, United States Code) that benefitted from the implementation of the pilot program;
added
the number of small business concerns that would not have entered into a contract with the Department of Defense but for the implementation of the pilot program; and
added
a description of the goods and services acquired by the Department through the pilot program that otherwise would not have been acquired.
Sec. 820 Other transaction authority information accessibility
addedadded Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition & Sustainment shall submit to the congressional defense committees recommendations for making data on the exercise of the authorities provided under sections 2371 or 2371b of title 10, United States Code, more accessible to the public and improving the reporting of such information, including recommendations for—
added
reducing data reporting requirements to the minimum necessary to identify—
added
with respect to a transaction under either such section—
added
the participants to the transaction (other than the Federal Government), including each business selected to perform work under the transaction by a participant to the transaction that is a consortium of private entities;
added
the date on which each participant entered into the transaction; and
added
the amount of the transaction; and
added
with respect to a follow-on contract or transaction awarded under section 2371b of title 10, United States Code—
added
the awardee;
added
the amount; and
added
the date awarded.
added
a method for collecting such information in an online, public, searchable database.
Sec. 831 Department of Defense research and development priorities
addedadded The Secretary of Defense shall coordinate with the Secretary of Energy to ensure that the priorities of the Department of Defense with respect to the research and development of alternative technologies to, and methods for the extraction, processing, and recycling of, critical minerals (as defined in section 2(b) of the National Materials and Minerals Policy, Research, and Development Act of 1980 (30 U.S.C. 1601(b))) are included in the appropriate research and development activities funded by the Secretary of Energy pursuant to the program established under paragraph (g) of section 7002 of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260).
Sec. 832 Defense supply chain risk assessment framework
added
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish a framework, which may be included as part of a framework developed under section 2509 of title 10, United States Code, and pursuant to recommendations provided under section 5 of Executive Order 14017 (86 Fed. Reg. 11849, relating to America’s supply chains), to consolidate the information relating to risks to the defense supply chain that is collected by the elements of the Department of Defense to—
added
enable Department-wide risk assessments of the defense supply chain; and
added
support the development of strategies to mitigate risks to the defense supply chain.
added
Framework requirements— The framework established under subsection (a) shall—
added
provide for the collection, management, and storage of data from the supply chain risk management processes of the Department of Defense;
added
provide for the collection of reports on supply chain risk management from the military departments and Defense Agencies, and the dissemination of such reports to the components of the military departments and Defense Agencies involved in the management of supply chain risk;
added
enable all elements of the Department to analyze the information collected by such framework to identify risks to the defense supply chain;
added
enable the Department to—
added
assess the capabilities of foreign adversaries (as defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c))) to affect the defense supply chain;
added
analyze the ability of the industrial base of the United States to meet the needs of the defense supply chain;
added
track global technology trends that could affect the defense supply chain, as determined by the Secretary of Defense; and
added
assess the risks posed by emerging threats to the defense supply chain;
added
support the identification of technology in which the Department may invest to reduce risks to the defense supply chain, including by improving the resilience of the defense supply; and
added
provide for—
added
a map of the supply chains for major end items that supports analysis, monitoring, and reporting with respect to high-risk subcontractors and risks to such supply chain; and
added
the use of a covered application described in subsection (c) in the creation of such map to assess risks to the supply chain for major end items by business sector, vendor, program, part, or technology.
added
Covered application described— The covered application described in this subsection is a covered application that includes the following elements:
added
A centralized database that consolidates multiple disparate data sources into a single repository to ensure the consistent availability of data.
added
Centralized reporting to allow for efficient mitigation and remediation of identified supply chain vulnerabilities.
added
Broad interoperability with other software and systems to ensure support for the analytical capabilities of user across the Department.
added
Scalable technology to support multiple users, access controls for security, and functionality designed for information-sharing and collaboration.
added
Guidance— Not later than 180 days after the framework required under subsection (a) is established, and regularly thereafter, the Secretary of Defense shall issue guidance on mitigating risks to the defense supply chain.
added
Reports—
added
Progress report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of establishing the framework as required under subsection (a).
added
Final report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the framework established under subsection (a) and the organizational structure to manage and oversee the framework.
added
Definitions— In this section:
added
Covered application— The term covered application means a software-as-a-service application that uses decision science, commercial data, and machine learning techniques.
added
Defense Agency; military department— The terms Defense Agency and military department have the meanings given such terms in section 101 of title 10, United States Code.
added
High-risk subcontractors— The term high-risk subcontractor means a subcontractor at any tier that supplies major end items for the Department of Defense.
added
Major end item— The term major end item means an item subject to a unique item-level traceability requirement at any time in the life cycle of such item under Department of Defense Instruction 8320.04, titled “Item Unique Identification (IUID) Standards for Tangible Personal Property” and dated September 3, 2015, or any successor instruction.
Sec. 833 Plan to reduce reliance on supplies and materials from adversaries in the defense supply chain
added
added
Reliance reduction plan—
added
In general— The Secretary of Defense, in coordination with the Secretary of State, shall develop and implement a plan to—
added
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
added
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.
added
Consideration— The Secretary of Defense shall consider the determinations made under paragraph (3) when developing the plan under paragraph (1).
added
Supplies and materials source determinations— Before developing the plan under paragraph (1), the Secretary of Defense, in coordination with Secretary of State, shall determine—
added
the covered supplies and materials for which a source is located in a geographic area controlled by a foreign adversary;
added
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—
added
reduce the reliance of the Department on covered supplies and materials described in subparagraph (A); and
added
increase the resiliency of the defense supply chain;
added
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
added
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.
added
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—
added
the determinations made under subsection (a)(3);
added
the plan required under subsection (a)(1).
added
Definitions— In this section:
added
Appropriate congressional committees— The term appropriate congressional committees means the following:
added
The Committee on Armed Services of the House of Representatives.
added
The Committee on Armed Services of the Senate.
added
The Committee on Foreign Affairs of the House of Representatives.
added
The Committee on Foreign Relations of the Senate.
added
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.
added
Covered supplies and materials—
added
In general— Except as provided in subparagraph (B), the term covered supplies and materials—
added
means—
added
critical safety systems and subsystems;
added
assemblies and subassemblies integral to a system or subsystem; and
added
repair, maintenance, logistics support, and overhaul services for systems, subsystems, assemblies, subassemblies, and parts integral to a systems; and
added
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.
added
Certain strategic and critical materials excluded— The term covered supplies and materials does not include any strategic and critical materials (as defined under section 12 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-3)) with respect to which the Secretary includes an appropriate reduction plan in a report required under section 14 of such Act (50 U.S.C. 98h-5).
added
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)).
added
Major end item— The term major end item means an item subject to a unique item-level traceability requirement at any time in the life cycle of such item under Department of Defense Instruction 8320.04, titled “Item Unique Identification (IUID) Standards for Tangible Personal Property” and dated September 3, 2015, or any successor instruction.
Sec. 834 Enhanced domestic content requirement for major defense acquisition programs
added
added
Assessment required—
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the domestic source content of any procurement.
added
Information repository— The Secretary of Defense shall establish an information repository for the collection and analysis of information related to domestic source content that can be used for continuous data analysis and program management activities.
added
Enhanced domestic content requirement—
added
In general— Except as provided in paragraph (2), for purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, or supplies procured are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of such component articles, materials, or supplies—
added
supplied not later than the date of the enactment of this Act, exceeds 60 percent of cost of the manufactured articles, materials, or supplies procured;
added
supplied during the period beginning January 1, 2024, and ending December 31, 2028, exceeds 65 percent of the cost of the manufactured articles, materials, or supplies; and
added
supplied on or after January 1, 2029, exceeds 75 percent of the cost of the manufactured articles, materials, or supplies.
added
Exclusion for certain manufactured articles— Paragraph (1) shall not apply to manufactured articles that consist wholly or predominantly of iron, steel, or a combination of iron and steel.
added
Rulemaking—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to determine the treatment of the lowest price offered for a foreign end product for which 55 percent or more of the component articles, materials, or supplies of such foreign end product are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if—
added
the application paragraph (1) results in an unreasonable cost; or
added
no offers are submitted to supply manufactured articles, materials, or supplies manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.
added
Termination— Rules issued under this paragraph shall cease to have force or effect on January 1, 2030.
added
Applicability— The requirements of this subsection shall apply to contracts entered into on or after the date of the enactment of this Act.
Sec. 835 Reduction of fluctuations of supply and demand for certain covered items
added
added
Supply and demand requirements— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—
added
specify methods and processes to track and reduce fluctuations in supply chain forecasting and demand requirements of the Office of the Secretary of Defense, each military department, and the Defense Logistics Agency for covered items; and
added
implement policies to encourage predictable demand requirements for covered items for the Office of the Secretary of Defense, each military department, and the Defense Logistics Agency.
added
Report— Not later than 15 months after the date of the enactment of this Act, and quarterly thereafter, each Secretary of a military department and the Director of the Defense Logistics Agency shall submit to the Under Secretary of Defense for Acquisition and Sustainment a report on the fluctuations in supply chain forecasting and demand requirements for each covered item, expressed as a percentage.
added
Covered item defined— In this section, the term covered item means a covered item described in subparagraph (B), (C), or (E) of subsection (b)(1) or subsection (b)(2) of section 2533a of title 10, United States Code.
Sec. 836 Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region
added
added
Prohibition on the availability of funds for certain procurements from XUAR— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of a “poverty alleviation” or “pairing assistance” program.
added
Rulemaking— The Secretary of Defense shall issue rules not later than 90 days after the date of the enactment of this Act to require a certification from offerors for contracts with the Department of Defense stating the offeror has made a good faith effort to determine that forced labor from XUAR, as described in subsection (a), was not or will not be used in the performance of such contract.
added
Definitions— In this section:
added
Forced labor— The term forced labor means all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily.
added
Person— The term person means—
added
a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or
added
any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A).
added
XUAR— The term XUAR means the Xinjiang Uyghur Autonomous Region of the People’s Republic of China.
Sec. 841 Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries
addedadded Section 851 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1510; 10 U.S.C. 2283 note) is amended to read as follows:
added “851. Pilot program for development of technology-enhanced capabilities with partnership intermediaries
added “(a) Establishment—The Secretary of Defense may authorize the Commander of the United States Special Operations Command to use funds described in subsection (b) for a pilot program under which the Commander shall make, through the use of a partnership intermediary, covered awards to small business concerns to develop technology-enhanced capabilities for special operations forces.
added “(b) Funds
added “(1) In general—The funds described in this subsection are funds transferred to the Commander of the United States Special Operations Command to carry out the pilot program established under this section from funds available to be expended by each covered entity pursuant to section 9(f) of the Small Business Act.
added “(2) Limitations
added “(A) Fiscal year—A covered entity may not transfer to the Commander an amount greater than 10 percent of the funds available to be expended by such covered entity pursuant to section 9(f) of the Small Business Act for a fiscal year.
added “(B) Aggregate amount—The aggregate amount of funds to be transferred to the Commander may not exceed $20,000,000.
added “(c) Partnership Intermediaries
added “(1) Authorization—The Commander may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of contracts and agreements to small business concerns.
added “(2) Limitation—None of the funds described in subsection (b) may be used to pay a partnership intermediary for any costs associated with the pilot program.
added “(3) Data—With respect to a covered award made under this section, the Commander shall gather data on the role of the partnership intermediary to include the—
added “(A) staffing structure;
added “(B) funding sources; and
added “(C) methods for identifying and evaluating small business concerns eligible for a covered award.
added “(d) Report
added “(1) Annual report—Not later than October 1 of each year until October 1, 2026, the Commander of the United States Special Operations Command, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report including—
added “(A) a description of each agreement with a partnership intermediary entered into pursuant to this section;
added “(B) for each covered award made under this section—
added “(i) a description of the role served by the partnership intermediary;
added “(ii) the amount of funds obligated;
added “(iii) an identification of the small business concern that received such covered award;
added “(iv) a description of the use of such covered award;
added “(v) a description of the role served by the program manager (as defined in section 1737 of title 10, United States Code) of the covered entity with respect to the small business concern that received such covered award, including a description of interactions and the process of the program manager in producing a past performance evaluation of such concern; and
added “(vi) the benefits achieved as a result of the use of a partnership intermediary for the pilot program established under this section as compared to previous efforts of the Commander to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces; and
added “(C) a plan detailing how each covered entity will apply lessons learned from the pilot program to improve processes for directly working with and supporting small business concerns to develop technology-enhanced capabilities for special operations forces.
added “(2) Final report—The final report required under this subsection shall include, along with the requirements of paragraph (1), a recommendation regarding—
added “(A) whether and for how long the pilot program established under this section should be extended; and
added “(B) whether to increase funding for the pilot program, including a justification for such an increase.
added “(e) Termination—The authority to carry out a pilot program under this section shall terminate on September 30, 2025.
added “(f) Definitions—In this section:
added “(1) The term covered award means an award made under the Small Business Innovation Research Program.
added “(2) The term covered entity means—
added “(A) the Army;
added “(B) the Navy;
added “(C) the Air Force;
added “(D) the Marine Corps;
added “(E) the Space Force; and
added “(F) any element of the Department of Defense that makes awards under the Small Business Innovation Research Program or Small Business Technology Transfer Program.
added “(3) The term partnership intermediary has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715(c)).
added “(4) The term small business concern has the meaning given the term under section 3 of the Small Business Act (15 U.S.C. 632).
added “(5) The term Small Business Innovation Research Program has the meaning given the term in section 9(e)(4) of the Small Business Act (15 U.S.C. 638(e)).
added “(6) The term technology-enhanced capability means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission.”
Sec. 842 Designating certain SBIR and STTR programs as entrepreneurial innovation projects
added
added
Entrepreneurial Innovation Project Pilot Program—
added
In general— The Secretary of Defense and the covered Secretaries concerned shall each establish and carry out a pilot program to more effectively transition projects that have completed a Phase II SBIR or STTR award and that present the potential to meet operational needs of elements of the Department of Defense to Phase III by designating eligible programs as Entrepreneurial Innovation Projects.
added
Designation— Not later than one year after the date of the enactment of this section, and annually thereafter, not less than five eligible programs shall be designated as Entrepreneurial Innovation Projects by—
added
each covered Secretary concerned, in consultation with each chief of a covered Armed Force under the jurisdiction of the Secretary concerned; and
added
the Secretary of Defense for each covered element of the Department.
added
Selection requirements—
added
Future years defense program inclusion— The Secretary of Defense shall include the estimated expenditures of each designated program in the first future-years defense program submitted to Congress under section 221 of title 10, United States Code, after such designated program is designated under subsection (a)(2).
added
PPBE component— Each designated program shall be considered by the designating Secretary as an integral part of the planning, programing, budgeting, and execution process of the Department of Defense.
added
Programming proposal— Each designated program shall be included by the designating Secretary under a separate heading in any programming proposals submitted to the congressional defense committees.
added
Designation criteria— In making designations required under subsection (a)(2), the covered Secretary concerned or the Secretary of Defense, as applicable, shall consider—
added
the potential of the eligible program to—
added
advance the national security capabilities of the United States;
added
provide new technologies or processes, or new applications of existing technologies, that will enable new alternatives to existing programs;
added
provide future cost savings; and
added
significantly reduce the time to deliver capabilities to members of the covered Armed Forces; and
added
any other criteria that the covered Secretary concerned or Secretary of Defense, as applicable, determines appropriate.
added
Mitigate conflicts of interest— The covered Secretary concerned or the Secretary of Defense, as applicable, shall establish procedures for the designation of Entrepreneurial Innovation Projects which will mitigate, to the greatest extent practicable, organizational conflicts of interests, including those from within Governmental organizations or programs that could view the designation and successful completion of an Entrepreneurial Innovation Project as a competing alternative to an existing or proposed program or other activity.
added
Application— The Secretary of Defense and each covered Secretary concerned shall establish an application process for eligible programs seeking designation as Entrepreneurial Innovation Projects.
added
Revocation of designation— If the designating Secretary determines that a designated program no longer meets the criteria in subsection (b)(4) or that the technology has become irrelevant, the designating Secretary may revoke the Entrepreneurial Innovation Project designation for such designated program.
added
Reports to congress—
added
Annual report— The Secretary of Defense shall submit to congressional defense committees, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives, concurrently with the President’s annual budget request, an annual report that includes for each designated program—
added
a description of the designated program;
added
a summary of the potential of the designated program as considered under subsection (b)(4)(A);
added
the progress made towards inclusion in the future-years defense program;
added
the progress made towards delivering on the potential of the designated program; and
added
such other information that the Secretary determines appropriate to inform the congressional defense committees about the status of the pilot programs established under this section.
added
Final report— In the last report submitted under paragraph (1) prior to December 31, 2027, the Secretary of Defense shall include a recommendation on whether to extend the pilot programs established under this section and the appropriate duration of such extension, if any.
added
Effective date— This section shall take effect on January 1, 2022.
added
Termination date— The pilot programs established under this section shall terminate on December 31, 2027.
added
Definitions— In this section:
added
Covered Armed Forces— The term covered Armed Forces means—
added
the Army;
added
the Navy;
added
the Air Force;
added
the Marine Corps; and
added
the Space Force.
added
Covered element of the Department— The term covered element of the Department means any element of the Department of Defense, other than an element referred to in paragraph (3), that is associated with the Small Business Innovation Research or Small Business Technology Transfer programs.
added
Covered Secretary concerned— The term covered Secretary concerned means—
added
the Secretary of the Army, with respect to matters concerning the Department of the Army;
added
the Secretary of the Navy, with respect to matters concerning the Department of the Navy (other than matters concerning the Coast Guard); and
added
the Secretary of the Air Force, with respect to matters concerning the Department of the Air Force.
added
Eligible program— The term eligible program means a project that has completed a Phase II SBIR or STTR award.
added
Designated program— The term designated program means an eligible program that has been designated as an Entrepreneurial Innovation Project under this section and for which such designation has not been revoked under subsection (c).
added
Designating Secretary— The term designating Secretary means—
added
with respect to a designated program designated as an Entrepreneurial Innovation Project under this section by a covered Secretary concerned, such covered Secretary concerned; and
added
with respect to all other designated programs, the Secretary of Defense.
added
Phase II; Phase III; SBIR; STTR— The terms Phase II, Phase III, SBIR, and STTR have the meanings given such terms in section 9(e) of the Small Business Act (15 U.S.C. 638(e)).
Sec. 843 Modifications to printed circuit board acquisition restrictions
added
added
In general— Section 2533d of title 10, United States Code, is amended—
added
in subsection (a)—
added
in paragraph (1), by striking “January 1, 2023” and inserting “the date determined under paragraph (3)”; and
added
by adding at the end the following new paragraph:
added “(3) Paragraph (1) shall take effect on January 1, 2027.”
added
in subsection (c)—
added
in paragraph (2)—
added
in the matter preceding subparagraph (A), by inserting “specified type of” after “means any”;
added
in subparagraph (A), by striking “(as such terms are defined under sections 103 and 103a of title 41, respectively)”; and
added
by amending subparagraph (B) to read as follows:
added “(B) is a component of—
added “(i) a defense security system; or
added “(ii) a system, other than a defense security system, that transmits or stores information and which the Secretary identifies as national security sensitive in the contract under which such printed circuit board is acquired.”
added
by adding at the end the following new paragraphs:
added “(3) Commercial product; commercial service; commercially available off-the shelf item—The terms commercial product, commercial service, and commercially available off-the-shelf item have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively.
added “(4) Defense security system
added “(A) The term defense security system means an information system (including a telecommunications system) used or operated by the Department of Defense, by a contractor of the Department, or by another organization on behalf of the Department, the function, operation, or use of which—
added “(i) involves command and control of an armed force;
added “(ii) involves equipment that is an integral part of a weapon or weapon system; or
added “(iii) subject to subparagraph (B), is critical to the direct fulfillment of military missions.
added “(B) Subparagraph (A)(iii) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).
added “(5) Specified type—The term specified type means a printed circuit board that is—
added “(A) a component of an electronic device that facilitates the routing, connecting, transmitting or securing of data and is commonly connected to a network, and
added “(B) any other end item, good, or product specified by the Secretary in accordance with subsection (d)(2).”
added
by amending subsection (d) to read as follows:
added “(d) Rulemaking
added “(1) The Secretary may issue rules providing that subsection (a) may not apply with respect to an acquisition of commercial products, commercial services, and commercially available off-the-shelf items if—
added “(A) the contractor is capable of meeting minimum requirements that the Secretary deems necessary to provide for the security of national security networks and weapon systems, including, at a minimum, compliance with section 224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2302 note); and
added “(B) either—
added “(i) the Government and the contractor have agreed to a contract requiring the contractor to take certain actions to ensure the integrity and security of the item, including protecting the item from unauthorized access, use, disclosure, disruption, modification, or destruction; or
added “(ii) the Secretary has determined that the contractor has adopted such procedures, tools, and methods for identifying the sources of components of such item, based on commercial best practices, that meet or exceed the applicable trusted supply chain and operational security standards of the Department of Defense.
added “(2) The Secretary may issue rules specifying end items, goods, and products for which a printed circuit board that is a component thereof shall be a “specified type” if the Secretary has promulgated final regulations, after an opportunity for notice and comment that is not less than 12 months, implementing this section.
added “(3) In carrying out this section, the Secretary shall, to the maximum extent practicable, avoid imposing contractual certification requirements with respect to the acquisition of commercial products, commercial services, or commercially available off-the-shelf items.”
added
Modification of independent assessment of printed circuit boards— Section 841(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
added
in paragraph (1)—
added
by striking “the date of enactment of this Act” and inserting “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022”;
added
by striking “shall seek to enter” and inserting “shall enter”;
added
by striking “to include printed circuit boards in commercial products or services, or in” and inserting “to printed circuit boards in other commercial or”; and
added
) by striking “the scope of mission critical” and all that follows through the period at the end and inserting “types of systems other than defense security systems (as defined in section 2533d(c) of title 10, United States Code) that should be subject to the prohibition in section 2533d(a) of title 10, United States Code.”;
added
in the heading for paragraph (2), by striking “department of defense” and inserting “Department of Defense”;
added
in paragraph (2), by striking “one year after entering into the contract described in paragraph (1)” and inserting “January 1, 2023”;
added
in the heading for paragraph (3), by striking “congress” and inserting “Congress”; and
added
in paragraph (3), by inserting after “the recommendations of the report.” the following: “The Secretary shall use the report to determine whether any systems (other than defense security systems (as defined in section 2533d(c) of title 10, United States Code)) or other types of printed circuit boards should be subject to the prohibition in section 2533d(a) of title 10, United States Code.”.
Sec. 844 Defense industrial base coalition for career development
added
added
In general— The Under Secretary of Defense for Acquisition and Sustainment shall establish and manage a coalition among covered institutions of higher education, career and technical education programs, workforce development boards, labor organizations, and organizations representing defense industrial base contractors to focus on career pathways for individuals seeking careers in manufacturing. The goals of the coalition shall be—
added
to highlight the importance of expertise in manufacturing careers;
added
to share experiences of successful partnerships between such organizations and covered institutions of higher education to create opportunities for individuals attending such institutions to be hired by defense industrial base contractors; and
added
to encourage opportunities for donating used equipment of defense industrial base contractors to covered institutions of higher education for use in training such individuals.
added
Report— Not later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the coalition established under subsection (a), shall submit to the congressional defense committees a report including—
added
the results of any cooperative work-education program established by defense laboratories pursuant to section 2195 of title 10, United States Code;
added
an assessment of whether such programs could be expanded to include individuals attending secondary schools and career and technical education programs to create opportunities for such individuals to be hired by defense industrial base contractors; and
added
recommendations for whether incentive contracts are needed to encourage defense industrial base contractors to provide career pathways for individuals seeking careers in manufacturing.
added
Definitions— In this section:
added
Covered institution of higher education— The term covered institution of higher education means—
added
an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and
added
a postsecondary vocational institution, as defined in section 102(c) of such Act (20 U.S.C. 1002(c)).
added
Defense industrial base contractor— The term defense industrial base contractor means a prime contractor or subcontractor (at any tier) in the defense industrial base.
added
Labor organization— The term labor organization has the meaning given such term in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)).
added
Secondary school— The term secondary school has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
added
Career and technical education— The term career and technical education has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
added
Workforce development board— The term workforce development board means a State board or a local board, as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
Sec. 845 Additional testing of commercial e-commerce portal models
addedadded Section 846(c) of the National Defense Authorization Act for Fiscal Year 2018 (41 U.S.C. 1901 note) is amended by adding at the end the following new paragraphs:
added “(5) Additional testing—Not later than 90 days after the date of the enactment of this paragraph, the Administrator shall—
added “(A) begin testing commercial e-commerce portal models other than any commercial e-commerce portal identified in the recommendations issued under paragraph (3); and
added “(B) shall submit to the congressional defense committees a report that includes—
added “(i) a summary of the assessments conducted under subsection (c)(2) with respect to a commercial e-commerce portal provider identified in the recommendations issued under subsection (c)(3);
added “(ii) a list of the types of commercial products procured from such provider;
added “(iii) the amount spent by the head of a department or agency under the program, disaggregated by type of commercial product and commercial e-commerce portal provider;
added “(iv) a update on the commercial e-commerce portal models being tested and a timeline for completion of such testing.
added “(6) Report—Upon completion of testing conducted under paragraph (5) and before taking any action with respect to the commercial e-commerce portal models tested, the Administrator of General Services shall submit to the congressional defense committees a report on the results of such testing that includes—
added “(A) an assessment and comparison of commercial e-commerce portal providers with respect to—
added “(i) price and quality of the commercial product supplied by each commercial e-commerce portal model;
added “(ii) supplier reliability and service;
added “(iii) safeguards for the security of Government information and third-party supplier proprietary information;
added “(iv) protections against counterfeit commercial products;
added “(v) supply chain risks, particularly with respect to complex commercial products; and
added “(vi) overall adherence to Federal procurement rules and policies; and
added “(B) an analysis of the costs and benefits of the convenience to the Federal Government of procuring commercial products from each commercial e-commerce portal providers.”
Sec. 846 Support for industry participation in global standards organizations
added
added
Definition— In this section:
added
Administrator— The term Administrator means the Administrator of the Small Business Administration.
added
Appropriate congressional committees— The term appropriate congressional committees means the following:
added
The Committee on Science, Space, and Technology of the House of Representatives.
added
The Committee on Commerce, Science, and Transportation of the Senate.
added
The Committee on Energy and Commerce of the House of Representatives.
added
The Committee on Energy and Natural Resources of the Senate.
added
The Committee on Small Business of the House of Representatives.
added
The Committee on Small Business and Entrepreneurship of the Senate.
added
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).
added
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.
added
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).
added
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.
added
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—
added
regularly attending meetings;
added
contributing expertise and research;
added
proposing new work items; and
added
volunteering for leadership roles such as a convener or editor.
added
Award criteria— The Administrator may only provide a grant under this section to a covered entity that—
added
demonstrates deep technical expertise in key emerging technologies and technical standards, including artificial intelligence and related technologies;
added
commits personnel with such expertise to regular participation in global bodies responsible for developing standards for such technologies over the period of the grant;
added
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
added
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.
added
No matching contribution— A recipient of an award under this section shall not be required to provide a matching contribution.
added
Evaluation—
added
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.
added
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—
added
private industry;
added
non-profit institutions;
added
non-profit standards development organizations;
added
academia; and
added
the Federal Government.
added
Report— Not less than annually, the Administrator shall submit to the appropriate congressional committees a report on—
added
the efficacy of the program;
added
an explanation of any standard adopted as a result of the program;
added
any challenges faced in carrying out the program; and
added
proposed solutions to the challenges identified in paragraph (3).
Sec. 851 Mission management pilot program
added
added
In general— Subject to the availability of appropriations, the Secretary of Defense shall establish within the Strategic Capabilities Office of the Department of Defense a pilot program to identify lessons learned and improved mission outcomes achieved by quickly delivering solutions that fulfill critical operational needs arising from cross-service missions undertaken by combatant commands through the use of a coordinated and iterative approach to develop, evaluate, and transition such solutions.
added
Missions selection—
added
In general— Except as provided in paragraph (3), the Deputy Secretary of Defense shall select missions with respect to which to carry out the pilot program.
added
Selection criteria— When selecting missions under paragraph (1), the Deputy Secretary of Defense shall—
added
select missions with critical cross-service operational needs; and
added
consider—
added
the strategic importance of the critical cross-service operational needs to the operational plans of the relevant combatant commands; and
added
the advice of the Cross-Functional Teams of the Strategic Capabilities Office regarding mission selection.
added
Initial mission—
added
In general— Not later than four months after the date of the enactment of this section, the Director of the Strategic Capabilities Office shall select a mission under the pilot program that has critical cross-service operational needs and which is of strategic importance to the operational plans of the United States Indo-Pacific Command.
added
Mission selection approval— The mission selected by the Director of the Strategic Capabilities Office under subparagraph (A) shall be subject to the approval of the Deputy Secretary of Defense.
added
Mission managers—
added
In general— A mission manager shall carry out the pilot program with respect to each mission.
added
Responsibilities— With respect to each mission, the relevant mission manager shall—
added
identify critical cross-service operational needs by enumerating the options available to the combatant command responsible for carrying out such mission and determining the resiliency of such options to threats from adversaries;
added
in coordination with the military services and appropriate Defense Agencies and Field Activities, develop and deliver solutions, including software and information technology solutions and other functionalities unaligned with any one weapon system of a covered Armed Service, to—
added
fulfill critical cross-service operational needs; and
added
address future changes to existing critical cross-service operational needs by providing additional capabilities;
added
work with the combatant command responsible for such mission and the related planning organizers, service program managers, and defense research and development activities to carry out iterative testing and support to initial operational fielding of the solutions described in subparagraph (B);
added
conduct research, development, test, evaluation, and transition support activities with respect to the delivery of the solutions described in subparagraph (B);
added
seek to integrate existing, emerging, and new capabilities available to the Department of Defense in the development of the solutions described in subparagraph (B); and
added
provide to the Deputy Secretary of Defense mission management activity updates and reporting on the use of funds under the pilot program with respect to such mission.
added
Director of the Strategic Capabilities Office— The Director of the Strategic Capabilities Office shall be the mission manager for each mission selected under subsection (b).
added
Iterative approach— The mission manager shall, to the extent practicable, carry out the pilot program with respect to each mission selected under subsection (b) by integrating existing, emerging, and new military capabilities, and managing a portfolio of small, iterative development and support to initial operational fielding efforts.
added
Other program management responsibilities— The activities undertaken by the mission manager with respect to a mission, including mission management, do not supersede or replace the program management responsibilities of any other individual that are related to such missions.
added
Data collection requirement— The Deputy Secretary of Defense shall develop and implement a plan to collect and analyze data on the pilot program for the purposes of—
added
developing and sharing best practices for applying emerging technology and supporting new operational concepts to improve outcomes on key military missions and operational challenges; and
added
providing information to the leadership of the Department on the implementation of the pilot program and related policy issues.
added
Assessments— During the five-year period beginning on the date of the enactment of this Act, the Deputy Secretary of Defense shall regularly assess—
added
the authorities required by the missions manager to effectively and efficiently carry out the pilot program with respect to the missions selected under subsection (b); and
added
whether the mission manager has access to sufficient funding to carry out the research, development, test, evaluation, and support to initial operational fielding activities required to deliver solutions fulfilling the critical cross-service operational needs of the missions.
added
Briefings—
added
Semiannual briefing—
added
In general— Not later than July 1, 2022, and every six months thereafter until the date that is five years after the date of the enactment of this Act, the mission manager shall provide to the congressional defense committees a briefing on the progress of the pilot program with respect to each mission selected under subsection (b), the anticipated mission outcomes, and the funds used to carry out the pilot program with respect to such mission.
added
Initial briefing— The Deputy Secretary of Defense shall include in the first briefing submitted under subparagraph (A) a briefing on the implementation of the pilot program, including—
added
the actions taken to implement the pilot program;
added
an assessment of the pilot program;
added
requests for Congress to provide authorities required to successfully carry out the pilot program; and
added
a description of the data plan required under subsection (d).
added
Annual briefing— Not later than one year after the date on which the pilot program is established, and annually thereafter until the date that is five years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committees a briefing on the pilot program, including—
added
the data collected and analysis performed under subsection (d);
added
lessons learned;
added
the priorities for future activities of the pilot program; and
added
such other information as the Deputy Secretary determines appropriate.
added
Recommendation— Not later than two years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to Congress a briefing on the recommendations of the Deputy Secretary with respect to the pilot program and shall concurrently submit to Congress—
added
a written assessment of the pilot program;
added
a written recommendation on continuing or expanding the mission integration pilot program;
added
requests for Congress to provide authorities required to successfully carry out the pilot program; and
added
the data collected and analysis performed under subsection (d).
added
Transition— Beginning in fiscal year 2025, the Deputy Secretary of Defense may transition responsibilities for research, development, test, evaluation, and support to initial operational fielding activities started under the pilot program to other elements of the Department for purposes of delivering solutions fulfilling critical cross-service operational needs.
added
Termination date— The pilot program shall terminate on the date that is 5 years after the date of the enactment of this Act.
added
Rule of construction— Nothing in this section shall be construed as providing any authority not otherwise provided by law to procure, or enter agreements to procure, any goods, materials, or services.
added
Definitions— In this section:
added
Covered Armed Force— The term covered Armed Force means—
added
the Army;
added
the Navy;
added
the Air Force;
added
the Marine Corps; or
added
the Space Force.
added
Cross-Functional Teams of the Strategic Capabilities Office— The term Cross-Functional Teams of the Strategic Capabilities Office means the teams established in the Strategic Capabilities Office of the Department of Defense pursuant to section 233(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1277; 10 U.S.C. 132 note).
added
Cross-service— The term cross-service means pertaining to multiple covered Armed Forces.
added
Cross-service operational need— The term cross-service operational need means an operational need arising from a mission undertaken by a combatant command which involves multiple covered Armed Forces.
added
Defense Agency; military department— The terms Defense Agency and military department have the meanings given such terms in section 101(a) of title 10, United States Code.
added
Field Activity— The term Field Activity has the meaning given the term Department of Defense Field Activity in section 101(a) of title 10, United States Code.
added
Mission management— The term mission management means the integration of materiel, digital, and operational elements to improve defensive and offensive options and outcomes for a specific mission or operational challenge.
added
Pilot program— The term pilot program means the pilot program established under subsection (a).
Sec. 852 Pilot program to determine the cost competitiveness of drop-in fuels
added
added
Establishment— The Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense (Comptroller), shall establish a pilot program to determine the cost competitiveness of the fully burdened cost of drop-in fuels compared with the fully burdened cost of traditional fuels using a scenario-based strategic sourcing tool as described in subsection (b).
added
Use of scenario-based strategic sourcing tool— The Under Secretary of Defense (Comptroller), in coordination with the Director of Defense Logistics Agency, shall identify an aviation fuel program and use a commercially available scenario-based strategic sourcing tool to—
added
analyze performance risks and benefits of drop-in fuels compared to traditional fuels;
added
determine cost-competitiveness of drop-in fuels compared to traditional fuels;
added
improve supplier performance of contracts to procure aviation fuel; and
added
minimize risk, increase transparency, and manage unforeseen circumstances for the Department of Defense.
added
Documentation— The Under Secretary of Defense (Comptroller) shall use the scenario-based strategic sourcing tool described in subsection (b) to maintain documentation of the costs of each such contract in order to develop better price estimates and procurement strategies for acquiring aviation fuel.
added
Report— Not later than September 30, 2022, and annually thereafter until the termination date described in subsection (f), the Secretary of Defense shall submit a report to the congressional defense committees on the status and impact of the pilot program established under this section.
added
Definitions— In this section:
added
The terms drop-in fuel, fully burdened cost, and traditional fuel have the meanings given, respectively, in section 2922h of title 10, United States Code.
added
The term scenario-based strategic sourcing means a method for testing the supply chain effects using automated software to model various scenarios relating to—
added
contract management;
added
spend analysis;
added
supplier management;
added
sourcing; and
added
external market variables.
added
Termination— The pilot program established under this section shall terminate on September 30, 2027.
Sec. 853 Assuring integrity of overseas fuel supplies
added
added
In general— Before awarding a contract to an offeror for the supply of fuel for any overseas contingency operation, the Secretary of Defense shall—
added
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
added
require assurances that the offeror will comply with the requirements of subsections (b) and (c).
added
Requirement— An offeror for the supply of fuel for any overseas contingency operation shall—
added
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
added
furnish such records as are necessary to verify compliance with such anti-corruption statutes and regulations as the Secretary determines necessary, including—
added
the Foreign Corrupt Practices Act (15 U.S.C. 78dd-1 et seq.);
added
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”);
added
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
added
such regulations as may be promulgated by the Office of Foreign Assets Control of the Department of the Treasury.
added
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—
added
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
added
an assessment of the ability of the contractor awarded such contract to comply with sanctions on Iran and monitor for violations of those sanctions.
added
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.
added
Avoidance of Use of Lowest Price Technically Acceptable Source Selection Criteria for fuel procurement and fuel-related services— Section 813(c)(3) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2305 note) is amended by inserting “, including fuel procurement and fuel-related services,” after “logistics services,”.
Sec. 854 Cadre of software development and acquisition experts
added
added
Cadre of software development and acquisition experts—
added
Not later than January 1, 2022, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a cadre of personnel who are experts in development and acquisition of software. The purpose of the cadre is to ensure a consistent, strategic, and highly knowledgeable approach to developing and acquiring software by providing expert advice, assistance, and resources to the acquisition workforce in support of the policies established in accordance with Department of Defense Instruction 5000.02, Operation of the Adaptive Acquisition Framework, dated January 23, 2020.
added
The Under Secretary shall establish an appropriate leadership structure and office within which the cadre shall be managed, and shall determine the appropriate official to whom members of the cadre shall report.
added
The cadre of experts shall be assigned to a program office or an acquisition command within a military department to advise, assist, and provide resources to a program manager or program executive officer on matters pertaining to software at various stages of the life cycle of a system, including but not limited to integration, testing, production, certification, deployment of capabilities to the operational environment, and maintenance. In performing such duties, the experts shall—
added
Advise and assist in integration of modern software development practices such as agile software development; development, security, and operations (DevSecOps); and lean practices.
added
Advise and assist in leveraging industry best practices for software development, deployment, upgrades, and sustainment to include contracting for software as a service, subscription models, use of prime contractors to assist in integration, and other methods for acquiring or accessing capability.
added
In conjunction with the Cadre of Intellectual Property Experts established pursuant to section 2322 of this title, develop a strategy and licensing framework to enable government procurement of commercial software, to include:
added
in accordance with section 2377 of this title, a preference for the acquisition of commercial software under the license customarily provided to the public, except as specified in paragraphs (ii) and (iii);
added
identification of terms or conditions that may be inconsistent with federal procurement law;
added
identification of operational user needs that may necessitate the negotiation of customized licenses to ensure authorized use in unique operational environments; and
added
methods and procedures for use of stand-alone software licensing in cases where other contract vehicles are inappropriate or unavailable.
added
Establish and lead cross-functional government-industry teams that include operational users, data and system architects, experts in artificial intelligence, developmental and operational testers, software developers, and cybersecurity experts to deliver software rapidly and iteratively to meet the highest priority user needs.
added
Advise and assist in the development of requirements, acquisition strategy, product support strategy, and intellectual property strategy for a system.
added
Advise and assist in planning and budgeting for agile software development and deployment, and the sustainment of software over the life-cycle of the program, to include consideration of the shifting landscape of continual cyber threat and evolving cyber requirements.
added
Conduct or assist with financial analysis, cost estimation, and valuation of software, to include agile software development, to include valuation of embedded software as a standalone product or as part of modular open system approach.
added
Assist in the drafting of a solicitation, contract, or other transaction agreement.
added
Interact with or assist in interactions with contractors, including communications and negotiations with contractors on solicitations and awards.
added
Foster culture change necessary to enable the Department of Defense to embrace and leverage modern software practices by:
added
recommending policies to ensure program managers are empowered to set and maintain the integrity of agile develop process and priorities; and
added
educating key stakeholders in considerations regarding the integration and incorporation of agile software development practices with systems acquired under the major capability acquisition pathway.
added
added
In order to achieve the purpose set forth in paragraph (1), the Under Secretary shall ensure the cadre has the appropriate number of staff and such staff possesses the necessary skills, knowledge, and experience to carry out the duties under paragraph (2), including in relevant areas of law, commercial software licensing, contracting, acquisition, logistics, engineering, financial analysis, cost estimation, and valuation. The Under Secretary, in coordination with the Defense Acquisition University and in consultation with academia and industry, shall develop a career path, including development opportunities, exchanges, talent management programs, and training, for the cadre. The Under Secretary may use existing authorities to staff the cadre, including those in subparagraphs (B), (C), (D), and (F).
added
Civilian personnel from within the Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands may be assigned to serve as members of the cadre, upon request of the Director.
added
The Under Secretary may use the authorities for highly qualified experts under section 9903 of title 5, to hire experts as members of the cadre who are skilled professionals in software development and acquisition, commercial software licensing, and related matters.
added
The Under Secretary may enter into a contract with a private-sector entity for specialized expertise to support the cadre. Such entity may be considered a covered Government support contractor, as defined in section 2320 of this title.
added
In establishing the cadre, the Under Secretary shall give preference to civilian employees of the Department of Defense, rather than members of the armed forces, to maintain continuity in the cadre.
added
The Under Secretary is authorized to use amounts in the Defense Acquisition Workforce Development Fund for the purpose of recruitment, training, and retention of the cadre, including paying salaries of newly hired members of the cadre for up to three years.
added
In implementing this section, the Under Secretary shall ensure compliance with applicable total force management policies, requirements, and restrictions provided in sections 129a, 2329, and 2461 of title 10, United States Code.
added
The Under Secretary shall ensure that any contractor employee providing services in support of, or participation in, the cadre established under this section and is considered a Special Government Employee as defined by section 202 of title 18, United States Code, is required to file a confidential financial disclosure in accordance with the Ethics in Government Act of 1978.
Sec. 855 Acquisition practices and policies assessment
added
added
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.
added
Acquisition practices and policies— The practices and policies described in this subsection are—
added
acquisition planning practices that promote the acquisition of resource-efficient goods and services and that support innovation in environmental technologies, including—
added
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;
added
designing the technical specifications that set product performance levels to diminish greenhouse gas emissions;
added
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;
added
engaging in public-private partnerships with private sector and nonprofit institutions to design, build, and fund low-carbon infrastructure; and
added
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;
added
source selection practices that promote the acquisition of resource-efficient goods and services and that support innovation in environmental technologies, including—
added
considering any 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;
added
using accepted standards, emissions data, certifications, and labels to verify the environmental impact of a good or service and enhance procurement efficiency;
added
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
added
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
added
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 decisions.
added
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.
added
Definitions— In this section:
added
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.
added
Resource-efficient goods and services— The term resource-efficient goods and services means goods and services—
added
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
added
for which the negative environmental impacts across the full life cycle of such goods and services are minimized.
Sec. 901 Modification of requirements for appointment of a person as Secretary of Defense after relief from active duty
addedadded Section 113(a) of title 10, United States Code, is amended—
added
by inserting “(1)” before “There is”; and
added
by striking the second sentence and inserting the following new paragraph:
added “(2)
added “(A) Except as provided by subparagraph (B), a person may not be appointed as Secretary of Defense during the period of 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in pay grade O–6 or above.
added “(B) A person described in subparagraph (A) may be appointed as Secretary of Defense if—
added “(i) the President submits to Congress a request for approval for such appointment; and
added “(ii) Congress enacts a joint resolution of approval, with not fewer than three-quarters of the Members of the House of Representatives and Senate, duly chosen and sworn, voting in the affirmative.
added “(C) In this subsection, the term “joint resolution of approval” means a joint resolution of either House of Congress, the sole matter after the resolving clause of which is as follows: “The Congress approves exempting _____ from the prohibition under section 113(a) of title 10, United States Code, pursuant to the request of the President for such exemption submitted to Congress on ______.”, with the blank spaces being filled with the appropriate name and date, respectively.”
Sec. 902 Implementation of repeal of Chief Management Officer of the Department of Defense
addedadded Section 901(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking “, except that any officer or employee so designated may not be an individual who served as the Chief Management Officer before the date of the enactment of this Act”.
Sec. 903 Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy
added
added
Designation— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior official of the Department of Defense to be responsible for, and accountable to the Secretary with respect to, the implementation of the electromagnetic spectrum superiority strategy. The Secretary shall designate the senior official from among individuals who are appointed to a position in the Department by the President, by and with the advice and consent of the Senate.
added
Responsibilities— The senior official designated under subsection (a) shall be responsible for the following:
added
Oversight of policy, strategy, planning, resource management, operational considerations, personnel, and technology development necessary to implement the electromagnetic spectrum superiority strategy.
added
Evaluating whether the amount that the Department of Defense expends on electromagnetic warfare and electromagnetic spectrum operations capabilities is properly aligned.
added
Evaluating whether the Department is effectively incorporating electromagnetic spectrum operations capabilities and considerations into current and future operational plans and concepts.
added
Such other matters relating to electromagnetic spectrum operations as the Secretary specifies for purposes of this subsection.
added
Report— Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report that includes the following:
added
A review of the sufficiency of the rules of engagement of the Department of Defense relating to electromagnetic spectrum operations, in particular with respect to operating below the level of armed conflict and to protect the Department from electronic attack and disruption.
added
Any other matters the Secretary determines relevant.
added
Implementation plan—
added
Submission— Not later than 15 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a complete copy of the implementation plan signed by the Secretary of Defense in July 2021 for the Electromagnetic Spectrum Superiority Strategy published in October 2020.
added
Report— Not later than 45 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the implementation plan specified in paragraph (1). The report shall include—
added
an evaluation of the additional personnel, resources, and authorities the Secretary determines will be needed by the senior official of the Department of Defense designated under subsection (a) who is responsible for implementing the Electromagnetic Spectrum Superiority Strategy published in October 2020; and
added
a description of how the Secretary will ensure that such implementation will be successful.
added
Limitation on availability of funds; quarterly briefings—
added
Limitation— Of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 for the Office of the Under Secretary of Defense for Acquisition and Sustainment for the travel of persons—
added
not more than 25 percent may be obligated or expended until the Secretary provides to the congressional defense committees the first quarterly briefing under paragraph (2);
added
not more than 50 percent may be obligated or expended until the Secretary provides to such committees the second quarterly briefing under such paragraph; and
added
not more than 75 percent may be obligated or expended until the Secretary provides to such committees the third quarterly briefing under such paragraph.
added
Quarterly briefings— On a quarterly basis during the one-year period beginning on the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the status of the implementation plan specified in subsection (d)(1). Each briefing shall include the following:
added
An update on the efforts of the Department of Defense to—
added
achieve the strategic goals set out in the electromagnetic spectrum superiority strategy; and
added
implement such strategy through various elements of the Department.
added
An identification of any additional authorities or resources relating to electromagnetic spectrum operations that the Secretary determines is necessary to implement the strategy.
added
Electromagnetic spectrum superiority strategy defined— In this section, the term “electromagnetic spectrum superiority strategy” means the Electromagnetic Spectrum Superiority Strategy of the Department of Defense published in October 2020, and any such successor strategy.
Sec. 911 Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity
added
added
Treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity—
added
Transfer to chapter 8— Section 146 of title 10, United States Code, is transferred to subchapter I of chapter 8 of such title, inserted after section 197, and redesignated as section 198.
added
Treatment as Department of Defense Field Activity— Section 198(a) of such title, as transferred and redesignated by subsection (a) of this subsection, is amended—
added
by striking “in the Office of the Secretary of Defense an office to be known as the” and inserting “in the Department of Defense an”; and
added
by adding at the end the following: “The Secretary shall designate the Office as a Department of Defense Field Activity pursuant to section 191, effective as of the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).”.
added
Appointment of director— Such section 198 is further amended—
added
in subsection (b) in the matter preceding paragraph (1), by striking “Under Secretary of Defense for Acquisition and Sustainment” and inserting “Secretary of Defense”; and
added
in subsection (c)(4), by striking “Under Secretary of Defense for Acquisition and Sustainment” and inserting “Secretary”.
added
Clerical amendments—
added
Chapter 4— The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended by striking the item relating to section 146.
added
Chapter 8— The table of sections at the beginning of subtitle I of chapter 8 of such title is amended by inserting after the item relating to section 197 the following new item:
added
Limitation on involuntary separation of personnel— No personnel of the Office of Local Defense Community Cooperation under section 198 of title 10, United States Code (as added by subsection (a)), may be involuntarily separated from service with that Office during the one-year period beginning on the date of the enactment of this Act, except for cause.
added
Administration of programs— Any program, project, or other activity administered by the Office of Economic Adjustment of the Department of Defense as of the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) shall be administered by the Office of Local Defense Community Cooperation under section 198 of title 10, United States Code (as added by subsection (a)).
added
Conforming repeal— Section 905 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is repealed.
Sec. 912 Use of Combatant Commander Initiative Fund for certain environmental matters
added
added
Authorized activities— Subsection (b) of section 166a of title 10, United States Code, is amended—
added
by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively; and
added
by inserting after paragraph (6) the following new paragraph:
added “(7) Resilience of military installations, ranges, and key supporting civilian infrastructure to extreme weather events and other changing environmental conditions.”
added
Conforming amendment— Subsection (c)(1) of such section is amended by striking “and sustainability” and all that follows and inserting the following: “sustainability, and resilience of the forces assigned to the commander requesting the funds or of infrastructure supporting such forces;”.
Sec. 913 Inclusion of explosive ordnance disposal in special operations activities
addedadded Section 167(k) of title 10, United States Code, is amended—
added
by redesignating paragraph (10) as paragraph (11); and
added
by inserting after paragraph (9) the following new paragraph (10):
added “(10) Explosive ordnance disposal.”
Sec. 914 Coordination of certain Naval activities with the Space Force
addedadded Section 8062(d) of title 10, United States Code, is amended by inserting “the Space Force,” after “the Air Force,”.
Sec. 915 Space Force organizational matters and modification of certain space-related acquisition authorities
added
added
Sense of Congress— It is the sense of Congress that—
added
Congress established the Space Force to improve the acquisition of resilient satellite and ground system architectures, encourage personnel retention, and emphasize the need to organize, train, and equip for a potential future conflict in the space domain;
added
as the Space Force continues efforts to become fully operational, it should remain committed to building a “lean, agile, and fast” organization, as the Chief of Space Operations, General John W. Raymond, has often stated; and
added
in areas in which legislative action is needed, including with respect to organizational structure and personnel requirements, the Secretary of the Air Force and the Chief of Space Operations should maintain consistent communication with Congress to ensure that the founding principle behind the establishment of the Space Force—to build a small organization responsive to a rapidly changing domain—is upheld.
added
Implementation date for Service Acquisition Executive of the Department of the Air Force for Space Systems and Program—
added
Implementation date— Section 957 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 9016 note) is amended—
added
in subsection (a), by striking “Effective October 1, 2022, there shall be” and inserting “Effective on the date specified in subsection (d), there shall be”;
added
in subsection (b)—
added
in paragraph (1), by striking “Effective as of October 1, 2022,” and inserting “Effective as of the date specified in subsection (d)”; and
added
in paragraph (2), by striking “as of October 1, 2022,” and inserting “as of the date specified in subsection (d)”;
added
in subsection (c)(3), by striking “October 1, 2022” and inserting “the date specified in subsection (d)”; and
added
by adding at the end the following new subsection:
added “(d) Date specified—The date specified in this subsection is a date determined by the Secretary of the Air Force that is not later than October 1, 2022.”
added
Conforming amendments—
added
Transfer of acquisition projects for space systems and programs— Section 956(b)(3) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 9016 note) is amended—
added
by striking “Effective October 1, 2022,” and inserting “Effective on the date specified in section 957(d),”; and
added
by striking “as of September 30, 2022” and inserting “as of the day before the date specified in section 957(d)”.
added
Responsibilities of Assistant Secretary of the Air Force for Space Acquisition and Integration— Section 9016(b)(6)(B)(vi) of title 10, United States Code, is amended by striking “Effective as of October 1, 2022, in accordance with section 957 of that Act,” and inserting “Effective as of the date specified in section 957(d) of such Act, and in accordance with such section 957,”.
added
Senior procurement executive authorities—
added
Office of the Secretary of the Air Force— Section 9014(c) of title 10, United States Code, is amended—
added
in paragraph (2), by striking “The Secretary of the Air Force shall” and inserting “Subject to paragraph (6), the Secretary of the Air Force shall”; and
added
by inserting after paragraph (5) the following new paragraph:
added “(6) Notwithstanding section 1702 of title 41, the Secretary of the Air Force may assign to the Assistant Secretary of the Air Force for Space Acquisition and Integration duties and authorities of the senior procurement executive that pertain to space systems and programs.”
added
Assistant Secretaries of the Air Force— Section 9016(b)(6)(B)(vi) of title 10, United States Code, as amended by subsection (b)(2)(B) of this section, is further amended by inserting “and discharge any senior procurement executive duties and authorities assigned by the Secretary of the Air Force pursuant to section 9014(c)(6) of this title” after “Space Systems and Programs”.
Sec. 916 Report on establishment of office to oversee sanctions with respect to Chinese military companies
added
added
Report required— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility of establishing an office within the Department of Defense to oversee sanctions with respect to Chinese military companies.
added
Elements— The report under subsection (a) shall include, at a minimum, the following:
added
An explanation of where in the organizational structure of the Department such an office should be established.
added
An assessment any benefits and drawbacks that may result from—
added
establishing such an office; and
added
making oversight of sanctions with respect to Chinese military companies an internal responsibility of the Department.
added
Chinese military company defined— In this section, the term “Chinese military company” has the meaning given that term in section 1260H(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
Sec. 917 Independent review of and report on the Unified Command Plan
added
added
Review required—
added
In general— The Secretary of Defense shall provide for an independent review of the current Unified Command Plan.
added
Elements— The review required by paragraph (1) shall include the following:
added
An assessment of the most recent Unified Command Plan with respect to—
added
current and anticipated threats;
added
deployment and mobilization of the Armed Forces; and
added
the most current versions of the National Defense Strategy and Joint Warfighting Concept.
added
An evaluation of the missions, responsibilities, and associated force structure of each geographic and functional combatant command.
added
An assessment of the feasibility of alternative Unified Command Plan structures.
added
Recommendations, if any, for alternative Unified Command Plan structures.
added
Recommendations, if any, for how combatant command assessments of the capabilities and capacities required to conduct the routine and contingency operations assigned to such commands can more effectively drive military service modernization and procurement planning.
added
Recommendations, if any, for modifications to sections 161 through 169 of title 10, United States Code.
added
Any other matter the Secretary considers appropriate.
added
Conduct of review by independent entity—
added
In general— The Secretary shall—
added
select an entity described in subparagraph (B) to conduct the review required by paragraph (1); and
added
ensure that the review is conducted independently of the Department of Defense.
added
Entity described— An entity described in this subparagraph is—
added
a federally funded research and development center; or
added
an independent, nongovernmental institute that—
added
is described in section 501(c)(3) of the Internal Revenue Code of 1986;
added
is exempt from taxation under section 501(c) of that Code; and
added
has recognized credentials and expertise in national security and military affairs.
added
Report to Congress—
added
In general— Not later than October 1, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives the results of the review conducted under subsection (a).
added
Form— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Sec. 921 Establishment of Space National Guard
added
added
Establishment—
added
In general— There is established a Space National Guard that is part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia—
added
in which the Space Force operates; and
added
active and inactive.
added
Reserve component— There is established a Space National Guard of the United States that is the reserve component of the United States Space Force all of whose members are members of the Space National Guard.
added
Composition— The Space National Guard shall be composed of the Space National Guard forces of the several States and Territories, Puerto Rico and the District of Columbia—
added
in which the Space Force operates; and
added
active and inactive.
Sec. 922 No effect on military installations
addedadded Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to authorize or require the relocation of any facility, infrastructure, or military installation of the Space National Guard or Air National Guard.
Sec. 923 Implementation of Space National Guard
added
added
Requirement— Except as specifically provided by this subtitle, the Secretary of the Air Force and Chief of the National Guard Bureau shall implement this subtitle, and the amendments made by this subtitle, not later than 18 months after the date of the enactment of this Act.
added
Briefings— Not later than 90 days after the date of the enactment of this Act, and annually for the five subsequent years, the Secretary of the Air Force, Chief of the Space Force and Chief of the National Guard Bureau shall jointly provide to the congressional defense committees a briefing on the status of the implementation of the Space National Guard pursuant to this subtitle and the amendments made by this subtitle. This briefing shall address the current missions, operations and activities, personnel requirements and status, and budget and funding requirements and status of the Space National Guard, and such other matters with respect to the implementation and operation of the Space National Guard as the Secretary and the Chiefs jointly determine appropriate to keep Congress fully and currently informed on the status of the implementation of the Space National Guard.
Sec. 924 Conforming amendments and clarification of authorities
added
added
Definitions—
added
Title 10, United States Code— Title 10, United States Code, is amended—
added
in section 101—
added
in subsection (c)—
added
by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; and
added
by inserting after paragraph (5) the following new paragraphs:
added “(6) The term “Space National Guard” means that part of the organized militia of the several States and territories, Puerto Rico, and the District Of Columbia, active and inactive, that—
added “(A) is a space force;
added “(B) is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution;
added “(C) is organized, armed, and equipped wholly or partly at Federal expense; and
added “(D) is federally recognized.
added “(7) The term “Space National Guard of the United States” means the reserve component of the Space Force all of whose members are members of the Space National Guard.”
added
in section 10101—
added
in the matter preceding paragraph (1), by inserting “the following” before the colon; and
added
by adding at the end the following new paragraph:
added “(8) The Space National Guard of the United States.”
added
Title 32, United States Code— Section 101 of title 32, United States Code is amended—
added
by redesignating paragraphs (8) through (19) as paragraphs (10) and (21), respectively; and
added
by inserting after paragraph (7) the following new paragraphs:
added “(8) The term “Space National Guard” means that part of the organized militia of the several States and territories, Puerto Rico, and the District Of Columbia, in which the Space Force operates, active and inactive, that—
added “(A) is a space force;
added “(B) is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution;
added “(C) is organized, armed, and equipped wholly or partly at Federal expense; and
added “(D) is federally recognized.
added “(9) The term “Space National Guard of the United States” means the reserve component of the Space Force all of whose members are members of the Space National Guard.”
added
Reserve components— Chapter 1003 of title 10, United States Code, is amended—
added
by adding at the end the following new sections:
added “10115. Space National Guard of the United States: composition
added “The Space National Guard of the United States is the reserve component of the Space Force that consists of—
added “(1) federally recognized units and organizations of the Space National Guard; and
added “(2) members of the Space National Guard who are also Reserves of the Space Force.
added “10116. Space National Guard: when a component of the Space Force
added “The Space National Guard while in the service of the United States is a component of the Space Force.
added “10117. Space National Guard of the United States: status when not in Federal service
added “When not on active duty, members of the Space National Guard of the United States shall be administered, armed, equipped, and trained in their status as members of the Space National Guard.”
added
in the table of sections at the beginning of such chapter, by adding at the end the following new items:
Sec. 1001 General transfer authority
added
added
Authority to transfer authorizations—
added
Authority— Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2022 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
added
Limitation— Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,500,000,000.
added
Exception for transfers between military personnel authorizations— A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).
added
Limitations— The authority provided by subsection (a) to transfer authorizations—
added
may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and
added
may not be used to provide authority for an item that has been denied authorization by Congress.
added
Effect on authorization amounts— A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
added
Notice to congress— The Secretary shall promptly notify Congress of each transfer made under subsection (a).
Sec. 1002 Determination of budgetary effects
addedadded The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Sec. 1003 Budget justification for operation and maintenance
added
added
Subactivity group by future years— Section 233 of title 10, United States Code, is amended—
added
by redesignating subsection (c) as subsection (e); and
added
by inserting after subsection (b) the following new subsection (c):
added “(c) Subactivity groups—The Secretary of Defense, in consultation with the Secretary of each of the military departments, shall include in the materials submitted to Congress by the Secretary of Defense in support of the President’s budget, in an unclassified format, the total amount projected for each individual subactivity group, as detailed in the future years defense program pursuant to section 221 of this title.”
added
Budget submission display— Section 233 of title 10, United States Code, is further amended by inserting after subsection (c), as added by subsection (a), the following new subsection:
added “(d) Budget display—The Secretary of Defense, in consultation with the Secretary of each of the military departments, shall include in the O&M justification documents a budget display to provide for discussion and evaluation of the resources required to meet material readiness objectives, as identified in the metrics required by section 118 of this title. For each major weapon system, by designated mission design series, variant, or class, the budget display required under this subsection for the budget year shall include each of the following:
added “(1) The material availability objective established in accordance with the requirements of section 118 of this title.
added “(2) The funds obligated by subactivity group within the operation and maintenance accounts for the second fiscal year preceding the budget year.
added “(3) The funds estimated to be obligated by subactivity group within the operation and maintenance accounts for the fiscal year preceding the budget year.
added “(4) The funds budgeted and programmed across the future years defense program within the operation and maintenance accounts by subactivity group.
added “(5) A narrative discussing the performance of the Department against established material readiness objectives for each major weapon system by mission design series, variant, or class (and any related supply chain risks) and any specific actions or investments the Department intends to take to achieve the material readiness objectives for each such system.”
added
Implementation deadline— The Secretary of Defense shall ensure that the budget display requirements required under the amendments made by this section are included in the budget request for fiscal year 2023 and all fiscal years thereafter.
added
Conforming Repeal— Section 357 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 221 note) is repealed.
Sec. 1011 Critical components of national sea-based deterrence vessels
addedadded Section 2218a(k)(3) of title 10, United States Code, is amended by adding at the end the following new subparagraphs:
added “(P) Major bulkheads and tanks.
added “(Q) All major pumps and motors.
added “(R) Large vertical array.
added “(S) Atmosphere control equipment.
added “(T) Diesel systems and components.
added “(U) Hydraulic valves and components.
added “(V) Bearings.
added “(W) Major air and blow valves and components.
added “(X) Decks and superstructure.
added “(Y) Castings, forgings, and tank structure.
added “(Z) Hatches and hull penetrators.”
Sec. 1012 Biennial report on shipbuilder training and the defense industrial base
added
added
Technical correction— The second section 8692 of title 10, United States Code, as added by section 1026 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is redesignated as section 8693 and the table of sections at the beginning of chapter 863 of such title is conformed accordingly.
added
Modification of report— Such section is further amended—
added
by striking “Not later” and inserting “(a) In general.—Not later”;
added
in subsection (a), as so redesignated, by adding at the end the following new paragraph:
added “(7) An analysis of the potential benefits of multi-year procurement contracting for the stability of the shipbuilding defense industrial base.”
added
by adding at the end the following new subsection:
added “(b) Solicitation and analysis of information—In order to carry out subsection (a)(2), the Secretary of the Navy and Secretary of Labor shall—
added “(1) solicit information regarding the age demographics and occupational experience level from the private shipyards of the shipbuilding defense industrial base; and
added “(2) analyze such information for findings relevant to carrying out subsection (a)(2), including findings related to the current and projected defense shipbuilding workforce, current and projected labor needs, and the readiness of the current and projected workforce to supply the proficiencies analyzed in subsection (a)(1).”
Sec. 1013 Revision of sustainment key performance parameters for shipbuilding programs
added
added
In general— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall update the policy for the Joint Capabilities Integration and Development System to ensure that the guidance for setting sustainment key performance parameters for shipbuilding programs accounts for all factors that could affect the operational availability and materiel availability of a ship. Such changes shall include—
added
changing the definition of “operational availability” as it applies to ships so that such definition applies according to mission area and includes all equipment failures that affect the ability of a ship to perform primary missions; and
added
changing the definition of “materiel availability” as is it applies to ships so that such definition takes into account all factors that could result in a ship being unavailable for operations, including unplanned maintenance, unplanned losses, and training.
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to congressional defense committees a report on the plan of the Secretary to—
added
incorporate the sustainment key performance parameters revised under subsection (a) into the requirement documents of new and ongoing shipbuilding programs; and
added
establish a process for translating such sustainment key performance parameters into specific contract requirements for systems engineering and ship design.
added
Comptroller general review— Not later than one year after the Secretary of Defense submits the report required under subsection (b), the Comptroller General of the United States shall submit to the congressional defense committees an assessment of such report that includes an evaluation of—
added
the sustainment key performance parameters for Department of Defense shipbuilding programs;
added
how shipbuilding programs translate sustainment key performance parameters into contract requirements for systems engineering and ship design activities; and
added
any other matter the Comptroller General determines appropriate.
Sec. 1014 Prohibition on use of funds for retirement of Mark VI patrol boats
added
added
Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to retire, prepare to retire, or place in storage any Mark VI patrol boat.
added
Report— Not later than February 15, 2022, the Secretary of the Navy, in consultation with the Commandant of the Marine Corps, shall submit to the congressional defense committees a report that includes each of the following:
added
The rationale for the retirement of existing Mark VI patrol boats, including an operational analysis of the effect of such retirements on the warfighting requirements of the combatant commanders.
added
A review of operating concepts for escorting high value units without the Mark VI patrol boat.
added
A description of the manner and concept of operations in which the Marine Corps could use the Mark VI patrol boat to support distributed maritime operations, advanced expeditionary basing operations, and persistent presence near maritime choke points and strategic littorals in the Indo-Pacific region.
added
An assessment of the potential for modification, and the associated costs, of the Mark VI patrol boat for the inclusion of loitering munitions or anti-ship cruise missiles, such as the Long Range Anti Ship Missile and the Naval Strike Missile, particularly to support the concept of operations described in paragraph (3).
added
A description of resources required for the Marine Corps to possess, man, train, and maintain the Mark VI patrol boat in the performance of the concept of operations described in paragraph (3) and modifications described in paragraph (4).
added
At the discretion of the Commandant of the Marine Corps, a plan for the Marine Corps to take possession of the Mark VI patrol boat not later than September 30, 2022.
added
Such other matters the Secretary determines appropriate.
Sec. 1015 Assessment of security of global maritime chokepoints
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the security of global maritime chokepoints from the threat of hostile kinetic attacks, cyber disruptions, and other form of sabotage. The report shall include an assessment of each of the following with respect to each global maritime chokepoint covered by the report:
added
The expected length of time and resources required for operations to resume at the chokepoint in the event of attack, sabotage, or other disruption of regular maritime operations.
added
The security of any secondary chokepoint that could be affected by a disruption at the global maritime chokepoint.
added
Options to mitigate any vulnerabilities resulting from a hostile kinetic attack, cyber disruption, or other form of sabotage at the chokepoint.
added
Form of report— The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
added
Global maritime chokepoint— In this section, the term “global maritime chokepoint” means any of the following:
added
The Panama Canal.
added
The Suez Canal.
added
The Strait of Malacca.
added
The Strait of Hormuz.
added
Any other chokepoint determined appropriate by the Secretary.
Sec. 1016 Annual report on ship maintenance
added
added
In general— Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section:
added “8694. Annual report on ship maintenance
added “(a) Report required—Not later than October 15 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth each of the following:
added “(1) A description of all ship maintenance planned for the fiscal year during which the report is submitted, by hull.
added “(2) The estimated cost of the maintenance described in paragraph (1).
added “(3) A summary of all ship maintenance conducted by the Secretary during the previous fiscal year.
added “(4) A detailed description of any ship maintenance that was deferred during the previous fiscal year, including specific reasons for the delay or cancellation of any availability.
added “(5) A detailed description of the effect of each of the planned ship maintenance actions that were delayed or cancelled during the previous fiscal year, including—
added “(A) a summary of the effects on the costs and schedule for each delay or cancellation; and
added “(B) the accrued operational and fiscal cost of all the deferments over the fiscal year.
added “(b) Form of report—Each report submitted under subsection (a) shall submitted in unclassified form and made publicly available on an appropriate internet website in a searchable format, but may contain a classified annex.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new section:
Sec. 1017 Availability of funds for retirement or inactivation of Ticonderoga class cruisers
added
added
Limitation on availability of funds— Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to retire, prepare to retire, inactivate, or place in storage a cruiser.
added
Exception— Notwithstanding subsection (a), the funds referred to in such subsection may be obligated or expended to retire any of the following vessels:
added
The USS Hue City (CG 66).
added
The USS Vela Gulf (CG72).
added
The USS Port Royal (CG 73).
added
USS Anzio (CG 68).
Sec. 1021 Inclusion in counterterrorism briefings of information on use of military force in collective self-defense
addedadded Section 485(b) of title 10, United States Code, is amended—
added
by redesignating paragraph (4) as paragraph (5); and
added
by inserting after paragraph (3) the following new paragraph (4):
added “(4) A detailed overview of all instances of the use of military force by Special Operations Forces under the notion of the collective self-defense of foreign partners that includes, for each such instance—
added “(A) the date, location, and duration of the use of military force;
added “(B) an identification of any foreign forces involved;
added “(C) a description of the capabilities employed;
added “(D) a description of the circumstances that led to use of military force; and
added “(E) the operational authorities or execute orders for the instance.”
Sec. 1022 Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities
addedadded Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 271 note) is amended by striking “2022” and inserting “2024”.
Sec. 1023 Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries
addedadded No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2022, to transfer, release, or assist in the transfer or release of any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of any country, or any entity within such country, as follows:
added
Libya.
added
Somalia.
added
Syria.
added
Yemen.
Sec. 1031 Navy coordination with Coast Guard on aircraft, weapons, tactics, technique, organization, and equipment of joint concern
addedadded Section 8062(d) of title 10, United States Code, is amended by inserting “the Coast Guard,” after “the Air Force,”.
Sec. 1032 Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus
added
added
In general— Section 1385 of title 18, United States Code, is amended—
added
by striking “or” after “Army” and inserting “, the Navy, the Marine Corps,”;
added
by inserting “, or the Space Force” after “Air Force”; and
added
in the section heading, by striking “Army and Air Force” and inserting “Army, Navy, Marine Corps, Air Force, and Space Force”.
added
Clerical amendment— The table of sections at the beginning of chapter 67 of such title is amended by striking the item relating to section 1385 and inserting the following new item:
Sec. 1033 Program to improve relations between members of the Armed Forces and military communities
added
added
In general— Chapter 23 of title 10, United States Code, is amended by inserting after section 481a the following new section:
added “481b. Program to improve relations between members of the Armed Forces and military communities
added “(a) Survey
added “(1) The Secretary of Defense, acting through the Office of Diversity Management and Equal Opportunity, shall conduct a biennial survey of covered individuals regarding relations between covered individuals and covered communities.
added “(2) The survey shall be conducted to solicit information from covered individuals regarding the following:
added “(A) Rank, age, racial, ethnic, and gender demographics of the covered individuals.
added “(B) Relationships of covered individuals with the covered community. including support services and acceptance of the military community.
added “(C) Availability of housing, employment opportunities for military spouses, health care, education, and other relevant issues.
added “(D) Initiatives of local government and community organizations in addressing diversity, equity, and inclusion.
added “(E) Physical safety while in a covered community but outside the military installation located in such covered community.
added “(F) Any other matters designated by the Secretary of Defense.
added “(b) Additional activities—Additional activities under this section may include the following:
added “(1) Facilitating local listening sessions and information exchanges.
added “(2) Developing educational campaigns.
added “(3) Supplementing existing local and national defense community programs.
added “(4) Sharing best practices and activities.
added “(c) Coordination—To support activities under this section, the Secretary of Defense may coordinate with local governments or not-for-profit organizations that represent covered individuals.
added “(d) Report
added “(1) Not later than September 30 of every other year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the most recent survey under subsection (a).
added “(2) Each report under paragraph (1) shall include—
added “(A) with respect to each covered community—
added “(i) the results of the survey required under subsection (b); and
added “(ii) activities conducted to address racial inequity in the community;
added “(B) aggregate results of the survey required under subsection (b); and
added “(C) best practices for creating positive relationships between covered individuals and covered communities.
added “(3) The Secretary of Defense shall—
added “(A) designate ten geographically diverse military installations for review in each survey;
added “(B) make the results of each report under paragraph (1) available on a publicly accessible website of the Department of Defense; and
added “(C) ensure that any data included with the report is made available in a machine-readable format that is downloadable, searchable, and sortable.
added “(e) Definitions—In this section:
added “(1) The term “covered community” means a military installation designated under subsection (e)(3)(A) and the area within 10 miles of such military installation.
added “(2) The term “covered individual” means any of the following who lives in a covered community or works on a military installation in a covered community:
added “(A) A member of the armed forces.
added “(B) A family member of an individual described in subparagraph (A) or (B).
added “(3) The term “military installation” has the meaning given such term in section 2801 of this title.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 481a the following new item:
added
Implementation— The Secretary of Defense shall carry out the first survey under section 481b(a) of such title, as added by subsection (a), not later than one year after the date of the enactment of this Act.
Sec. 1034 Authority to provide space and services to military welfare societies
addedadded Section 2566 of title 10, United States Code is amended—
added
in subsection (a), by striking “of a military department” and inserting “concerned”; and
added
in subsection (b)(1), by adding at the end the following new subparagraph:
added “(D) The Coast Guard Mutual Assistance.”
Sec. 1035 Required revision of Department of Defense unmanned aircraft systems categorization
added
added
In general— The Under Secretary of Defense for Acquisition and Sustainment shall initiate a process to review and revise the system used by the Department of Defense for categorizing unmanned aircraft systems, as described in Joint Publication 3–30 titled “Joint Air Operations”.
added
Required elements for revision— In revising the characteristics associated with any of the five categories of unmanned aircraft systems in effect as of the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall consider the effect a revision would have on—
added
the future capability and employment needs to support current and emerging warfighting concepts;
added
advanced systems and technologies available in the current commercial marketplace;
added
the rapid fielding of unmanned aircraft systems technology; and
added
the integration of unmanned aircraft systems into the National Airspace System.
added
Consultation requirements— In carrying out the review required under subsection (a), the Under Secretary of Defense for Acquisition and Sustainment shall consult with—
added
the Secretaries of the Military Departments;
added
the Chairman of the Joint Chiefs of Staff; and
added
the Administrator of the Federal Aviation Administration.
added
Report required— Not later than March 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report describing the results of the review initiated under subsection (a), any revisions planned to the system used by the Department of Defense for categorizing unmanned aircraft systems as a result of such review, and a proposed implementation plan and timelines for such revisions.
Sec. 1036 Limitation on funding for information operations matters
addedadded Of the amounts authorized to be appropriated for fiscal year 2022 by section 301 for operation and maintenance and available for the Office of the Secretary of Defense for the travel of persons as specified in the table in section 4301—
added
not more than 25 percent shall be available until the date on which the report required by subsection (h)(1) of section 1631 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is submitted to the Committee on Armed Services of the Senate and the Committee on Armed Services House of Representatives; and
added
not more than 75 percent shall be available until the date on which the strategy and posture review required by subsection (g) of such section is submitted to such committees.
Sec. 1037 Prohibition on provision of equipment to other departments and agencies for protection of certain facilities and assets from unmanned aircraft
addedadded None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense, may be obligated or expended to acquire, loan, transfer, sell, or otherwise provide equipment to a department or Federal agency for use by such department or agency in exercising authorities or taking actions pursuant to section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n).
Sec. 1038 Limitation on use of funds for United States Space Command headquarters
addedadded None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to construct, plan, or design a new headquarters building for United States Space Command until the Inspector General of the Department of the Defense and the Comptroller General of the United States complete site selection reviews for such building.
Sec. 1041 Congressional oversight of alternative compensatory control measures
addedadded Section 119a of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(g) Congressional notification requirements
added “(1) Notice of initiation—Not later than 30 days after receiving notice of the establishment of any new program to be managed under alternative compensatory control measures, the Under Secretary of Defense for Policy shall submit to the congressional defense committees notice of such new program. Such notice shall include—
added “(A) the unclassified nickname assigned to the program;
added “(B) the designation of the program sponsor;
added “(C) a description of the essential information to be protected under the program; and
added “(D) the effective activation date and expected duration of the program.
added “(2) Notice of termination—Not later than 30 days after receiving notice of the termination of any program managed under alternative compensatory control measures, the Under Secretary of Defense for Policy shall submit to the congressional defense committees notice of such termination.
added “(3) Annual reports—Not later than 30 days after receiving an annual report on any program managed under alternative compensatory control measures, the Under Secretary of Defense for Policy shall submit to the congressional defense committees a copy of the report.”
Sec. 1042 Comparative testing reports for certain aircraft
added
added
Modification of limitation— Section 134(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2037) is amended by striking “the report under subsection (e)(2)” and inserting “a report that includes the information described in subsection (e)(2)(C)”.
added
Comparative testing reports required—
added
Report from Director of Operational Test and Evaluation— Not later than 45 days after the date of the enactment of this Act, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that includes the information described in section 134(e)(1)(B) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2038).
added
Report from Secretary of the Air Force— Not later than 45 days after the date of the submission of the report under paragraph (1), the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the information described in section 134(e)(2)(C) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2038).
Sec. 1043 Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security And Department Of Defense
addedadded Section 1014 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended by striking “December 31, 2022” and inserting “December 31, 2023”.
Sec. 1044 Continuation of certain Department of Defense reporting requirements
addedadded Section 1061 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 111 note) is amended—
added
in subsection (b)(2), by adding at the end the following new subparagraphs:
added “(E) The submission of the report required under section 14 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-5).
added “(F) The submission of the report required under section 2504 of title 10, United States Code.”
added
in subsection (c), by striking paragraph (47); and
added
in subsection (i), by striking paragraph (30).
Sec. 1045 Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan
added
added
In general— Not later than March 31, 2022, each commander of a geographic combatant command shall submit to the congressional defense committees a report containing an assessment of the level of operational risk to that command posed by the plan of the Air Force to modernize and restructure airborne intelligence, surveillance, and reconnaissance capabilities to meet near-, mid-, and far-term contingency and steady-state operational requirements against adversaries in support of the objectives of the 2018 national defense strategy.
added
Plan assessed— The plan of the Air Force referred to in subsection (a) is the plan required under section 142 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
added
Assessment of risk— In assessing levels of operational risk for purposes of subsection (a), a commander shall use the military risk matrix of the Chairman of the Joint Chiefs of Staff, as described in CJCS Instruction 3401.01E.
added
Geographic combatant command— In this section, the term “geographic combatant command” means each of the following:
added
United States European Command.
added
United States Indo-Pacific Command.
added
United States Africa Command.
added
United States Southern Command.
added
United States Northern Command.
added
United States Central Command.
Sec. 1046 Biennial assessments of Air Force Test Center
addedadded Not later than 30 days after the date on which the President's budget is submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2023, 2025, and 2027, the Secretary of the Air Force shall submit to the congressional defense committees an assessment of the Air Force Test Center. Each such assessment shall include, for the period covered by the assessment, a description of—
added
any challenges of the Air Force Test Center with respect to completing its mission; and
added
the plan of the Secretary to address such challenges.
Sec. 1047 Comparative study on .338 Norma Magnum platform
added
added
Study required— Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall complete a comparative study on the .338 Norma Magnum platform.
added
Elements— The study required by subsection (a) shall include a comparative analysis between the current M2 .50 caliber, the M240 7.62, and the .338 Norma Magnum, focused on the metrics of lethality, weight, cost, and modernity of the platforms.
Sec. 1048 Comptroller General report on aging Department of Defense equipment
addedadded Not later than March 1, 2022, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on legacy platforms within the Department of Defense and the projected relevance and resiliency of such platforms to emerging threats over the next 50 years. Such report shall include—
added
the results of a survey of all services, agencies, and entities within the Department of Defense, including hardware, weapons systems, basing, and force structure;
added
an emphasis on agility, technology, and an expanded forward footprint; and
added
recommendations with respect to future force structure and investment.
Sec. 1049 Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes a detailed description of each of the following:
added
The doctrine, organization, training, materiel, leadership and education, personnel, and facilities required to operate and maintain a force of 24 to 35 Light Amphibious Warships, as well as the feasibility of accelerating the current Light Amphibius Warship procurement plan and delivery schedule.
added
The specific number, type, and mix of manned and unmanned strategic mobility wing-in-ground effect platforms required to support distributed maritime operations and expeditionary advanced base operations.
added
The feasibility of the Navy and Marine Littoral Regiments using other joint and interagency mobility platforms prior to the operational availability of Light Amphibious Warships or wing-in-ground effect platforms, including—
added
United States Army Transportation Command’s more than 100 LCU-2000, Runnymede-class and the eight General Frank S. Besson-class logistics support vessels;
added
commercial vessel options, currently available, that meet Marine Littoral Regiment requirements for movement, maneuver, sustainment, training, interoperability, and cargo capacity and delivery;
added
maritime prepositioning force vessels; and
added
Coast Guard vessels.
added
The specific number, type, and mix of long range unmanned surface vessel platforms required to support distributed maritime operations, expeditionary advanced base operations, along with their operational interaction with the fleet’s warfighting capabilities;
added
The feasibility of integrating Marine Littoral Regiments with—
added
Special Operations activities;
added
joint and interagency planning;
added
information warfare operations; and
added
command, control, communications, computer, intelligence, surveillance and reconnaissance, and security cooperation activities.
added
The projected cost, and any additional resources required, to accelerate the operational deployment of Marine Littoral Regiments and deliver the capabilities described in paragraphs (1) through (5) by not later than three years after the date of the enactment of this Act.
added
Form of report— The report required by subsection (a) shall be submitted in a publicly accessible, unclassified form, but may contain a classified annex.
Sec. 1050 Force posture in the Indo-Pacific region
added
added
Sense of congress— It is the Sense of Congress that—
added
forward deployed military forces, particularly those west of the International Date Line, play an indispensable role in deterring aggression in the Indo-Pacific and reassuring allies;
added
forward deployed forces facilitate greater day to day presence in contested seas and airspace; and
added
in light of growing threats, the Department of Defense should forward deploy a larger share of its forces to the Indo-Pacific over the next five years.
added
Assessment required— Not later than 180 days after the date of the enactment of this Act, the Commander of United States Indo-Pacific Command shall submit to the congressional defense committees a report containing the independent assessment of the Commander with respect to each of the following:
added
The number of bombers required to be continually present in the Indo-Pacific region, the number of bombers required outside Indo-Pacific region, and the number of tankers necessary to support bomber refueling sorties in order to execute the operational and contingency plans assigned to the Commander of Indo-Pacific Command.
added
The operational, deterrent, and strategic effect if the required number of bombers were not present in the Indo-Pacific region during a conflict scenario.
added
Any additional infrastructure required in Guam or other Indo-Pacific locations to support the operationally required level of continuous bomber presence, along with the associated cost.
added
The value of storing long range anti-ship missiles, joint air-to-surface standoff missile-extended range, and other long range strike weapons in Guam and other locations in the Indo-Pacific.
added
Report required— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Commander of United States Indo-Pacific Command shall submit to the congressional defense committees a report that includes the following information:
added
The number of freedom of navigation operations conducted in the Indo-Pacific each year since 2013.
added
The number of bombers continuously present in the Indo-Pacific each year since 2013.
added
The number of ships, bombers, fighters, Marines, and brigade combat teams deployed to the Indo-Pacific region during the eight-year period preceding the year in which the report is submitted.
added
The number of ships, bombers, fighters, Marines, and brigade combat teams deployed to the Indo-Pacific region but tasked to other combatant commands, including the number of days each such tasking lasted, during the eight-year period preceding the year in which the report is submitted.
Sec. 1051 Assessment of United States military infrastructure in Diego Garcia, British Indian Ocean Territory
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the independent assessment of the Secretary with respect to each of the following:
added
The manner in which Diego Garcia, British Indian Ocean Territory, could contribute to the execution of the operational and contingency plans of the Department of Defense, as well as the peacetime forward posture of the Department.
added
The operational benefits of hardening facilities on Diego Garcia, including the installation of an Integrated Air and Missile Defense system.
added
The operational benefits of storing munitions on Diego Garcia.
added
Potential tradeoffs and costs associated with hardening facilities or prepositioning munitions on Diego Garcia.
added
Any additional infrastructure required in Diego Garcia to better support the requirements of the combatant commands.
added
The potential to collaborate with the governments of allies of the United States to invest in the military infrastructure on Diego Garcia.
Sec. 1052 Report on 2019 World Military Games
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the participation of the United States in the 2019 World Military Games. Such report shall include a detailed description of each of the following:
added
The number of United States athletes and staff who attended the 2019 World Military Games and became ill with COVID-19-like symptoms during or shortly upon their return to the United States.
added
The results of any blood testing conducted on athletes and staff returning from the 2019 World Military Games, including whether those blood samples were subsequently tested for COVID-19.
added
The number of home station Department of Defense facilities of the athletes and staff who participated in the 2019 World Military Games that experienced outbreaks of illnesses consistent with COVID-19 symptoms upon the return of members of the Armed Forces from Wuhan, China.
added
The number of Department of Defense facilities visited by team members after returning from Wuhan, China, that experienced COVID-19 outbreaks during the first quarter of 2020, including in relation to the share of other Department of Defense facilities that experienced COVID-19 outbreaks through March 31, 2020.
added
Whether the Department tested members of the Armed Forces who traveled to Wuhan, China, for the World Military Games for COVID-19 antibodies, and what portion, if any, of those results were positive, and when suchtesting was conducted.
added
Whether there are, or have been, any investigations, including under the auspices of an Inspector General, across the Department of Defense or the military departments into possible connections between United States athletes who traveled to Wuhan, China, and the outbreak of COVID-19.
added
Whether the Department has engaged with the militaries of allied or partner countries about illnesses surrounding the 2019 World Military Games, and if so, how many participating militaries have indicated to the Department that their athletes or staff may have contracted COVID-19-like symptoms during or immediately after the Games.
added
Form of report— The report required under this section shall submitted in unclassified form and made publicly available on an internet website in a searchable format, but may contain a classified annex.
Sec. 1053 Reports and briefings regarding oversight of Afghanistan
added
added
Reports— Not later than December 31, 2021, and annually thereafter until December 31, 2026, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the appropriate congressional committees a report on Afghanistan. Such report shall address, with respect to Afghanistan, the following matters:
added
A current assessment of over the horizon capabilities of the United States.
added
Concept of force with respect to the over the horizon force of the United States.
added
The size of such over the horizon force.
added
The location of such over the horizon force, to include the current locations of the forces and any plans to adjust such locations.
added
The chain of command for such over the horizon force.
added
The launch criteria for such over the horizon force.
added
Any plans to expand or adjust such over the horizon force capabilities in the future, to account for evolving terrorist threats in Afghanistan.
added
An assessment of the terrorist threat in Afghanistan.
added
An assessment of the quantity and types of U.S. military equipment remaining in Afghanistan, including an indication of whether the Secretary plans to leave, recover, or destroy such equipment.
added
Contingency plans for the retrieval or hostage rescue of United States citizens located in Afghanistan.
added
Contingency plans related to the continued evacuation of Afghans who hold special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) or who have filed a petition for such status, following the withdraw of the United States Armed Forces from Afghanistan.
added
A concept of logistics support to support the over the horizon force of the United States, including all basing and transportation plans.
added
An assessment of changes in the ability of al-Qaeda and ISIS-K to conduct operations outside of Afghanistan against the United States and U.S. allies.
added
An intelligence collection posture of over the horizon intelligence assets, including with respect to ground and air assets, and the effect of such assets on current operations.
added
An intelligence collection posture on the Taliban defense and security forces.
added
An intelligence collection posture on the terrorism capabilities of the Taliban, al-Qaeda, and ISIS-K.
added
The status of any military cooperation between the Taliban and China, Russia, or Iran.
added
Any other matters the Secretary determines appropriate.
added
Briefings— Not later than December 31, 2021, and on bi-annual basis thereafter until December 31, 2026, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the matters specified in subsection (a).
added
Form— The reports and briefings under this section may be submitted in either unclassified or classified form, as determined appropriate by the Secretary.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives; and
added
the Committee on Armed Services and the Select Committee on Intelligence of the Senate.
Sec. 1054 Report and briefing on United States equipment, property, and classified material that was destroyed, surrendered, and abandoned in the withdrawal from Afghanistan
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the Commander of United States Central Command, shall submit to the congressional defense committees a report regarding the covered United States equipment, property, and classified material that was destroyed, surrendered, or abandoned in Afghanistan during the covered period. Such report shall include each of the following:
added
A determination of the value of the covered United States equipment, property, and classified material that was destroyed, surrendered, or abandoned, disaggregated by military department and itemized to the most specific feasible level.
added
An itemized list of destroyed, surrendered, or abandoned aircraft, aircraft parts and supply, and aircraft maintenance items, including aircraft, aircraft parts and supply, and aircraft maintenance items formerly possessed by the Afghan Air Force or the former government of Afghanistan.
added
An itemized list of destroyed, surrendered, or abandoned fuel and fuel dispensing equipment, disaggregated by military department.
added
An itemized list of destroyed, surrendered, or abandoned weapons, weapon systems, components of weapons or weapon systems, ammunition, explosives, missiles, ordnance, bombs, mines, or projectiles, disaggregated by military department.
added
For each item on a list referred to in paragraphs (2) through (4), an explanation of the legal authority relied upon to destroy, surrender, or abandon that specific item.
added
An evaluation of the capabilities of the Taliban post-withdrawal as a result of their seizure of surrendered or abandoned covered United States equipment, property, and classified material.
added
An assessment of the damage to the national security interests of the United States as a result of the destroyed, surrendered, or abandoned covered United States equipment, property, and classified material.
added
An assessment of the feasibility of disabling, destroying, or recapturing surrendered or abandoned covered United States equipment, property, or classified material.
added
Available imagery or photography depicting the Taliban possessing surrendered or abandoned covered United States equipment, property, or classified material.
added
Executive summary of report— The report required under subsection (a) shall include an executive summary of the report, which shall be unclassified and made publicly available.
added
Briefing— Not later than 200 days after the date of the enactment of this Act, the Secretary of Defense, the Secretaries of the military departments, and the Commander of United States Central Command shall provide to the congressional defense committees a briefing on the report required by this section.
added
Definitions— In this section:
added
The term “covered United States equipment, property, and classified material” means any of the following items formerly owned by the Government of the United States or provided by the United States to the former government or military of Afghanistan during the covered period:
added
Real property, including any lands, buildings, structures, utilities systems, improvements, and appurtenances, thereto, including equipment attached to and made part of buildings and structures, but not movable equipment.
added
Personal property, including property of any kind or any interest therein, except real property.
added
Equipment, including all nonexpendable items needed to outfit or equip an individual or organization.
added
Classified information, in any form, including official information that has been determined to require, in the interests of national security, protection against unauthorized disclosure and which has been so designated.
added
The term “covered period” means the period beginning on February 29, 2020, and ending on the date that is 120 days after the date of the enactment of this Act.
Sec. 1055 Report on defense utility of United States territories and possessions
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit a to the congressional defense committees a report that includes—
added
a detailed description of the manner in which United States territories and possessions in the Pacific could contribute to the execution of the operational and contingency plans of the Department of Defense, as well as the peacetime forward posture of the Department;
added
an assessment of the required resources associated with environmental restoration and military construction on United States territories and possessions in the Pacific in order to facilitate the presence of United States military forces;
added
a description of the additional logistical requirements or considerations associated with the requirements of paragraph (2); and
added
any other matters the Secretary of Defense, in coordination with the Commander of the United States Indo-Pacific Command, considers appropriate.
added
Form— The report described in subsection (a) shall be submitted in unclassified form that can be made available to the public, but may include a classified annex.
Sec. 1056 Report on Coast Guard explosive ordnance disposal
added
added
In general— Not later than February 15, 2023, the Secretary of Homeland Security shall submit to Congress a report on the viability of establishing an explosive ordnance disposal program in the Coast Guard.
added
Contents— The report required under subsection (a) shall contain, at a minimum, the following:
added
Organization of explosive ordnance disposal elements within the Coast Guard, with discussion on whether the Coast Guard explosive ordnance disposal capability belongs in the Maritime Safety and Security Teams, the Maritime Security Response Team, a combination of the Maritime Safety and Security Teams and the Maritime Security Response Teams, or elsewhere in the Coast Guard,
added
A description of vehicles, that are Coast Guard airframe and vessel transportable, required for explosive ordnance disposal elements.
added
A description of dive craft, that are Coast Guard airframe and vessel transportable, required for explosive ordnance disposal elements.
added
Locations of Coast Guard stations that portable explosives storage magazines will be available for explosive ordnance disposal elements.
added
Identify Coast Guard stations that will have pre-positioned explosive ordnance disposal elements equipment.
added
An explanation of how the Coast Guard explosive ordnance disposal elements will support the Department of Homeland Security and Department of Justice, and the Department of Defense in war-time, on mission sets to counter improvised explosive device, counter unexploded ordnance, and combat weapons of destruction, including award of the Presidential Service Badge and Certificate to explosive ordnance disposal-qualified Coast Guardsman for protection of the President of the United States, and how the Coast Guard explosive ordnance disposal elements will support national security special events.
added
A cost to benefit analysis of using the Army, Marine Corps, Navy, or Air Force Scuba Diver course prior to Coast Guardsman attending the Navy conducted explosive ordnance disposal course, and the required initial and annual sustainment training seats for the diver course, the explosive ordnance disposal course, and the parachutist course (through the Army, Marine, Navy, and Air Force).
added
An identification of the career progression of Coast Guardsman from Seaman Recruit to that of Command Master Chief Petty Officer, Chief Warrant Officer 2 to that of Chief Warrant Officer 4, and Ensign to that of Rear Admiral.
added
An identification of initial and annual budget justification estimates on a single program element of the Coast Guard explosive ordnance disposal program for each of—
added
civilian and military pay with details on military pay, including special and incentive pays such as—
added
officer responsibility pay;
added
officer SCUBA diving duty pay;
added
officer demolition hazardous duty pay;
added
enlisted SCUBA diving duty pay;
added
enlisted demolition hazardous duty pay;
added
enlisted special duty assignment pay at level special duty-5;
added
enlisted assignment incentive pays;
added
enlistment and reenlistment bonuses;
added
officer and enlisted full civilian clothing allowances;
added
exception to policy allowing a third hazardous duty pay for explosive ordnance disposal-qualified officers and enlisted; and
added
parachutist hazardous duty pay;
added
research, development, test, and evaluation;
added
procurement;
added
other transaction agreements;
added
operations and maintenance;
added
military construction; and
added
overseas contingency operations.
Sec. 1057 Independent assessment with respect to the Arctic region
added
added
In general— Not later than February 15, 2022, the Commander of the United States Northern Command, in consultation and coordination with United States European Command and United States Indo-Pacific Command, the military services, and defense agencies, shall conduct an independent assessment with respect to the activities and resources required, for fiscal years 2023 through 2027, to achieve the following objectives:
added
The implementation of the National Defense Strategy and military service-specific strategies with respect to the Arctic region.
added
The maintenance or restoration of the comparative military advantage of the United States in response to great power competitors in the Arctic region.
added
The reduction of the risk of executing operation and contingency plans of the Department of Defense.
added
To maximize execution of Department operation and contingency plans, in the event deterrence fails.
added
Elements— The assessment required by paragraph (1) shall include the following:
added
An analysis of, and recommended changes to achieve, the required force structure and posture of assigned and allocated forces within the Arctic region for fiscal year 2027 necessary to achieve the objectives described in paragraph (1), which shall be informed by—
added
a review of United States military requirements based on operation and contingency plans, capabilities of potential adversaries, assessed gaps or shortfalls of the joint force within the Arctic region, and scenarios that consider—
added
potential contingencies that commence in the Arctic region and contingencies that commence in other regions but affect the Arctic region;
added
use of near-, mid-, and far-time horizons to encompass the range of circumstances required to test new concepts and doctrine; and
added
supporting analyses that focus on the number of regionally postured military units and the quality of capability of such units;
added
a review of current United States military force posture and deployment plans within the Arctic region, especially of Arctic-based forces that provide support to, or receive support from, the United States Northern Command, the United States Indo-Pacific Command, or the United States European Command;
added
an analysis of potential future realignments of United States forces in the region, including options for strengthening United States presence, access, readiness, training, exercises, logistics, and pre-positioning; and
added
any other matter the Commander determines to be appropriate.
added
A discussion of any factor that may influence the United States posture, supported by annual wargames and other forms of research and analysis.
added
An assessment of capabilities requirements to achieve such objectives.
added
An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives.
added
An assessment and identification of required infrastructure and military construction investments to achieve such objectives.
added
An assessment and recommended changes to the leadership, organization, and management of Arctic policy, strategy, and operations among the combatant commands and military services.
added
Report—
added
In general— Not later than February 15, 2022, the Commander of the United States Northern Command, in consultation and coordination with United States European Command and United States Indo-Pacific Command, shall submit to the congressional defense committees a report on the assessment required by paragraph (1).
added
Form— The report required by subparagraph (A) may be submitted in classified form, but shall include an unclassified summary.
added
Availability— Not later than February 15, 2022, the Commander of United States Northern Command shall make the report available to the Secretary of Defense, the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), the Director of Cost Assessment and Program Evaluation, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the chiefs of staff of each military service.
Sec. 1058 Annual report and briefing on Global Force Management Allocation Plan
added
added
In general— Not later than October 31, 2022, and annually thereafter through 2024, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a classified report and a classified briefing on the Global Force Management Allocation Plan and its implementation.
added
Report— Each report required by subsection (a) shall include a summary describing the Global Force Management Allocation Plan being implemented as of October 1 of the year in which the report is provided.
added
Briefing— Each briefing required by subsection (a) shall include the following:
added
A summary of the major modifications to global force allocation made during the preceding fiscal year that deviated from the Global Force Management Allocation Plan for that fiscal year as a result of a shift in strategic priorities, requests for forces, or other contingencies, and an explanation for such modifications.
added
A description of the major differences between the Global Force Management Allocation Plan for the current fiscal year and the Global Force Management Allocation Plan for the preceding fiscal year.
added
A description of any difference between the actual global allocation of forces, as of October 1 of the year in which the briefing is provided, and the forces stipulated in the Global Force Management Allocation Plan being implemented on that date.
Sec. 1066 Short title
addedadded This subtitle may be cited as the “District of Columbia National Guard Home Rule Act”.
Sec. 1067 Extension of National Guard authorities to Mayor of the District of Columbia
added
added
Mayor as Commander-in-Chief— Section 6 of the Act entitled “An Act to provide for the organization of the militia of the District of Columbia, and for other purposes”, approved March 1, 1889 (sec. 49–409, D.C. Official Code), is amended by striking “President of the United States” and inserting “Mayor of the District of Columbia”.
added
Reserve corps— Section 72 of such Act (sec. 49–407, D.C. Official Code) is amended by striking “President of the United States” each place it appears and inserting “Mayor of the District of Columbia”.
added
Appointment of commissioned officers—
added
Section 7(a) of such Act (sec. 49–301(a), D.C. Official Code) is amended—
added
by striking “President of the United States” and inserting “Mayor of the District of Columbia”; and
added
by striking “President.” and inserting “Mayor.”.
added
Section 9 of such Act (sec. 49–304, D.C. Official Code) is amended by striking “President” and inserting “Mayor of the District of Columbia”.
added
Section 13 of such Act (sec. 49–305, D.C. Official Code) is amended by striking “President of the United States” and inserting “Mayor of the District of Columbia”.
added
Section 19 of such Act (sec. 49–311, D.C. Official Code) is amended—
added
in subsection (a), by striking “to the Secretary of the Army” and all that follows through “which board” and inserting “to a board of examination appointed by the Commanding General, which”; and
added
in subsection (b), by striking “the Secretary of the Army” and all that follows through the period and inserting “the Mayor of the District of Columbia, together with any recommendations of the Commanding General.”.
added
Section 20 of such Act (sec. 49–312, D.C. Official Code) is amended—
added
by striking “President of the United States” each place it appears and inserting “Mayor of the District of Columbia”; and
added
by striking “the President may retire” and inserting “the Mayor may retire”.
added
Call for duty—
added
Section 45 of such Act (sec. 49–103, D.C. Official Code) is amended by striking “, or for the United States Marshal” and all that follows through “shall thereupon order” and inserting “to order”.
added
Section 46 of such Act (sec. 49–104, D.C. Official Code) is amended by striking “the President” and inserting “the Mayor of the District of Columbia”.
added
General courts martial— Section 51 of such Act (sec. 49–503, D.C. Official Code) is amended by striking “the President of the United States” and inserting “the Mayor of the District of Columbia”.
Sec. 1068 Conforming amendments to title 10, United States Code
added
added
Failure To satisfactorily perform prescribed training— Section 10148(b) of title 10, United States Code, is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.
added
Appointment of chief of National Guard Bureau— Section 10502(a)(1) of such title is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.
added
Vice chief of National Guard Bureau— Section 10505(a)(1)(A) of such title is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.
added
Other senior National Guard Bureau officers— Section 10506(a)(1) of such title is amended by striking “the commanding general of the District of Columbia National Guard” both places it appears and inserting “the Mayor of the District of Columbia”.
added
Consent for active duty or relocation—
added
Section 12301 of such title is amended—
added
in subsection (b), by striking “commanding general of the District of Columbia National Guard” in the second sentence and inserting “Mayor of the District of Columbia”; and
added
in subsection (d), by striking the period at the end and inserting the following: “, or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia.”.
added
Section 12406 of such title is amended by striking “the commanding general of the National Guard of the District of Columbia” and inserting “the Mayor of the District of Columbia”.
added
Consent for relocation of units— Section 18238 of such title is amended by striking “the commanding general of the National Guard of the District of Columbia” and inserting “the Mayor of the District of Columbia”.
Sec. 1069 Conforming amendments to title 32, United States Code
added
added
Maintenance of other troops— Section 109(c) of title 32, United States Code, is amended by striking “(or commanding general in the case of the District of Columbia)”.
added
Drug interdiction and Counter-Drug activities— Section 112(h)(2) of such title is amended by striking “the Commanding General of the National Guard of the District of Columbia” and inserting “the Mayor of the District of Columbia”.
added
Additional assistance— Section 113 of such title is amended by adding at the end the following new subsection:
added “(e) Inclusion of District of Columbia—In this section, the term State includes the District of Columbia.”
added
Appointment of adjutant general— Section 314 of such title is amended—
added
by striking subsection (b);
added
by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and
added
in subsection (b) (as so redesignated), by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia,”.
added
Relief from National Guard duty— Section 325(a)(2)(B) of such title is amended by striking “commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.
added
Authority To order To perform Active Guard and Reserve duty—
added
Authority— Subsection (a) of section 328 of such title is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.
added
Clerical amendments—
added
Section heading— The heading of such section is amended to read as follows:
added “328. Active Guard and Reserve duty: authority of chief executive”
added
Table of sections— The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 328 and inserting the following new item:
added
Personnel matters— Section 505 of such title is amended by striking “commanding general of the National Guard of the District of Columbia” in the first sentence and inserting “Mayor of the District of Columbia”.
added
National Guard challenge program— Section 509 of such title is amended—
added
in subsection (c)(1), by striking “the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general” and inserting “the Mayor of the District of Columbia, under which the Governor or the Mayor”;
added
in subsection (g)(2), by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”;
added
in subsection (j), by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”; and
added
in subsection (k), by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.
added
Issuance of supplies— Section 702(a) of such title is amended by striking “commanding general of the National Guard of the District of Columbia” and inserting “Mayor of the District of Columbia”.
added
Appointment of fiscal officer— Section 708(a) of such title is amended by striking “commanding general of the National Guard of the District of Columbia” and inserting “Mayor of the District of Columbia”.
Sec. 1070 Conforming amendment to the District of Columbia Home Rule Act
addedadded Section 602(b) of the District of Columbia Home Rule Act (sec. 1–206.02(b), D.C. Official Code) is amended by striking “the National Guard of the District of Columbia,”.
Sec. 1071 Technical, conforming, and clerical amendments
added
added
Title 10, United States Code— Title 10, United States Code, is amended as follows:
added
The table of chapters at the beginning of part I of subtitle A is amended by striking the item relating to the second section 19 (relating to cyber matters).
added
The table of sections at the beginning of chapter 2 is amended by striking the item relating to section 118 and inserting the following new item:
added
The second section 118a, as added by section 341 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is redesignated as section 118b, and the table of sections at the beginning of chapter 2 of such title is conformed accordingly.
added
Section 138(b)(2)(A)(i) is amended by striking the semicolon.
added
Section 196(d) is amended by striking “,,” and inserting “,”.
added
Section 231a(e)(2) is amended by striking “include the following,” and inserting “include”.
added
Section 240b(b)(1)(B)(xiii) is amended by striking “An” and inserting “A”.
added
Section 240g(a)(3) is amended by striking “; and” and inserting “;”.
added
Section 393(b)(2)(D) is amended by inserting a period at the end.
added
Section 483(f)(3) is amended by inserting “this” before “title”.
added
Section 651(a) is amended by inserting a comma after “3806(d)(1))”.
added
The table of sections at the beginning of chapter 39 is amended by adding a period at the end of the item relating to section 691.
added
Section 823(a)(2) (article 23(a)(2) of the Uniform Code of Military Justice) is amended by inserting a comma after “Army”.
added
Section 856(b) (article 56(b) of the Uniform Code of Military Justice) is amended by striking “subsection (d) of section 853a” and inserting “subsection (c) of section 853a”.
added
Section 1044e(g) is amended by striking “number of Special Victims’ Counsel” and inserting “number of Special Victims’ Counsels”.
added
The table of sections at the beginning of chapter 54 is amended by striking the item relating to section 1065 and inserting the following new item:
added
Section 1463(a)(4) is amended by striking “that that” and inserting “that”.
added
Section 1465(b)(2) is amended by striking “the the” and inserting “the”.
added
Section 1466(a) is amended, in the matter preceding paragraph (1), by striking “Coast guard” and inserting “Coast Guard”.
added
Section 1554a(g)(2) is amended by striking “..” and inserting “.”.
added
Section 1599h is amended—
added
in subsection (a), by redesignating the second paragraph (7) and paragraph (8) as paragraphs (8) and (9), respectively; and
added
in subsection (b)(1), by redesignating the second subparagraph (G) and subparagraph (H) as subparagraphs (H) and (I), respectively.
added
Section 1705(a) is amended by striking “a fund” and inserting “an account”.
added
Section 1722a(a) is amended by striking “,,” and inserting “,”.
added
Section 1788a(e) is amended—
added
in paragraph (3), by striking “section 167(i)” and inserting “section 167(j)”;
added
in paragraph (4), by striking “covered personnel” and inserting “covered individuals”; and
added
in paragraph (5), in the matter preceding subparagraph (A), by striking ““covered personnel”” and inserting ““covered individuals””.
added
The table of chapters at the beginning of Part III of subtitle A is amended, in the item relating to chapter 113, by striking the period after “2200g”.
added
Section 2107(a) is amended by striking “or Space Force”.
added
Section 2279b(b) is amended by redesignating the second paragraph (11) as paragraph (12).
added
Section 2321(f) is amended by striking “the item” both places it appears and inserting “the commercial product”.
added
The second section 2350m (relating to Execution of projects under the North Atlantic Treaty Organization Security Investment Program), as added by section 2503 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is redesignated as section 2350q and the table of sections at the beginning of subchapter II of chapter 138 is conformed accordingly.
added
Section 2534(a) is amended—
added
in paragraph (5), by striking “principle” and inserting “principal”; and
added
in paragraph (3), by striking “subsection (j)” and inserting “subsection (k)”.
added
Section 2891a(e)(1) is amended by striking “the any” and inserting “the”.
added
The table of sections at the beginning of chapter 871 is amended by striking the item relating to section 8749 and inserting the following new item:
added
The second section 9084, as added by section 1601 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is transferred to appear after section 9085 and redesignated as section 9086, and the table of sections at the beginning of chapter 908 of such title is conformed accordingly.
added
Section 9132 (relating to Regular Air Force and Regular Space Force: reenlistment after service as an officer) is redesignated as section 9138.
added
The section heading for section 9401 is amended to read as follows:
added “9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals”
added
The section heading for section 9402 is amended to read as follows:
added “9402. Enlisted members of Air Force or Space Force: schools”
added
Section 9840 is amended in the second sentence by striking “He” and inserting “The officer”.
added
NDAA for Fiscal Year 2021— Effective as of January 1, 2021, and as if included therein as enacted, section 1 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
added
by inserting “(a) In general.—” before “This Act”; and
added
by adding at the end the following:
added “(b) References—Any reference in this or any other Act to the “National Defense Authorization Act for Fiscal Year 2021” shall be deemed to be a reference to the “William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021”.”
added
Coordination With Other Amendments Made by This Act— For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.
Sec. 1072 Assistant Secretary of Defense for Indo-Pacific Security Affairs
addedadded Section 138(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added “(8) One of the Assistant Secretaries is the Assistant Secretary of Defense for Indo-Pacific Security Affairs. The principal duties of the Assistant Secretary shall be to—
added “(A) act as principal advisor to the Under Secretary of Defense for Policy and the Secretary of Defense on international security strategy and policy on issues of interest to the Department of Defense that relate to the nations and international organizations of China, East Asia, South and Southeast Asia, including governments and defense establishments; and
added “(B) provide oversight of security cooperation programs, including foreign military sales, in the Indo-Pacific region.”
Sec. 1073 Improvement of transparency and congressional oversight of civil reserve air fleet
added
added
Definitions—
added
Secretary— Paragraph (10) of section 9511 of title 10, United States Code, is amended to read as follows:
added “(4) The term Secretary means the Secretary of Defense.”
added
Conforming amendments— Chapter 961 of title 10, United States Code, as amended by paragraphs (1) and (2), is further amended—
added
in section 9511a by striking “Secretary of Defense” each place it appears and inserting “Secretary”;
added
in section 9512(e), by striking “Secretary of Defense” and inserting “Secretary”; and
added
in section 9515, by striking “Secretary of Defense” each place it appears and inserting “Secretary”.
added
Annual report on civil reserve air fleet— Section 9516 of title 10, United States Code, is amended—
added
in subsection (d), by striking “When the Secretary” and inserting “Subject to subsection (e), when the Secretary”;
added
by redesignating subsection (e) as subsection (f); and
added
by inserting after subsection (d) the following new subsection:
added “(e) Annual report—Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that—
added “(1) identifies each contract for airlift services awarded in the preceding fiscal year to a provider that does not meet the requirements set forth in subparagraphs (A) and (B) of subsection (a)(1); and
added “(2) for each such contract—
added “(A) specifies the dollar value of the award; and
added “(B) provides a detailed explanation of the reasons for the award.”
added
Technical amendments—
added
In general— Chapter 961 of title 10, United States Code, as amended by subsections (a) and (b), is further amended—
added
by redesignating sections 9511a and 9512 as sections 9512 and 9513, respectively;
added
in section 9511, by striking “section 9512” each place it appears and inserting “section 9513”; and
added
in section 9514, by redesignating subsection (g) as subsection (f).
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by striking the items relating to sections 9511a and 9512 and inserting the following new items:
added
Charter air transportation of members of the armed forces or cargo—
added
In general— Section 2640 of title 10, United States Code, is amended—
added
in the section heading, by inserting “or cargo” after “armed forces”;
added
in subsection (a)(1), by inserting “or cargo” after “members of the armed forces”;
added
in subsection (b), by inserting “or cargo” after “members of the armed forces”;
added
in subsection (d)(1), by inserting “or cargo” after “members of the armed forces”;
added
in subsection (e)—
added
by inserting “or cargo” after “members of the armed forces”; and
added
by inserting “or cargo” before the period at the end;
added
in subsection (f), by inserting “or cargo” after “members of the armed forces”; and
added
in subsection (j)(1), by inserting ““cargo,”” after ““air transportation”,”.
added
Clerical amendment— The table of sections at the beginning of chapter 157 of title 10, United States Code, is amended by striking the item relating to section 2640 and inserting the following new item:
Sec. 1074 Enhancements to national mobilization exercises
addedadded Section 10208 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(c)
added “(1) The Secretary shall, beginning in the first fiscal year that begins after the date of the enactment of this subsection, and every 5 years thereafter, as part of the major mobilization exercise under subsection (a), include the processes of the Selective Service System in preparation for a draft, and submit to Congress a report on the results of this exercise. The report may be submitted in classified form.
added “(2) The exercise under this subsection—
added “(A) shall include a review of national mobilization strategic and operational concepts; and
added “(B) shall include a simulation of a mobilization of all armed forces and reserve units, with plans and processes for incorporating Selective Service System inductees.”
Sec. 1075 Providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service
added
added
Plan—
added
Development— In consultation with the Chief Information Officer of the Department of Defense, the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) shall develop a plan for providing end-to-end electronic voting services (including services for registering to vote, requesting an electronic ballot, completing the ballot, and returning the ballot) in participating States for absent uniformed services voters under such Act who are deployed or mobilized to locations with limited or immature postal service (as determined by the Presidential designee).
added
Specifications— The Presidential designee shall include in the plan developed under paragraph (1)—
added
methods to ensure that voters have the opportunity to verify that their ballots are received and tabulated correctly by the appropriate State and local election officials;
added
methods to generate a verifiable and auditable vote trail for the purposes of any recount or audit conducted with respect to an election; and
added
an assessment of whether commercially available technologies may be used to carry out any of the elements of the plan.
added
Consultation with State and local election officials— The Presidential designee shall develop the plan under paragraph (1) in consultation with appropriate State and local election officials to ensure that the plan may be implemented successfully in any State which agrees to participate in the plan.
added
Use of contractors— To the extent the Presidential designee determines to be appropriate, the Presidential designee may include in the plan developed under paragraph (1) provisions for the use of contractors to carry out any of the elements of the plan.
added
Submission— Not later than one year after the date of the enactment of this Act, the Presidential designee shall submit the plan developed under paragraph (1) to the Committees on Armed Services of the House of Representatives and Senate.
added
Implementation— If the Presidential designee determines it feasible, the Presidential designee shall implement the plan developed under subsection (a)—
added
for a trial group of voters in participating States for elections for Federal office held in 2024; and
added
for all such voters in participating States for elections for Federal office held in 2026 and any succeeding year.
Sec. 1076 Responsibilities for national mobilization; personnel requirements
added
added
Executive agent for national mobilization— The Secretary of Defense shall designate a senior official within the Office of the Secretary of Defense as the Executive Agent for National Mobilization. The Executive Agent for National Mobilization shall be responsible for—
added
developing, managing, and coordinating policy and plans that address the full spectrum of military mobilization readiness, including full mobilization of personnel from volunteers to draftees in the event of a draft activation;
added
providing Congress and the Selective Service System with updated requirements and timelines for obtaining draft inductees in the event of a national emergency requiring mass mobilization and activation of the draft; and
added
providing Congress with a plan, developed in coordination with the Selective Service System, to induct large numbers of volunteers who may respond to a national call for volunteers during an emergency.
added
Plan required— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for obtaining draft inductees as part of a mobilization timeline for the Selective Service System. The plan shall include a description of resources, locations, and capabilities of the Armed Forces required to train, equip, and integrate drafted personnel into the total force, addressing scenarios that would include 300,000, 600,000, and 1,000,000 new volunteer and drafted personnel. The plan may be provided in classified form.
Sec. 1077 Update of Joint Publication 3-68: Noncombatant Evacuation Operations
added
added
Findings— Congress makes the following findings:
added
Noncombatant evacuation operations are conducted by the Department of Defense to assist in evacuating citizens and nationals of the United States, Defense Department civilian personnel, and designated host nation persons whose lives are in danger from locations in a foreign nation to an appropriate safe haven when directed by the Department of State.
added
Joint Publication 3-68: Noncombatant Evacuation Operations has not been validated since November 14, 2017.
added
Update of publication— Not later than March 1, 2022, the Chairman of the Joint Chiefs of Staff shall update Joint Publication 3-68: Noncombatant Evacuation Operations.
Sec. 1078 Treatment of operational data from Afghanistan
added
added
Sense of Congress— It is the sense of Congress that—
added
an immense amount of operational data and intelligence has been developed over the past two decades of war in Afghanistan; and
added
this information is valuable and must be appropriately retained.
added
Operational data— The Secretary of Defense shall—
added
archive and standardize operational data from Afghanistan across the myriad of defense information systems; and
added
ensure the Afghanistan operational data is structured, searchable, and usable across the joint force.
added
Briefing— Not later than March 4, 2022, the Under Secretary of Defense for Intelligence and Security shall provide a briefing to the Committee on Armed Services of the House of Representatives on how the Department of Defense has removed, retained, and assured long-term access to operational data from Afghanistan across each military department and command. Such briefing shall address—
added
the manner in which the Department of Defense is standardizing and archiving intelligence and operational data from Afghanistan across the myriad of defense information systems; and
added
the manner in which the Department is ensuring access to Afghanistan operational data across the joint force.
Sec. 1079 Defense Resource Budgeting and Allocation Commission
added
added
Establishment— There is established a commission, to be known as the “Defense Resource Budgeting and Allocation Commission”. The purpose of the Commission is to develop a consensus on an effective and strategic approach to Department of Defense resource budgeting and allocation, including—
added
by conducting an examination of the planning, programming, budgeting, and execution methodology of the Department; and
added
by considering potential alternatives to such methodology to maximize the ability of the Department to equip itself in a timely manner to respond to current and emerging threats.
added
Membership—
added
Composition—
added
In general. Subject to subparagraph (B), the Commission shall be composed of the following members:
added
The Deputy Secretary of Defense.
added
The Director of Cost Assessment and Program Evaluation for the Department of Defense.
added
The Comptroller/Chief Financial Officer for the Department of Defense.
added
The Deputy Director of the Office of Management and Budget.
added
Three members appointed by the majority leader of the Senate, in consultation with the Chairman of the Committee on Armed Services of the Senate, one of whom shall be a member of the Senate and two of whom shall not be.
added
Two members appointed by the minority leader of the Senate, in consultation with the Ranking Member of the Committee on Armed Services of the Senate, one of whom shall be a member of the Senate and one of whom shall not be.
added
Three members appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee on Armed Services of the House of Representatives, one of whom shall be a member of the House of Representatives and two of whom shall not be.
added
Two members appointed by the minority leader of the House of Representatives, in consultation with the ranking member of the Committee on Armed Services of the House of Representatives, one of whom shall be a Member of the House of Representatives and one of whom shall not be.
added
Expertise— The members of the Commission who are not members of Congress and who are appointed under clauses (v) through (viii) of subparagraph (A) shall be individuals who are nationally recognized for expertise, knowledge, or experience in—
added
planning, programming, budgeting, and execution methodology;
added
budgeting methodologies and innovation; or
added
the implementation or oversight of Department of Defense budgeting.
added
Conflicts of interest— An official who appoints members of the Commission may not appoint an individual as a member of the Commission if such individual possesses any personal or financial interest in the discharge of any of the duties of the Commission.
added
Security clearances— All members of the Commission described in subparagraph (A) shall possess an appropriate security clearance in accordance with applicable provisions of law concerning the handling of classified information.
added
Co-chairs— The Commission shall have two co-chairs, selected from among the members of the Commission. One co-chair of the Commission shall be a member of the Democratic Party, and one co-chair shall be a member of the Republican Party. The individuals who serve as the co-chairs of the Commission shall be jointly agreed upon by the President, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives.
added
Appointment; initial meeting—
added
Appointment— Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act.
added
Initial meeting— The Commission shall hold its initial meeting on or before the date that is 60 days after the date of the enactment of this Act.
added
Meetings; quorum; vacancies—
added
In general— After its initial meeting, the Commission shall meet upon the call of the co-chairs of the Commission.
added
Quorum— Seven members of the Commission shall constitute a quorum for purposes of conducting business, except that two members of the Commission shall constitute a quorum for purposes of receiving testimony.
added
Vacancies— Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.
added
Quorum with vacancies— If vacancies in the Commission occur on any day that is 45 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Commission as of such day.
added
Actions of commission—
added
In general— The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present.
added
Panels— The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this title. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission.
added
Delegation— Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this title.
added
Duties— The duties of the Commission are as follows:
added
To define the core objectives and priorities of the strategic approach referred to in subsection (a).
added
To weigh the costs and benefits of various strategic options for the Department of Defense to budget and allocate resources, including the planning, programming, budgeting, and execution methodology in effect as of the date of the enactment of this Act.
added
To evaluate whether the strategic options described in paragraph (2) are exclusive or complementary, the best means for executing such options, and how the Department of Defense should incorporate and implement such options within its budgeting methodology and strategy.
added
To review and make determinations on the difficult choices present within such options, including how the Department can budget at the speed of relevance to address current and emerging threats while maintaining an appropriate degree of oversight from Congress.
added
To review adversarial budgeting methodologies and strategies to understand if and how adversaries are able to meet current and future threats more or less successfully than the United States.
added
To evaluate the effectiveness of the current resource budgeting and allocation methodology to meet current and emerging threats to the national security of the United States.
added
In weighing the options for defending the United States, to consider possible structures and authorities that need to be established, revised, or augmented within the Federal Government.
added
Powers of commission—
added
In general—
added
Hearings; subpoenas— The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this section—
added
hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths; and
added
require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary.
added
Service of subpoenas— Subpoenas may be issued under subparagraph (A)(ii) under the signature of the co-chairs of the Commission, and may be served by any person designated by such co-chairs.
added
Failure of witnesses to appear— The provisions of sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192-194) shall apply in the case of any failure of a witness to comply with any subpoena or to testify when summoned under authority of this section.
added
Contracting— The Commission may, to such extent and in such amounts as are provided in advance in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title.
added
Information from Federal agencies— The Commission may secure directly from any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this title. Each such department, agency, bureau, board, commission, office, establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request of the co-chairs of the Commission. The Commission shall handle and protect all classified information provided to it under this paragraph in accordance with applicable statutes and regulations.
added
Assistance from Federal agencies—
added
The Secretary of Defense shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this title.
added
The Director of the Office of Management and Budget may provide the Commission, on a nonreimbursable basis, with such administrative services, staff, and other support services as the Commission may request. In addition to the assistance set forth in paragraphs (1) and (2), other departments and agencies of the United States may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law.
added
The Commission shall receive the full and timely cooperation of any official, department, or agency of the United States Government whose assistance is necessary, as jointly determined by the co-chairs selected under subsection (b)(2), or the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses.
added
Postal services— The Commission may use the United States postal services in the same manner and under the same conditions as the departments and agencies of the United States.
added
Gifts— No member or staff of the Commission may receive a gift or benefit by reason of the service of such member or staff to the Commission.
added
Staff of commission—
added
In general—
added
Detailees— Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.
added
Security clearance— All staff of the Commission shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information.
added
Consultant services—
added
The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title.
added
All experts and consultants employed by the Commission shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information.
added
Compensation and travel expenses—
added
Compensation—
added
In general— Except as provided in subparagraph (B), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this title.
added
Officers or employees of united states— Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Commission.
added
Travel expenses— While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.
added
Treatment of information relating to national security—
added
In general— The Secretary of Defense shall assume responsibility for the handling and disposition of any information related to the national security of the United States that is received, considered, or used by the Commission under this title. Any information related to the national security of the United States that is provided to the Commission by the congressional armed services committees may not be further provided or released without the approval of the chairman of such committees.
added
Access after termination of commission— Notwithstanding any other provision of law, after the termination of the Commission under subsection (k)(2), only the members and designated staff of the Committees on Armed Services of the Senate and House of Representatives, the Secretary of Defense (and the designees of the Secretary), and such other officials of the executive branch as the President may designate shall have access to information related to the national security of the United States that is received, considered, or used by the Commission.
added
Final report; termination—
added
Final report— Not later than September 1, 2022, the Commission shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Secretary of Defense, and the Director of Office of Management and Budget a final report containing the findings of the Commission.
added
Termination—
added
In general— The Commission, and all the authorities of this section, shall terminate at the end of the 120-day period beginning on the date on which the final report under paragraph (1) is submitted to the congressional armed services committees.
added
Conclusion of activities— The Commission may use the 120-day period referred to in subparagraph (A) for the purposes of concluding its activities, including providing testimony to Congress concerning the final report referred to in that paragraph and disseminating the report.
added
Assessments of final report— Not later than 60 days after receipt of the final report under subsection (k)(1), the Secretary of Defense and the Director of the Office of Management and Budget shall each submit to the Committees on Armed Service of the Senate and House of Representatives an assessment by the Director or the Secretary, as the case may be, of the final report. Each such assessment shall include such comments on the findings and recommendations contained in the final report, as the Director or Secretary, as the case may be, considers appropriate.
Sec. 1080 Commission on Afghanistan
added
added
Establishment— There is hereby established a commission to be known as the “Commission on Afghanistan” (in this section referred to as the “Commission”). The purpose of the Commission is to examine the war in Afghanistan and make recommendations regarding lessons learned.
added
Composition—
added
Membership— The Commission shall be composed of 12 members appointed as follows:
added
Three members appointed by the chair of the Committee on Armed Services of the House of Representatives.
added
Three members appointed by the ranking minority member of the Committee on Armed Services of the House of Representatives.
added
Three members appointed by the chair of the Committee on Armed Services of the Senate.
added
Three members appointed by the ranking minority member of the Committee on Armed Services of the Senate.
added
Chair; vice chair—
added
Chair— The chair of the Committee on Armed Services of the House of Representative and the chair of the Committee on Armed Services of the Senate shall jointly designate one member of the Commission to serve as chair of the Commission.
added
Vice chair— The ranking minority member of the Committee on Armed Services of the House of Representative and the ranking minority member of the Committee on Armed Services of the Senate shall jointly designate one member of the Commission to serve as vice chair of the Commission.
added
Period of appointment; vacancies— Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment.
added
Duties—
added
Review— The Commission shall examine the following periods of the war in Afghanistan;
added
Generally, the entirety of the war beginning with Operation Enduring Freedom in 2001 under the Bush administration.
added
The period beginning in 2009 under the Obama administration, when the United States deployed an increased number of members of the Armed Forces to Afghanistan, and ending when such members of the Armed Forces were reduced in 2011.
added
The period beginning in August 2019 and ending in February 2020, covering the negotiation and execution of the U.S. Government-Taliban agreement during the Trump Administration.
added
The period beginning in February 2020 and ending in August 2021, with the completion of the withdrawal of the Armed Forces from Afghanistan under the Biden Administration.
added
The period from 1996 to 2001, during which the Taliban controlled the country, highlighting events or the absence of certain key events that enabled conditions on the ground in Afghanistan in 2001, including efforts to support the Northern Alliance and related resistance groups, opportunities to eliminate terrorist leaders like Osama Bin Laden and others, and opportunities to address terror threats emanating from Afghanistan prior to 2001.
added
Assessment and recommendations— The Commission shall conduct a comprehensive assessment of the war in Afghanistan and make recommendations to inform future operations with tactical and strategic lessons learned, including the impact of troop increases and decreases and date-certain deadlines.
added
Cooperation from government—
added
Cooperation— In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities.
added
Liaison— The Secretary shall designate at least one officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission.
added
Report—
added
Final report— Not later than August 31, 2022, and consistent with the protection of intelligence sources and methods, the Commission shall submit to the President, the Secretary of Defense, and the appropriate congressional committees a report on the Commission’s findings, conclusions, and recommendations. The report shall address each of the following:
added
The findings of the Commission with respect to each of the periods referred to in subsection (c)(1).
added
Intelligence and information upon which the Bush, Obama, Trump, and Biden administrations made planning decisions.
added
The impact of the reduction in the number of members of the Armed Forces deployed to Afghanistan in 2011.
added
The assessments made for the security conditions to create a viable peace agreement in 2019.
added
The security conditions necessary to make such agreement a reality.
added
A detailed analysis of the security conditions on the ground in Afghanistan during the entirety of the war in Afghanistan.
added
The circumstances under which the Biden Administration withdrew the Armed Forces from Afghanistan in 2021.
added
The lessons learned from 20 years in Afghanistan.
added
The lessons learned from 20 years of equipping and supporting the Afghan National Security Force.
added
Interim briefing— Not later than March 3, 2022, the Commission shall provide to the appropriate congressional committees a briefing on the status of its review and assessment, and include a discussion of any interim recommendations.
added
Form— The report submitted to Congress under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
added
Appropriate congressional committees— In this subsection, the term “appropriate congressional committees” means—
added
the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate; and
added
the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
added
Funding— Of the amounts authorized to be appropriated by to this Act for the Department of Defense, $5,000,000 is available to fund the activities of the Commission.
added
Termination— The Commission shall terminate 6 months after the date on which it submits the report required by subsection (e).
Sec. 1081 Technology pilot program to support ballot transmission for absent uniformed services and overseas votes
added
added
In general— Not later than 60 days after the date of enactment of this Act, the individual designated as the Presidential designee under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(a)) shall, subject to the availability of appropriations, establish and administer a technology pilot program under section 589 of the Military and Overseas Voter Empowerment Act (52 U.S.C. 20311) to provide grants to State and local jurisdictions responsible for the administration of elections for Federal office for use as described in subsection (b) to administer the general elections for Federal office held in November 2022 and the general elections for Federal office held in November 2024.
added
Grant uses— A State or local jurisdiction responsible for the administration of elections for Federal office may only use grant funds provided under the program established under subsection (a) for the implementation of technologies that support the ability to vote of individuals entitled to vote in an election under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.), including technologies that—
added
improve the security of ballot transmission, including through the use of cloud-based solutions, to enable ballot transmission to meet existing Federal cybersecurity guidelines; and
added
allow grant recipients to measure and report on data with respect to the use and effectiveness of technologies tested under the program.
added
Reporting requirement— Not later than 60 days after the date of general elections in a State in which a State or local jurisdiction responsible for the administration of Federal elections has received a grant under the program for that election, the grant recipient shall prepare and submit to the Presidential designee a report on the effectiveness of the technologies tested under the program and recommendations on the future use of such technologies.
added
Restriction on grants to State and local jurisdictions— The Presidential designee may not provide grants to a local jurisdiction for an election specified in subsection (a) if the State entity responsible for the administration of elections for Federal office in such State has received a grant under the program for that election.
Sec. 1082 Recognition of the Memorial, Memorial Garden, and K9 Memorial of the National Navy UDT-SEAL Museum in Fort Pierce, Florida, as the official national memorial, memorial garden, and K9 memorial, respectively, of Navy SEALs and their predecessors
addedadded The Memorial, Memorial Garden, and K9 Memorial of the National Navy UDT-SEAL Museum, located at 3300 North Highway A1A, North Hutchinson Island, in Fort Pierce, Florida, are recognized as the official national memorial, memorial garden, and K9 memorial, respectively, of Navy SEALs and their predecessors.
Sec. 1083 Sense of Congress on the legacy, contributions, and sacrifices of American Indian and Alaska Natives in the Armed Forces
added
added
Findings— Congress finds the following:
added
The United States celebrates Native American History Month each November to recognize and honor the history and achievements of Native Americans.
added
American Indian and Alaska Natives serve in all branches of the Armed Forces, attend all service academies, and defend our country with valiance, pride, and honor.
added
More than 30,000 active duty, reserve, and National Guard members of the Armed Forces identify as Native American.
added
American Indian and Alaska Natives have served and continue to serve in the highest proportions to population than any other ethnic group.
added
American Indian and Alaska Natives have served in every war, from the Revolutionary War to current overseas conflicts.
added
Native American veterans are Congressional Medal of Honor, Congressional Gold and Silver Medals, Purple Heart, and Bronze Star Medal recipients.
added
American Indian and Alaska Native women serve in Armed Forces in higher proportions than any other ethnic group.
added
Native American Code Talkers and their languages proved an invaluable asset during World Wars I and II.
added
Ira Hayes, Akimel O’odham (Pima) helped to raise the American flag on Iwo Jima;
added
Dr. Joseph Medicine Crow, Apsáalooke (Crow), served in WWII and became a war chief.
added
Numerous present and past military aircraft, helicopters, and munitions programs bear the names of Native American tribes and tribal leaders to honor their legacy of martial prowess, including the Apache, Kiowa, Black Hawk, Lakota, Chinook, Huron, Iroquois, Comanche, Cayuse, Chickasaw, Ute, Gray Eagle, Mescalero, Tomahawk, and more.
added
Native American tribes commonly take part in ceremonies alongside military units to bless new aircraft and mark successful inception of new fleets.
added
More than 140,000 veterans across the United States identify as Native American.
added
Each November, the Department of Defense honors the unique and special relationship with tribal communities during Native American Heritage Month.
added
Sense of Congress— It is the sense of Congress that Congress—
added
recognizes and honors the legacy and contributions of American Indian and Alaska Natives and tribal communities to the military of the United States; and
added
commits to ensuring progress for American Indian and Alaska Native members of the Armed Forces and veterans with regard to representation in senior military leadership positions, improving access to culturally competent resources and services, and supporting families and tribal communities.
Sec. 1084 Name of Naval Medical Center Camp Lejeune
addedadded Naval Medical Center Camp Lejeune located on Marine Corps Base Camp Lejeune, North Carolina, shall after the date of the enactment of this Act be known and designated as the “Walter B. Jones Naval Medical Center”. Any reference to Naval Medical Center Camp Lejeune in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Walter B. Jones Naval Medical Center.
Sec. 1085 Sense of Congress regarding naming a warship the USS Fallujah
addedadded It is the sense of Congress that the Secretary of the Navy should name a warship the “USS Fallujah”.
Sec. 1086 Name of Air Force Utah test and training range
addedadded The Air Force Utah Test and Training Range shall after the date of the enactment of this Act be known and designated as the “Bishop Utah Test and Training Range”. Any reference to such test and training range in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Bishop Utah Test and Training Range.
Sec. 1087 Name of Air Force Utah Test and Training Range Consolidated Mission Control Center
addedadded The Air Force Utah Test and Training Range Consolidated Mission Control Center shall after the date of the enactment of this Act be known and designated as the “Robert W. Bishop Utah Test and Training Range Combined Mission Control Center”. Any reference to such combined mission control center in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Robert W. Bishop Utah Test and Training Range Combined Mission Control Center.
Sec. 1088 Sense of Congress regarding crisis at the Southwest border
added
added
Findings— Congress makes the following findings:
added
There were 1,300,000 illegal crossings between January, 2021, and July, 2021, at the Southwest land border of the United States.
added
The 212,672 migrant encounters on the Southwest land border in July 2021 was a 21-year high.
added
Noncitizens with criminal convictions are routinely encountered at ports of entry and between ports of entry on the Southwest land border.
added
Some of the inadmissible individuals encountered on the southwest border are known or suspected terrorists.
added
Transnational criminal organizations routinely move illicit drugs, counterfeit products, and trafficked humans across the Southwest land border.
added
Sense of Congress— It is the sense of Congress that—
added
the current level of illegal crossings and trafficking on the Southwest border represents a national security threat;
added
the Department of Defense has rightly contributed personnel to aid the efforts of the United States Government to address the crisis at the Southwest border;
added
the National Guard and active duty members of the Armed Forces are to be commended for their hard work and dedication in their response to the crisis at the Southwest land border; and
added
border security is a matter of national security and the failure to address the crisis at the Southwest border introduces significant risk to the people of the United States.
Sec. 1089 Improvements and clarifications relating to unauthorized use of computers of Department of Defense
addedadded The Secretary of Defense shall take such steps as may be necessary to ensure that the electronic banner that appears on the screens of computers of the Department of Defense upon access of such computers (providing warnings related to access and use of U.S. Government computers) is updated to include language prohibiting users from using government email for an unauthorized purpose.
Sec. 1101 One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas
addedadded Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1105 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is further amended by striking “through 2021” and inserting “through 2022”.
Sec. 1102 One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone
addedadded Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and as most recently amended by section 1106 of the of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is further amended by striking “2022” and inserting “2023”.
Sec. 1103 DARPA personnel management authority to attract science and engineering experts
addedadded Section 1599h(b) of title 10, United States Code, is amended—
added
in paragraph (2)(B), by striking “and” at the end;
added
in paragraph (3), by striking the period and inserting “; and”; and
added
by adding at the end the following:
added “(4) during any fiscal year, pay up to 15 individuals newly appointed pursuant to paragraph (1)(B) the travel, transportation, and relocation expenses and services described under sections 5724, 5724a, and 5724c of title 5.”
Sec. 1104 Civilian personnel management
addedadded Section 129(a) of title 10, United States Code, is amended—
added
in the first sentence, by striking “primarily” and inserting “solely”;
added
in the second sentence, by striking “solely”; and
added
by inserting after the second sentence the following: “Funds appropriated to the Department of Defense may not be obligated or expended for term or temporary hiring authorities for enduring functions.”.
Sec. 1105 Comptroller General review of Naval Audit Service operations
added
added
Comptroller General report— Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall submit to congressional defense committees a report on the operations of the Naval Audit Service. Such report shall include—
added
a description of current and historical budgetary resources and authorized full-time employees provided to and utilized by the Naval Audit Service, as well as of any planned or anticipated changes to the Naval Audit Service’s level of resources or staff;
added
information on the workload of the Naval Audit Service and where it devotes its resources;
added
an assessment of the audit policies of the Naval Audit Service, how it determines where to devote resources, and its level of independence when performing audits and reporting audit results; and
added
an assessment of the potential impacts of any planned or anticipated changes to the Naval Audit Service’s level of resources or staff.
added
Limitation— During the period beginning on the date of enactment of this Act and ending on the date that is 180 days after the date on which the report under subsection (a) is submitted to the congressional defense committees—
added
no individual may assign, transfer, transition, merge, consolidate, or eliminate any function, responsibility, authority, service, system, or program that was carried out by the Naval Audit Service as of January 1, 2021, to an entity other than the Naval Audit Service; and
added
the number of full-time employees authorized for the Naval Audit Service may not be reduced below the total that is 10 percent less than the number that was authorized as of January 1, 2021.
added
Secretary of the Navy report— Not later than the date that is 90 days after the date the report under subsection (a) is submitted to the congressional defense committees, the Secretary of the Navy shall submit to the congressional defense committees a report, including—
added
the Navy’s assessment of the findings and recommendations of the Comptroller General in regard to the Naval Audit Service, including the Navy’s plans to implement the Comptroller General’s recommendations;
added
any reports or studies completed since 2018 by the Navy or outside entities, including federally funded research and development centers, into the operations of the Naval Audit Service, and the Navy’s response to the findings and recommendations of such reports; and
added
the Secretary’s plans for any changes to the activities, resources, staffing, authorities, responsibilities, and mission of the Naval Audit Service.
Sec. 1106 Implementation of GAO recommendations on tracking, response, and training for civilian employees of the Department of Defense regarding sexual harassment and assault
added
added
Plan required—
added
In general— The Secretary of Defense shall develop a plan to address the recommendations in the report of the U.S. Government Accountability Office titled “Sexual Harassment and Assault: Guidance Needed to Ensure Consistent Tracking, Response, and Training for DOD Civilians” (GAO–21–113).
added
Elements— The plan required under paragraph (1) shall, with respect to each recommendation in the report described in paragraph (1) that the Secretary has implemented or intends to implement, include—
added
a summary of actions that have been or will be taken to implement the recommendation; and
added
a schedule, with specific milestones, for completing implementation of the recommendation.
added
Submission to congressional defense committees— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the plan required under subsection (a).
added
Deadline for implementation—
added
In general— Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act, the Secretary shall carry out activities to implement the plan developed under subsection (a).
added
Exception for implementation of certain recommendations—
added
Delayed implementation— The Secretary may initiate implementation of a recommendation in the report described in subsection (a)(1) after the date specified in paragraph (1) if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation on or before such date.
added
Nonimplementation— The Secretary may decide not to implement a recommendation in the report described in subsection (a)(1) if the Secretary provides to the congressional defense committees, on or before the date specified in paragraph (1)—
added
a specific justification for the decision not to implement the recommendation; and
added
a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation.
Sec. 1107 Guidelines for reductions in civilian positions
addedadded Subsection (e) of section 1597 of title 10, United States Code, is amended—
added
in the subsection heading, by striking “Reductions Based Primarily on Performance” and inserting “Reductions Based Primarily on Seniority and Veterans Preference”; and
added
by striking “primarily on the basis of performance, as determined under any applicable performance management system” and inserting “following the order of retention prescribed in section 3502 of title 5”.
Sec. 1108 Repeal of 2-year probationary period
added
added
Repeal—
added
In general— Section 1599e of title 10, United States Code, is repealed.
added
Application— The modification of probationary periods for covered employees (as that term is defined in such section 1599e as in effect on the date immediately preceding the date of enactment of this Act) by operation of the amendment made by paragraph (1) shall only apply to an individual appointed as such an employee on or after such date of enactment.
added
Technical and conforming amendments—
added
Title 10— The table of sections for chapter 81 of title 10, United States Code, is amended by striking the item relating to section 1599e.
added
Title 5— Title 5, United States Code, is amended—
added
in section 3321(c), by striking “, or any individual covered by section 1599e of title 10”;
added
in section 3393(d), by striking the second sentence;
added
in section 7501(1), by striking “, except as provided in section 1599e of title 10,”;
added
in section 7511(a)(1)(A)(ii), by striking “except as provided in section 1599e of title 10,”; and
added
in section 7541(1)(A), by striking “or section 1599e of title 10”.
Sec. 1109 Amendment to diversity and inclusion reporting
addedadded Section 113 of title 10, United States Code, as amended by section 551 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended—
added
in subsection (c)(2), by inserting “of members and civilian employees” after “inclusion”;
added
in subsection (l)—
added
in paragraph (1)—
added
in subparagraph (A), by striking “; and” and inserting a semicolon;
added
by redesignating subparagraph (B) as subparagraph (C); and
added
by inserting after subparagraph (A) the following new subparagraph (B):
added “(B) efforts to reflect, across the civilian workforce of the Department and of each armed force, the diversity of the population of the United States; and”
added
in paragraph (2)(B), by inserting “and civilian employees of the Department” after “members of the armed forces”; and
added
in subsection (m)—
added
by redesignating paragraph (7) as paragraph (8); and
added
by inserting after paragraph (6) the following new paragraph (7):
added “(7) The number of civilian employees of the Department, disaggregated by military department, gender, race, and ethnicity—
added “(A) in each grade of the General Schedule;
added “(B) in each grade of the Senior Executive Service;
added “(C) paid at levels above grade GS-15 of the General Schedule but who are not members of the Senior Executive Service;
added “(D) paid under the Federal Wage System, and
added “(E) paid under alternative pay systems.”
Sec. 1110 Including active duty in the armed forces in meeting service requirement for Federal employee family and medical leave
added
added
Family and Medical Leave Act of 1993— Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following:
added “(F) Active duty as member of armed forces—For the purposes of determining whether an individual who is a Federal officer or employee (not including a Federal officer or employee excluded under paragraph (2)(B)(i)) meets the service requirements specified in subparagraph (A), the individual will be considered to meet those requirements if the individual—
added “(i) served on active duty as a member of the armed forces for at least one year; and
added “(ii) whose separation from the armed forces is characterized as honorable by the Secretary concerned.”
added
Title 5— Section 6381(1)(B) of title 5, United States Code, is amended to read as follows:
added “(B)
added “(i) has completed at least 12 months of service as an employee (as defined in section 2105) of the Government of the United States, including service with the United States Postal Service, the Postal Regulatory Commission, and a nonappropriated fund instrumentality as described in section 2105(c); or
added “(ii)
added “(I) served on active duty as a member of the armed forces for at least one year; and
added “(II) whose separation from the armed forces is characterized as honorable by the Secretary concerned;”
Sec. 1111 Treatment of hours worked under a qualified trade-of-time arrangement
addedadded Section 5542 of title 5, United States Code, is amended by adding at the end the following:
added “(h)
added “(1) Notwithstanding any other provision of this section, any hours worked by a firefighter under a qualified trade-of-time arrangement shall be disregarded for purposes of any determination relating to eligibility for, or the amount of, any overtime pay under this section.
added “(2) For purposes of this subsection—
added “(A) the term qualified trade-of-time arrangement means an arrangement under which 2 firefighters who are employed by the same agency agree, solely at their option and with the approval of their employing agency, to substitute for one another during scheduled work hours in the performance of work in the same capacity; and
added “(B) the term firefighter means a firefighter as defined by section 8331(21) or 8401(14).”
Sec. 1112 Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense
addedadded Section 1108(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended to read as follows:
added “(b) Positions—The positions in the Department described in this subsection are positions in the competitive service—
added “(1) at any defense industrial base facility (as that term is defined in section 2208(u)(3) of title 10, United States Code) that is part of the core logistics capabilities (as described in section 2464(a) of such title); or
added “(2) at any Major Range and Test Facility Base (as that term is defined in section 196(i) of such title).”
Sec. 1113 Increase in allowance based on duty at remote worksites
added
added
Assessment and rate— Not later than March 31, 2022, the Director of the Office of Personnel Management shall complete an assessment of the remote site pay allowance under section 5942 of title 5, United States Code, and propose a new rate of such allowance, adjusted for inflation, and submit such assessment and rate to the President and to Congress.
added
Application— Beginning on the first day of the first pay period beginning after the date the Director submits the assessment and rate under subsection (a), such rate shall, notwithstanding subsection (a) of such section 5942, be the rate of such allowance.
Sec. 1114 Limiting the number of local wage areas defined within a pay locality
added
added
Local wage area limitation— Section 5343(a) of title 5, United States Code, is amended—
added
in paragraph (1)(B)(i), by striking “(but such” and all that follows through “are employed)”;
added
in paragraph (4), by striking “and” after the semicolon;
added
in paragraph (5), by striking the period at the end and inserting “; and”; and
added
by adding at the end of the following:
added “(6) the Office of Personnel Management may define not more than one local wage area within a pay locality, except that this paragraph shall not apply to the pay locality designated as “Rest of United States”.”
added
Pay locality defined— Section 5342(a) of title 5, United States Code, is amended—
added
in paragraph (2)(C), by striking “and” at the end;
added
in paragraph (3), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following:
added “(4) “pay locality” has the meaning given that term under section 5302(5).”
added
Regulations— The Director of the Office of Personnel Management shall prescribe any regulations necessary to carry out this section and the amendments made by this section, including regulations to ensure that this section and the amendments made by this section shall not have the effect of reducing any rate of basic pay payable to any individual who is serving as a prevailing rate employee (as defined under section 5342(a)(2) of title 5, United States Code).
added
Effective date— This section and the amendments made by this section shall apply with respect to fiscal year 2022 and each fiscal year thereafter.
Sec. 1201 Extension of support of special operations for irregular warfare
addedadded Section 1202(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1639) is amended by striking “2023 ” and inserting “2025”.
Sec. 1211 Clarification of certain matters regarding protection of Afghan allies
added
added
In general— Section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
added
in subsection (b)(2)(C)—
added
by striking “(I) In general.—An alien is described in this subparagraph if the alien” and inserting the following:
added “(i) In general—An alien is described in this subparagraph if the alien”
added
by striking “(II) Employment requirements.—An application” and inserting the following:
added “(ii) Employment requirements—An application”
added
in subsection (b)(2)(C)(i), by striking subclause (I), and inserting the following:
added “(I) was the spouse or child of a principal alien described in subparagraph (A) who had submitted—
added “(aa) an application to the Chief of Mission pursuant to this section; or
added “(bb) a petition pursuant to section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 1101 note),”
added
in subsection (b)(2)(C)(i)(II)—
added
in item (aa), by inserting “application or” before “petition”; and
added
in item (bb), by inserting “application or” before “petition”; and
added
in subsection (b)(2)(C)(ii), by inserting “or petition” after “application” each place such term appears.
added
Sense of Congress— It is the sense of Congress that—
added
it is our solemn responsibility to honor the sacrifices made by, and the loyal service of, our many Afghan partners who faithfully served alongside our Armed Forces, our diplomats, and supported United States operations in Afghanistan for the last 20 years;
added
the United States Government must recognize that commitment and seek to facilitate the safe passage to the United States for those Afghan partners through the Afghan Special Immigrant Visa program;
added
our Afghan partners performed their services at great personal risk to themselves and their families and that these Afghans, in their service to our security as interpreters and in other capacities, furthered our military and diplomatic mission in Afghanistan; and
added
the United States Government is grateful for the loyalty of our Afghan partners and expresses our deepest sympathies for what they have lost.
Sec. 1212 Afghanistan Security Forces Fund
added
added
Authorization of appropriations— Amounts are authorized to be appropriated and are authorized to remain available through December 31, 2022, for the Afghanistan Security Forces Fund for expenditure on costs associated with the termination of Operation Freedom’s Sentinel and termination of related support to the forces of the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan, and may also be made available for storage costs for equipment and other materiel taken into DoD stock pursuant to subsection (b) of this section, contract termination, and close out costs.
added
Equipment disposition—
added
Acceptance of certain equipment— Subject to paragraph (2), the Secretary of Defense may accept equipment that was procured using amounts authorized to be appropriated for the Afghanistan Security Forces Fund by subsection (a) or authorized to be appropriated pursuant to prior Acts and was—
added
intended for transfer to the security forces of the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan; or
added
previously accepted by the Government of Afghanistan.
added
Treatment as Department of Defense stocks— Equipment accepted under the authority provided under paragraph (1) may be treated as stocks of the Department of Defense upon notification to the congressional defense committees of such treatment.
added
Authorization of appropriations— Amounts authorized to be appropriated by this Act for the Afghanistan Security Forces Fund for the authority described in paragraph (1) may be used—
added
for transportation, storage, and other costs associated with taking equipment accepted under the authority provided under paragraph (1) into stocks of the Department of Defense until alternate disposition is determined; and
added
to pay for the costs of disposing of such equipment if no other alternate use can be found.
added
Quarterly reports on equipment disposition—
added
In general— Not later than 90 days after the date of the enactment of this Act and every 90 days thereafter during the period in which the authority provided under paragraph (1) is exercised, the Secretary shall submit to the congressional defense committees a report describing the equipment accepted during the period covered by such report under the following:
added
This subsection.
added
Any prior Act authorizing the appropriation of funds for the Afghanistan Security Forces Fund pursuant to which such equipment was accepted during such period.
added
Elements— Each report under subparagraph (A) shall include, with respect to the 90-day period for which report is submitted and cumulatively beginning with the date of the submission of the first notification described in subparagraph (A) —
added
a list of any equipment accepted during such period and treated as stocks of the Department of Defense;
added
a description of the circumstances that resulted in such equipment being available for treatment as stocks of the Department of Defense;
added
the cost associated with the storage of maintenance of any accepted equipment; and
added
the final disposition decisions or actions for all accepted equipment.
Sec. 1213 Prohibition on providing funds or material resources of the Department of Defense to the Taliban
addedadded The Secretary of Defense may not provide any funds or material resources of the Department of Defense to the Taliban.
Sec. 1214 Prohibition on transporting currency to the Taliban and the Islamic Emirate of Afghanistan
addedadded None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available for the operation of any aircraft of the Department of Defense to transport currency or other items of value to the Taliban, the Islamic Emirate of Afghanistan, or any subsidiary, agent, or instrumentality of either the Taliban or the Islamic Emirate of Afghanistan.
Sec. 1215 Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations
addedadded Section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393) is amended—
added
in subsection (a), by striking “for the period beginning on October 1, 2020, and ending on December 31, 2021” and inserting “for the period beginning on October 1, 2021, and ending on December 31, 2022”; and
added
in subsection (d)—
added
by striking “during the period beginning on October 1, 2020, and ending on December 31, 2021” and inserting “during the period beginning on October 1, 2021, and ending on December 31, 2022”; and
added
by striking “$180,000,000” and inserting “$60,000,000”.
Sec. 1216 Quarterly briefings on the security environment in Afghanistan and United States military operations related to the security of, and threats emanating from, Afghanistan
added
added
In general— The Chairman of the Joint Chiefs of Staff and the Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Under Secretary of Defense for Intelligence and Security, shall provide to the congressional defense committees a quarterly briefing on the security environment in Afghanistan and United States military operations related to the security of, and threats emanating from, Afghanistan.
added
Elements— Each quarterly briefing under subsection (a) shall including information relating to the following:
added
The current security environment in Afghanistan, including the following:
added
An assessment of foreign terrorist organizations operating within Afghanistan, including the operations of such organizations against targets inside Afghanistan and abroad.
added
An assessment of Taliban operations against Afghan nationals who assisted United States and coalition forces since 2001.
added
The disposition of United States forces in the region, including the following:
added
An update on United States force posture and basing activity in the CENTCOM area of operations as such relates to Afghanistan.
added
A description of capabilities of forces in the region to execute operations in Afghanistan.
added
Relevant updates on ability and effectiveness of over the horizon operations in Afghanistan.
added
Relevant updates of foreign military operations in the region, including the following:
added
An assessment of foreign military operations in the region as such relate to Afghanistan.
added
An assessment of foreign military capabilities to execute operations in Afghanistan.
added
An assessment of foreign militaries’ relationships with the Taliban or foreign terrorist organizations inside Afghanistan.
added
Timing— Each quarterly briefing under subsection (a) shall be conducted on date each quarter of each fiscal year as agreed upon by the Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Policy, the Under Secretary of Defense for Intelligence and Security, and the congressional defense committees.
added
Classification— Each quarterly briefing under subsection (a) shall be conducted in a classified format.
Sec. 1217 Quarterly report on the threat potential of Al-Qaeda and related terrorist groups under a Taliban regime in Afghanistan
added
added
In general— The Secretary of Defense shall prepare and submit to the appropriate congressional committees on a quarterly basis a report on the threat potential of Al-Qaeda and related terrorist groups under a Taliban regime in Afghanistan.
added
Matters to be included— The report required by subsection (a) shall include the implications of Al-Qaeda and related terrorist groups, including the Islamic State of Iraq and Syria (ISIS), the Islamic State Khurasan (ISK), and the Haqqani Network, operating within a Taliban-held Afghanistan, the region, and globally.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1218 Sense of Congress
addedadded It is the sense of Congress that—
added
the men and women of the United States Armed Forces performed heroically by securing Hamid Karzai International Airport and facilitating the evacuation of thousands of United States citizens;
added
these servicemembers have executed the largest Noncombatant Evacuation Operation (NEO) in United States history, saving the lives of thousands of men, women, and children;
added
these servicemembers should be commended for their courageous and noble service to their country, having acquitted themselves in a manner that should make every American proud; and
added
the service and lives of the 11 Marines, a sailor, and a soldier who gave their lives in service of this mission should be remembered for their valor and humanity, having made the ultimate sacrifice in service to their Nation.
Sec. 1221 Extension and modification of authority to provide assistance to vetted Syrian groups and individuals
added
added
In general— Subsection (a) of section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3451) is amended by striking “December 31, 2021” and inserting “December 31, 2022”.
added
Notice before provision of assistance— Subsection (b)(2)(A) of such section is amended by striking “or fiscal year 2021” and inserting “fiscal year 2021, or fiscal year 2022”.
Sec. 1222 Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq
added
added
Limitation on amount— Subsection (c) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended—
added
by striking “fiscal year 2021” and inserting “fiscal year 2022”; and
added
by striking “$25,000,000” and inserting “$30,000,000”.
added
Source of funds— Subsection (d) of such section is amended by striking “fiscal year 2021” and inserting “fiscal year 2022”.
Sec. 1223 Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria
added
added
In general— Subsection (a) of section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558) is amended by striking “December 31, 2021” and inserting “December 31, 2022”.
added
Funding— Subsection (g) of such section is amended—
added
by striking “fiscal year 2021” and inserting “fiscal year 2022”; and
added
by striking “$322,500,000” and inserting “$345,000,000”.
added
Limitation on availability of funds—
added
In general— Of the amounts made available for fiscal year 2021 (and available for obligation as of the date of the enactment of this Act) and fiscal year 2022 to carry out section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558), not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense and the Secretary of State submit to appropriate congressional committees a report that contains the following:
added
A comprehensive strategy and plan to train and build lasting and sustainable military capabilities of the Iraqi security forces using existing authorities.
added
A whole-of-government plan to engage the Government of Iraq and the Kurdistan Regional Government in security sector reform to professionalize, strengthen, and sustainably build the capacity of Iraq’s national defense and security institutions.
added
A description of the current status, capabilities, and operational capacity of remaining Islamic State of Iraq and Syria elements active in Iraq and Syria.
added
Additional reporting requirement— The Secretary of Defense and Secretary of State shall submit to appropriate congressional committees a report that contains information relating to any gross violations of human rights committed by units of the Iraqi security forces.
added
Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
Sec. 1224 Prohibition of transfers to Badr organization
addedadded None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available, directly or indirectly, to the Badr Organization.
Sec. 1225 Prohibition on transfers to Iran
addedadded None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available to transfer or facilitate a transfer of pallets of currency, currency, or other items of value to the Government of Iran, any subsidiary of such Government, or any agent or instrumentality of Iran.
Sec. 1226 Report on Iran-China military ties
addedadded Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 4 years, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that includes a detailed assessment of—
added
military ties between China and Iran since the expiration of United Nations Security Resolution 2231 in October 2020, including in the form of joint drills, weapons transfers, military visits, illicit procurement activities, and other sources of Chinese material support for Iranian military capabilities; and
added
the direct or indirect impact that the suspension, issuance, or revocation of any waiver, license, or suspension of economic sanctions on Iran may have on the use or effectiveness of such tools.
Sec. 1227 Report on Iranian military capabilities
addedadded Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that includes a detailed description of—
added
improvements to Iranian military capabilities in the preceding 180-day period, including capabilities of the Islamic Revolutionary Guard Corps, the Quds Force, the Artesh, and the Basij, as well as those of its terrorist proxies; and
added
the direct or indirect impact that the suspension, issuance, or revocation of any waiver, license, or suspension of economic sanctions on Iran may have on such capabilities.
Sec. 1228 Report on Iranian terrorist proxies
addedadded Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that includes a detailed description of—
added
improvements to the military capabilities of Iran-backed militias, including Lebanese Hezbollah, Asa’ib ahl al-Haq, Harakat Hezbollah al-Nujaba, Kata’ib Sayyid al-Shuhada, Kata’ib al-Imam Ali, Kata’ib Hezbollah, the Badr Organization, the Fatemiyoun, the Zainabiyoun, and Ansar Allah (also known as the Houthis); and
added
the direct or indirect impact that the suspension, issuance, or revocation of any waiver, license, or suspension of economic sanctions on Iran may have on such capabilities.
Sec. 1231 Extension of limitation on military cooperation between the United States and Russia
addedadded Section 1232(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488), is amended by striking “2020, or 2021” and inserting “2020, 2021, or 2022”.
Sec. 1232 Prohibition on availability of funds relating to sovereignty of Russia over Crimea
added
added
Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of Russia over Crimea.
added
Waiver— The Secretary of Defense, with the concurrence of the Secretary of State, may waive the restriction on the obligation or expenditure of funds required by subsection (a) if the Secretary of Defense—
added
determines that to do so is in the national security interest of the United States; and
added
submits a notification of the waiver, at the time the waiver is invoked, to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
Sec. 1233 Modification and extension of Ukraine Security Assistance Initiative
addedadded Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended as follows:
added
In subsection (c)—
added
in paragraph (1), by striking “funds available for fiscal year 2021 pursuant to subsection (f)(6)” and inserting “funds available for fiscal year 2022 pursuant to subsection (f)(7)”;
added
in paragraph (3), by striking “fiscal year 2021” and inserting “fiscal year 2022”; and
added
in paragraph (5), by striking “Of the funds available for fiscal year 2021 pursuant to subsection (f)(6), $75,000,000 shall be available” and inserting “Of the funds available for fiscal year 2022 pursuant to subsection (f)(7), $50,000,000 shall be available”.
added
In subsection (f), by adding at the end the following:
added “(7) For fiscal year 2022, $300,000,000.”
added
In subsection (h), by striking “December 31, 2023” and inserting “December 31, 2024”.
Sec. 1234 Report on options for assisting the Government of Ukraine in addressing integrated air and missile defense gaps
added
added
Sense of Congress— It is the sense of Congress that—
added
the United States remains a steadfast partner of Ukraine; and
added
it is in the United States national security interest assist the Government of Ukraine in countering Russian military aggression.
added
Report— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on options for how the United States could support the Government of Ukraine in addressing integrated air and missile defense gaps. Such report shall include options for the foreign military sale of United States systems or the transfer of existing systems that are not being allocated through global force management.
Sec. 1235 Biennial report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member
added
added
Report required— Not later than April 1, 2022, and on a biennial basis thereafter until April 1, 2024, the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence and the heads of any other appropriate department or agency, shall jointly submit to the appropriate congressional committees a report on Russian influence operations and campaigns that target United States military alliances and partnerships.
added
Elements— The report required under subsection (a) shall include each of the following:
added
An assessment of Russia’s objectives for influence operations and campaigns targeting United States military alliances and partnerships and how such objectives relate to Russia’s broader strategic aims.
added
The activities and roles of the Department of Defense and Department of State in the United States government strategy to counter such Russian influence operations and campaigns.
added
A comprehensive list of specific Russian state and non-state entities, or those of any other country with which Russia may cooperate, involved in supporting such Russian influence operations and campaigns and the role of each entity in such support.
added
An identification of the tactics, techniques, and procedures used in previous Russian influence operations and campaigns.
added
An assessment of the impact of previous Russian influence operations and campaigns targeting United States military alliances and partnerships, including the views of senior Russian officials about the effectiveness of such operations and campaigns in achieving Russian objectives.
added
An identification of each United States ally and partner, and each military alliance of which the United States is a member, that has been targeted by Russian influence operations and campaigns.
added
An identification of each United States ally and partner, and each military alliance of which the United States is a member, that may be targeted in future Russian influence operations and campaigns, and an assessment of the likelihood that each such ally, partner, or alliance will be targeted.
added
An identification of tactics, techniques, and procedures likely to be used in future Russian influence operations and campaigns targeting United States military alliances and partnerships.
added
Recommended authorities or activities for the Department of Defense and Department of State in the United States government strategy to counter such Russian influence operations and campaigns.
added
Any other matters the Secretaries determine appropriate.
added
Form; updates—
added
Form— The report required under subsection (a) shall be submitted in unclassified form and in a manner appropriate for release to the public, but may include a classified annex.
added
Updates— Each report submitted pursuant to subsection (a) after the submission of the first report shall highlight changes and new developments that have occurred since the previous report and may omit to restate in full the contents of any previous report.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the congressional defense committees;
added
the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate; and
added
the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
added
United States military alliances and partnerships— The term “United States military alliances and partnerships” includes each military alliance or partnership of which the United States is a member.
Sec. 1236 Sense of Congress on Georgia
added
added
Findings— Congress finds the following:
added
Georgia is a valued friend of the United States and has repeatedly demonstrated its commitment to advancing the mutual interests of both countries, including strong participation in the State Partnership Program of the National Guard between the Georgia National Guard and the Georgian armed forces.
added
The contributions of the Georgian armed forces have been remarkable with members of the Georgia National Guard having fought side-by-side with Georgian soldiers in Iraq and Afghanistan.
added
Georgia’s geographic location gives it strategic importance as a transit corridor.
added
The resilience of Georgia’s democratic institutions is critical to its Euro-Atlantic integration.
added
Sense of congress— It is the sense of Congress that the United States should—
added
reaffirm support for an enduring strategic partnership between the United States and Georgia;
added
support Georgia’s sovereignty and territorial integrity within its internationally recognized borders and not recognize the independence of the Abkhazia and South Ossetia regions currently occupied by the Russian Federation;
added
continue support for multi-domain security assistance for Georgia in the form of lethal and non-lethal measures to build resiliency, bolster deterrence against Russian aggression, and promote stability in the region, by—
added
strengthening defensive capabilities and promote readiness; and
added
improving interoperability with NATO forces;
added
further enhance security cooperation and engagement with Georgia and other Black Sea regional partners; and
added
continue to work with Georgia’s political leaders to strengthen Georgia’s democratic institutions.
Sec. 1241 Sense of Congress on a free and open Indo-Pacific region
addedadded It is the sense of Congress that—
added
the United States is steadfast in its commitment to upholding the rules-based international order, freedom of navigation, and shared values in a free and open Indo-Pacific region;
added
maintenance of a free and open Indo-Pacific region is essential to global security and crucial to the national security objectives of the United States, its allies, and partners;
added
United States alliances and partnerships are the cornerstone of efforts to deter aggression and counter malign activity by the Governments of the People’s Republic of China and the Democratic People’s Republic of North Korea, and to ensure the maintenance of a free and open Indo-Pacific region;
added
the United States remains steadfast in its commitments to allies and partners against aggression and malign activity, and will continue to strengthen cooperation in bilateral relationships, multilateral partnerships such as the Quad, and other international fora to uphold global security and shared principles; and
added
the United States should continue to invest in enhanced military posture and capabilities in the United States Indo-Pacific Command area of responsibility.
Sec. 1242 Clarification of required budget information related to the Indo-Pacific
addedadded Section 1251(e) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by adding at the end the following:
added “(10) A description of the manner and extent to which the amounts, summaries, and comparisons required by this subsection directly address the items identified in—
added “(A) the independent assessment required under section 1253 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92); and
added “(B) the plan required by subsection (d).”
Sec. 1243 Report on cooperation between the National Guard and Taiwan
added
added
Report— Not later than February 15, 2022, the Secretary of Defense shall submit to appropriate congressional committees a report on the feasibility and advisability of enhanced cooperation between the National Guard and Taiwan. Such report shall include the following:
added
A description of the cooperation between the National Guard and Taiwan during the 10 preceding calendar years, including mutual visits, exercises, training, and equipment opportunities.
added
An evaluation of the feasibility and advisability of enhancing cooperation between the National Guard and Taiwan on a range of activities, including—
added
disaster and emergency response;
added
cyber defense and communications security;
added
military medical cooperation;
added
cultural exchange and education of members of the National Guard in Mandarin Chinese; and
added
programs for National Guard advisors to assist in training the reserve components of the military forces of Taiwan.
added
Recommendations to enhance such cooperation and improve interoperability, including through familiarization visits, cooperative training and exercises, and co-deployments.
added
Any other matter the Secretary of Defense determines appropriate.
added
Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees;
added
the Committee on Foreign Affairs of the House of Representatives; and
added
the Committee on Foreign Relations of the Senate.
Sec. 1244 Report on military and security developments involving the People’s Republic of China
added
added
In general— Not later than January 31, 2022, and annually thereafter until January 31, 2026, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a report, in both classified and unclassified form, on military and security developments involving the People’s Republic of China.
added
Matters to be addressed— The report required by subsection (a) shall address the following:
added
The current and probable future course of military-technological development of the People’s Liberation Army and the tenets and probable development of Chinese security strategy and military strategy, and of military organizations and operational concepts, through the next 20 years.
added
United States-China engagement and cooperation on security matters during the period covered by the report, including through United States-China military-to-military contacts, and the United States strategy for such engagement and cooperation in the future.
added
Matters to be included— The report required by subsection (a) shall include analyses and forecasts of the following:
added
The objectives, factors, and trends shaping Chinese security strategy and military strategy.
added
Developments in China’s defense policy, military strategy, and the roles and missions of the People’s Liberation Army.
added
The People’s Liberation Army’s role in the Chinese Communist Party, including the structure and leadership of the Central Military Commission.
added
Developments in the People’s Liberation Army’s military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments.
added
Trends and developments in the People’s Liberation Army’s budget and resources and strategies and policies related to science and technology, defense industry reform, and China’s use of espionage and technology transfers.
added
Developments and future course of the People’s Liberation Army’s theater and functional commands, including their roles and missions, structure, and the size, location, and capabilities of their strategic, land, sea, air, and other forces, and the strengths or weaknesses thereof.
added
A detailed summary of the order of battle of the People’s Liberation Army, including—
added
anti-access and area denial capabilities;
added
ballistic and cruise missile inventories;
added
cyberwarfare and electronic warfare capabilities;
added
space and counter space programs and capabilities;
added
nuclear program and capabilities; and
added
command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities.
added
Developments relating to the China Coast Guard.
added
Developments in the People’s Liberation Army’s overseas presence, including military basing, military logistics capabilities and infrastructure, access to foreign ports or military bases, and whether such presence could affect United States national security or defense interests.
added
The relationship between Chinese overseas investment and Chinese security and military strategy objectives.
added
A description of any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including a forecast of possible future sales and transfers.
added
Efforts, including by espionage and technology transfers through investment, by China to develop, acquire, or gain access to advanced technologies that would enhance military capabilities.
added
The People’s Liberation Army’s internal security role and its affiliations with the People’s Armed Police and other Chinese law enforcement, intelligence, and paramilitary entities, including any activities supporting or implementing mass surveillance, mass detentions, forced labor, or other gross violations of human rights.
added
A description of Chinese military-to-military relationships with other countries, including the Russian Federation.
added
China’s strategy regarding Taiwan and the security situation in the Taiwan Strait.
added
A description of China’s maritime strategy, its military and nonmilitary activities in the South China Sea and East China Sea, to include roles and activities of the People’s Liberation Army and China’s maritime law enforcement and paramilitary organizations.
added
The current state of United States military-to-military contacts with the People’s Liberation Army, including a summary of such contacts during the period covered by the report, a description of such contacts for the 12-month period following the report, the Secretary’s assessment of the benefits of such contacts, and the Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a) of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 311 note).
added
Other significant military and security developments involving China that the Secretary of Defense considers relevant to United States national security.
added
Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—
added
the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
added
the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
Sec. 1245 Biennial report on influence operations and campaigns of the Government of the People’s Republic of China targeting military alliances and partnerships of which the United States is a member
added
added
In general— Not later than April 1, 2022, and on a biennial basis thereafter until April 1, 2024, the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence and the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a report on the influence operations and campaigns of the Government of the People’s Republic of China (PRC) targeting military alliances and partnerships of which the United States is a member.
added
Matters to be included— The report required by subsection (a) shall include the following:
added
An assessment of the PRC Government’s objectives in such operations and campaigns and how such objectives relate to the PRC Government’s broader strategic aims.
added
The activities and roles of the Department of Defense and Department of State in the United States Government strategy to counter such influence operations and campaigns of the PRC Government.
added
A comprehensive list of specific PRC state and non-state entities, or any other states with which the PRC may cooperate, involved in supporting such operations and campaigns and the role of each such entity in supporting such operations and campaigns.
added
An identification of the tactics, techniques, and procedures used in previous influence operations and campaigns of the PRC Government.
added
An assessment of the impact of previous influence operations and campaigns of the PRC Government, including the views of senior PRC Government officials about their effectiveness in achieving PRC Government objectives.
added
An identification of all United States military alliances and partnerships that have been targeted by influence operations and campaigns of the PRC Government.
added
An identification of all United States military alliances and partnerships that may be targeted in future influence operations and campaigns of the PRC Government and an assessment of the likelihood that each such partnership or alliance will be targeted.
added
An identification of tactics, techniques, and procedures likely to be used in future influence operations and campaigns of the PRC Government.
added
Recommended authorities or activities for the Department of Defense and Department of State in the United States Government strategy to counter such influence operations and campaigns of the PRC Government.
added
Any other matters the Secretaries determine to be appropriate.
added
Form— The report required by subsection (a) shall be submitted in unclassified form and appropriate for release to the public, but may include a classified annex.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees;
added
the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and
added
the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.
Sec. 1246 Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean
added
added
Report— Not later than June 15, 2022, the Secretary of Defense, with the concurrence of the Secretary of State and in coordination with the Secretary of the Treasury and the Director of National Intelligence, shall submit to the appropriate congressional committees a report that identifies efforts by the Government of the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean through diplomatic, military, economic, and other means, and describes the implications of such efforts on the United States’ national defense and security interests.
added
Elements— The report required under subsection (a) shall include the following:
added
An identification of—
added
countries of Latin America and the Caribbean with which the Government of the People’s Republic of China maintains especially close diplomatic, military, and economic relationships;
added
the number and content of strategic partnership agreements or similar agreements, including any non-public, secret, or informal agreements, that the Government of the People’s Republic of China has established with countries and regional organizations of Latin America and the Caribbean;
added
countries of Latin America and the Caribbean that have joined the Belt and Road Initiative or the Asian Infrastructure Investment Bank;
added
countries of Latin America and the Caribbean to which the Government of the People’s Republic of China provides foreign assistance or disaster relief, including access to COVID–19 vaccines, including a description of the amount and purpose of, and any conditions attached to, such assistance;
added
countries and regional organizations of Latin America and the Caribbean in which the Government of the People’s Republic of China, including its state-owned or state-directed enterprises and banks, have undertaken significant investments, infrastructure projects, and correspondent banking and lending activities at the regional, national, and subnational levels;
added
recent visits by senior officials of the Government of the People’s Republic of China, including its state-owned or state-directed enterprises and banks, to Latin America and the Caribbean, and visits by senior officials from Latin America and the Caribbean to the People’s Republic of China;
added
the existence of any defense exchanges, military or police education or training, and exercises between any military or police organization of the Government of the People’s Republic of China and military, police, or security-oriented organizations of countries of Latin America and the Caribbean;
added
countries and regional organizations of Latin America and the Caribbean that maintain diplomatic relations with Taiwan;
added
any steps that the Government of the People’s Republic of China has taken to encourage countries and regional organizations of Latin America and the Caribbean to switch diplomatic relations to the People’s Republic of China instead of Taiwan; and
added
any other matters the Secretary of Defense and the Secretary of State determine is appropriate.
added
A detailed description of—
added
the relationship between the Government of the People’s Republic of China and the Government of Venezuela and the Government of Cuba;
added
Government of the People’s Republic of China military installations, assets, and activities in Latin America and the Caribbean that currently exist or are planned for the future;
added
sales or transfers of defense articles and services by the Government of the People’s Republic of China to countries of Latin America and the Caribbean;
added
a comparison of sales and transfers of defense articles and services to countries of Latin America and the Caribbean by the Government of the People’s Republic of China, the Russian Federation, and the United States;
added
any other form of military, paramilitary, or security cooperation between the Government of the People’s Republic of China and the governments of countries of Latin America and the Caribbean;
added
the nature, extent, and purpose of the Government of the People’s Republic of China’s intelligence activities in Latin America and the Caribbean;
added
the Government of the People’s Republic of China’s role in transnational crime in Latin America and the Caribbean, including trafficking and money laundering and including any links to the People’s Liberation Army;
added
efforts by the Government of the People’s Republic of China to expand the reach and influence of its financial system within Latin America and the Caribbean, through banking activities and payments systems and through goods and services related to the use of the digital yuan; and
added
efforts by the Government of the People’s Republic of China to build its media presence in Latin America and the Caribbean, and any government-directed disinformation or information warfare campaigns in the region, including for military purposes or with ties to the People’s Liberation Army.
added
An assessment of—
added
the specific objectives that the Government of the People’s Republic of China seeks to achieve by expanding its presence and influence in Latin America and the Caribbean, including any objectives articulated in official documents or statements;
added
whether certain investments by the Government of the People’s Republic of China, including in port projects, canal projects, and telecommunications projects in Latin America and the Caribbean, could have military uses or dual use capability or could enable the Government of the People’s Republic of China to monitor or intercept United States or host nation communications;
added
the degree to which the Government of the People’s Republic of China uses its presence and influence in Latin America and the Caribbean to encourage, pressure, or coerce governments in the region to support its defense and national security goals, including policy positions taken by it at international institutions;
added
documented instances of governments of countries of Latin America and the Caribbean silencing, or attempting to silence, local critics of the Government of the People’s Republic of China, including journalists, academics, and civil society representatives, in order to placate the Government of the People’s Republic of China;
added
the rationale for the Government of the People’s Republic of China becoming an observer at the Organization of American States and a non-borrowing member of the Inter-American Development Bank and the Caribbean Development Bank;
added
the relationship between the Government of the People’s Republic of China and the Community of Latin American and Caribbean States (CELAC), a regional organization that excludes the United States, and the role of the China-CELAC Forum in coordinating such relationship; and
added
the specific actions and activities undertaken by the Government of the People’s Republic of China in Latin America and the Caribbean that present the greatest threat or challenge to the United States’ defense and national security interests in the region.
added
Form— The report required under subsection (a) shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex.
added
Definitions— In this Act:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and
added
the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate.
added
Latin America and the Caribbean— The terms “Latin America and the Caribbean” and “countries of Latin America and the Caribbean” mean the countries and non-United States territories of South America, Central America, the Caribbean, and Mexico.
Sec. 1247 Sense of Congress on Taiwan defense relations
addedadded It is the sense of Congress that—
added
the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations;
added
as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States;
added
the increasingly coercive and aggressive behavior of the People’s Republic of China toward Taiwan is contrary to the expectation of the peaceful resolution of the future of Taiwan;
added
as set forth in the Taiwan Relations Act, the capacity to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan should be maintained;
added
the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by—
added
supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan, including anti-ship, coastal defense, anti-armor, air defense, undersea warfare, advanced command, control, communications, computers, intelligence, surveillance, and reconnaissance, and resilient command and control capabilities;
added
ensuring timely review of and response to requests of Taiwan for defense articles and services;
added
conducting practical training and military exercises with Taiwan that enable Taiwan to maintain a sufficient self- defense capability, as described in the Taiwan Relations Act;
added
exchanges between defense officials and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act (Public Law 115–135; 132 Stat. 341), especially for the purposes of—
added
enhancing cooperation on defense planning;
added
improving the interoperability of the military forces of the United States and Taiwan; and
added
improving the reserve force of Taiwan;
added
identifying improvements in Taiwan’s ability to use asymmetric military capabilities to enhance its defensive capabilities, as described in the Taiwan Relations Act; and
added
expanding cooperation in humanitarian assistance and disaster relief; and
added
the United States should be committed to the defense of a free and open society in the face of aggressive efforts by the Government of the People’s Republic of China to curtail or influence the free exercise of rights and democratic franchise.
Sec. 1248 Sense of Congress on inviting Taiwan to the Rim of the Pacific exercise
addedadded It is the sense of Congress that the naval forces of Taiwan should be invited to participate in the Rim of the Pacific exercise conducted in 2022.
Sec. 1249 Sense of Congress on enhancing defense and security cooperation with Singapore
addedadded It is the sense of Congress as follows:
added
The United States and Singapore have built a strong, enduring, and forward-looking strategic partnership based on long-standing and mutually beneficial cooperation, including through security, defense, economic, and people-to-people ties.
added
Robust security cooperation between the United States and Singapore is crucial to promoting peace and stability in the Indo-Pacific region.
added
The status of Singapore as a “Major Security Cooperation Partner” of the United States, as recognized in the Strategic Framework Agreement between the United States and the Republic of Singapore for a Closer Partnership in Defense and Security, done at Washington, D.C. on July 12, 2005, plays an important role in the global network of strategic partnerships, especially in promoting maritime security and countering terrorism.
added
The United States values Singapore’s provision of access to its military facilities, which supports the continued security presence of the United States in Southeast Asia and across the Indo-Pacific region.
added
The United States should continue to welcome the presence of the military forces of Singapore in the United States for exercises and training, and should consider opportunities to expand such activities at additional locations in the United States as appropriate, including through cooperation mechanisms such as the memorandum of understanding agreed to by the United States and Singapore in December 2019 to establish a fighter jet training detachment in Guam.
added
The United States should continue to strengthen all aspects of the bilateral defense relationship with Singapore, which benefitted from the signing of the 2015 enhanced Defense Cooperation Agreement to expand cooperation in the military, policy, strategic and technology spheres, as well as cooperation in non-conventional security areas such as piracy and transnational terrorism, humanitarian assistance and disaster relief, cyber-security, and biosecurity.
added
As the United States and Singapore have renewed the 1990 Memorandum of Understanding Regarding the United States Use of Facilities in Singapore and mark the 55th anniversary of bilateral relations in 2021, the United States should—
added
continue to enhance defense and security cooperation with Singapore to promote peace and stability in the Indo-Pacific region based on common interests and shared values;
added
reinforce the status of Singapore as a major security cooperation partner of the United States; and
added
explore additional steps to better facilitate interoperability between the United States Armed Forces and the military forces of Singapore to promote peace and stability in the Indo-Pacific region.
Sec. 1250 Sense of Congress
addedadded It is the sense of Congress that—
added
South Korea continues to be a critical ally of the United States;
added
the presence of United States Armed Forces in South Korea serves as a strong deterrent against North Korean military aggression and as a critical support platform for national security engagements in the Indo-Pacific region;
added
the presence of approximately 28,500 members of the United States Armed Forces deployed to South Korea serves not only as a stabilizing force to the Korean peninsula but also as a reassurance to all our allies in the region; and
added
the United States should continue to—
added
maintain and strengthen its bilateral relationship with South Korea and with other regional allies such as Japan; and
added
maintain its existing robust military presence in South Korea to deter aggression against the United States and its allies and partners.
Sec. 1251 Sense of Congress with respect to Qatar
addedadded It is the sense of Congress that—
added
the United States and the country of Qatar have built a strong, enduring, and forward-looking strategic partnership based on long-standing and mutually beneficial cooperation, including through security, defense, and economic ties;
added
robust security cooperation between the United States and Qatar is crucial to promoting peace and stability in the Middle East region;
added
Qatar plays a unique role as host of the forward headquarters for the United States Central Command, and that partnership facilitates United States coalition operations countering terrorism;
added
Qatar is a major security cooperation partner of the United States, as recognized in the 2018 Strategic Dialogue and the 2019 Memorandum of Understanding to expand Al Udeid Air Base to improve and expand accommodation for United States military personnel;
added
the United States values Qatar’s provision of access to its military facilities and its management and financial assistance in expanding the Al Udeid Air Base, which supports the continued security presence of the United States in the Middle East region; and
added
the United States should continue to strengthen the relationship between the United States and Qatar, including through security and economic cooperation.
Sec. 1252 Statement of policy
added
added
In general— It shall be the policy of the United States to maintain the ability of the United States Armed Forces to deny a fait accompli by a strategic competitor against a covered defense partner.
added
Definitions— In this section:
added
Covered defense partner— The term “covered defense partner” means a partner identified in the “Department of Defense Indo-Pacific Strategy Report” issued on June 1, 2019, located within 100 miles off the coast of a strategic competitor.
added
Fait accompli— The term fait accompli means the strategy of a strategic competitor designed to allow such strategic competitor to use military force to seize control of a covered defense partner before the United States Armed Forces are able to respond effectively.
added
Strategic competitor— The term “strategic competitor” means a country labeled as a strategic competitor in the “Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge” issued by the Department of Defense pursuant to section 113 of title 10, United States Code.
Sec. 1301 Report on the state of United States military investment in Europe including the European Deterrence Initiative
addedadded Not later than February 25, 2022, the Secretary of Defense, in coordination with the Commander of United States European Command, shall submit to the congressional defense committees a report assessing the current state of United States defense investment in Europe, including the European Deterrence Initiative. The report shall include the following elements:
added
An assessment of the current progress made by the Department of Defense toward achieving the goals of the European Deterrence Initiative over its lifetime and a description of the major changes in focus, resourcing, and emphasis that have occurred over that lifetime.
added
An assessment of the current state of United States defense posture in Europe, including a comprehensive assessment of the state of military mobility and the current ability of the United States to rapidly manifest and transit forces to Europe’s eastern front in a crisis with a contested logistics environment, and the corresponding levels and timelines with respect to such ability.
added
An assessment of United States defense logistics gaps or risks such as bridging equipment and rail gauge mitigations that would be exacerbated in a contingency.
added
An assessment of the current state of United States prepositioned stocks in Europe, including the current timeline for their completion under the European Deterrence Initiative.
added
An assessment of the current state of United States munitions in Europe, including their current levels, the adequacy of those levels for United States needs in a European contingency, and a description of the Department’s plan to bring those munitions stocks to adequate levels.
added
An assessment of the current state of fuel availability and supporting infrastructure in Europe and the adequacy of those supplies for United States needs in a European contingency.
added
A description of the manner and extent to which United States military investment planning in the European theater incorporates assessments of relevant regulatory policies in the European theater relating to installation energy and the planning and design of military construction projects at these installations.
added
An assessment of the current state of United States anti-submarine warfare assets, organization, and resources in the European Command and Second Fleet areas of responsibility, including—
added
their sufficiency to counter Russian submarine threats; and
added
the sufficiency of United States sonobuoy stocks, anti-submarine warfare platforms, and undersea sensing equipment.
added
An assessment of the current state of the United States naval presence in the European Command area of responsibility and its ability to respond to challenges in the Black Sea, Mediterranean, and Arctic, including a description of any future plans regarding increased naval force structure forward stationed in Europe by 2025.
added
An assessment of the current state of United States Air Force operational planning and resourcing in the European theater, including the current state of prepositioned Air Force equipment, activities, and relevant infrastructure.
added
An assessment of the current state of United States defense information warfare capabilities in the European Command area of responsibility and any defense resources required or defense policies needed to strengthen these efforts.
added
An assessment of the current state of United States military capabilities for countering Russian aggression and hybrid warfare in the European theater, including cyber capabilities.
added
An assessment of the current state of United States military electromagnetic warfare capabilities in the European theater.
added
An assessment of the current state of United States military sea- and airlift capabilities to support contingency operations in the European theater.
added
An assessment of all purchases, investments, and expenditures made by any Armed Force under the jurisdiction of the Secretary of a military department and funded by the European Deterrence Initiative, since its inception, that have been diverted for purposes or uses other than the objectives of the European Deterrence Initiative, including a list of all purchases, investments, and expenditures that have been funded under the European Deterrence Initiative since its inception that were not ultimately employed for the purposes of the initiative and their respective dollar values.
added
An assessment of the current state of European Deterrence Initiative military construction efforts in Europe.
added
An analysis of the impact that deferred military construction efforts authorized under section 2808 of title 10, United States Code, have had on the European Deterrence Initiative, including—
added
impacts on timelines to establish a deterrence platform in Europe;
added
implications for deterrence capabilities in Europe; and
added
a description of the Department of Defense’s plan to address these impacts including its intended final disposition for the impacted military construction projects.
added
A description of the current status of the European Infrastructure Consolidation program, including a list of all divestments completed under the program after January 1, 2016, and all currently contemplated divestments under the program.
added
Any other information that the Secretary of Defense determines relevant.
Sec. 1302 Sense of Congress on United States defense posture in Europe
addedadded It is the sense of Congress as follows:
added
The United States is steadfastly committed to upholding and strengthening its defense alliances and partnerships in the European theater. The North Atlantic Treaty Organization (NATO) alliance is the bedrock of these relationships, which are central to deterring Russian aggression, upholding territorial integrity and sovereignty in Europe, countering malign efforts to undermine the rules-based international order and disrupt shared values, fostering international cooperation against collective challenges, and advancing shared national security objectives worldwide.
added
United States allies in Europe have made substantial strides on responsibility-sharing and defense investment since the Wales Declaration in 2014 and should be commended for their ongoing efforts to increase complementary investments in NATO deterrence capacity. These efforts have provided an accumulated increase of more than $130,000,000,000 in foreign investments between 2016 and 2020 to strengthen trans-Atlantic security, and it is essential that the United States continue to press NATO allies to achieve their Wales Summit pledges and continue to make progress on greater complementary defense investments.
added
The behavior of the Russian Government has not improved and has, in many aspects, become increasingly belligerent since the invasion of Ukraine in 2014, with respect to—
added
military efforts to disrupt the territorial integrity of sovereign countries in Europe;
added
threats against the United States, NATO, and other United States partners;
added
intervention in allied democratic processes;
added
efforts to disrupt United States alliances, partnerships, and values;
added
acts such as assassination and the use of chemical weapons on the territory of other sovereign countries; and
added
other high-risk, disruptive efforts.
added
Continued commitment to enhancing the United States and allied force posture in Europe is indispensable for efforts to establish and sustain a credible deterrent against Russian aggression and long-term strategic competition by the Russian government. The Secretary of Defense must continue to—
added
support the European Deterrence Initiative and other investments in a strengthened United States and allied force posture in Europe;
added
support rotational deployments and robust exercises in the European theater;
added
complete efforts to establish prepositioned stocks and effective staging infrastructure to maintain credible deterrence against Russian threats;
added
invest effectively in multi-service, cyber, information, and air defense efforts to counter modern military challenges, enhance the survivability and flexibility of the United States force posture, logistics, and planning; and
added
consider whether additional forward-positioned forces in Europe would reduce cost and strain, enhance credibility, and strengthen capabilities.
Sec. 1303 Sense of Congress on security assistance to the Baltic countries
added
added
Findings— Congress finds the following:
added
The United States has cumulatively allocated over $498,965,000 in Department of Defense partner capacity funding for the Baltic countries since fiscal year 2018, including over $219,000,000 for the Baltic security efforts known as the “Baltic Security Initiative”, executed using sections 332 and 333 of title 10, United States Code, including assistance with respect to air defense, maritime situational awareness, ammunition, C4ISR, anti-tank capability, special forces, and other defense capabilities.
added
The Secretary of Defense has completed the comprehensive Baltic Defense Assessment required by section 1246 of the National Defense Authorization Act for Fiscal Year 2020 and has recommended continued robust, comprehensive investment Baltic security efforts in accordance with that assessment, with assistance executed using such sections 332 and 333.
added
The Secretary of Defense has assessed that the authority granted by such sections 332 and 333 affords the most efficient and effective authority to provide this assistance to the Baltic countries, and that attempting to provide the assistance pursuant to alternate authorities would hamper the Department’s ability to deliver assistance and implement the investment program established by the Baltic Defense Assessment.
added
Sense of Congress— Congress strongly supports the robust assistance to accomplish United States strategic objectives in accordance with sections 332 and 333 of title 10, United States Code, including by providing assistance to the Baltic countries using those sections, funded by the Baltic Security Initiative. It is the sense of Congress that the security of the Baltic region is crucial to the security of the NATO alliance and these efforts are critical to ensure continued deterrence against Russian aggression and bolster allied security.
Sec. 1311 Extension of authority for certain payments to redress injury and loss
addedadded Section 1213(a) of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 2731 note) is amended by striking “December 31, 2022” and inserting “December 31, 2023”.
Sec. 1312 Foreign Area Officer assessment and review
added
added
Findings— Congress finds the following:
added
Foreign Area Officers of the Army and their equivalent positions in the other Armed Forces (in this section referred to as “FAOs”) are trained to manage, grow, and enhance security cooperation relationships between the United States and foreign partners and to build the overall military capacity and capabilities of foreign partners.
added
At present, some senior defense official positions in United States embassies are filled by officers lacking the necessary skills, training, and experience to strengthen the relationships between the United States and its critical partners and allies.
added
FAOs are trained to fill those positions, and deficiencies in the equitable use, assessment, promotion, diversity and inclusion of such officers, as well as limitations on career opportunities, undermine the ability of the Department of Defense to strengthen partnerships and alliances of the United States.
added
A federally funded research and development center can provide a roadmap to correcting these deficiencies, strengthening the FAO branch, and placing qualified FAOs in positions of positive influence over United States partnerships and alliances.
added
Assessment and review required—
added
In general— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with a federally funded research and development center to conduct an independent assessment and comprehensive review of the process by which Foreign Area Officers and their equivalent positions in the other Armed Forces (in this section referred to as “FAOs”) are recruited, selected, trained, assigned, organized, promoted, retained, and used in security cooperation offices, senior defense roles in U.S. embassies, and in other critical roles of engagement with allies and partners.
added
Elements— The assessment and review conducted under paragraph (1) shall include the following:
added
Identification and assessment of the number and location of senior defense official billets, including their grade structure and availability to FAOs.
added
A review of the cultural, racial, and ethnic diversity of FAOs.
added
An assessment of the assignment process for FAOs.
added
A review and assessment of the promotion criteria, process, and possible pathways for career advancement for FAOs.
added
A review of the organization and categorization of FAOs by geographic region.
added
An assessment of the training program for FAOs and its effectiveness.
added
An assessment of the available career paths for FAOs.
added
An assessment of the criteria used to determine staffing requirements for senior defense official positions and security cooperation roles for uniformed officers.
added
A review of the staffing of senior defense official and security cooperation roles and assessment to determine whether requirements are being met through the staffing process.
added
An assessment of how the broader utilization of FAOs in key security cooperation and embassy defense leadership billets would improve the quality and professionalism of the security cooperation workforce under section 384 of title 10, United States Code.
added
A review of how many FAO opportunities are joint-qualifying and an assessment of whether increasing the number of joint-qualified opportunities for FAOs would increase recruitment, retention, and promotion.
added
Any other matters the Secretary determines relevant.
added
Results— The federally funded research and development center conducting the assessment and review described in subsection (b) shall submit to the Secretary the results of such assessment and review, which shall include the following:
added
A summary of the research and activities undertaken to carry out the assessment required by subsection (b).
added
Considerations and recommendations, including legislative recommendations, to achieve the following:
added
Improving the assessment, promotion, assignment selection, retention, and diversity of FAOs.
added
Assigning additional FAOs to positions as senior defense officials.
added
Submission to Congress—
added
In general— Not later than December 31, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives—
added
an unaltered copy of the results submitted pursuant to subsection (c); and
added
the written responses of the Secretary and the Chairman of the Joint Chiefs of Staff to such results.
added
Form— The submission under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1313 Women, peace, and security act implementation at military service academies
added
added
Sense of Congress— It is the sense of Congress that $15,000,000 should annually be made available for activities that are—
added
consistent with the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202) and this section; and
added
in furtherance of the national security priorities of the United States.
added
Professional military education— The Secretary of Defense shall carry out activities consistent with the Women, Peace, and Security Act of 2017 and with this section, including by ensuring that professional military education curriculum addresses—
added
gender analysis;
added
the meaningful participation of women in national security activities; and
added
the relationship between such participation and security outcomes.
added
Building United States capacity—
added
Military service academies— The Secretary of Defense shall encourage the admission of diverse individuals (including individuals who are women) to each military service academy, including by—
added
establishing programs that hold commanding officers accountable for removing biases with respect to such individuals;
added
ensuring that each military service academy fosters a zero tolerance environment for harassment towards such individuals; and
added
ensuring that each military service academy fosters equal opportunities for growth that enable the full participation of such individuals in all training programs, career tracks, and elements of the Department, especially in elements of the Armed Forces previously closed to women, such as infantry and special operations forces.
added
Partnerships with schools and nonprofit organizations— The Secretary of Defense shall seek to enter into partnerships with elementary schools, secondary schools, postsecondary educational institutions, and nonprofit organizations, to support activities relating to the implementation of the Women, Peace, and Security Act of 2017.
added
Briefing— Not later than one year after the date of the enactment of this Act, the Director of the Defense Security Cooperation Agency shall provide to the appropriate committees of Congress a briefing on efforts made at all levels to build partner defense institution and security force capacity pursuant to this section.
added
Definitions— In this subsection:
added
The term “appropriate committees of Congress” includes—
added
the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Transportation and Infrastructure of the House of Representatives; and
added
the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate.
added
The terms “elementary school” and “secondary school” have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
added
The term “military service academy” means the following:
added
The United States Military Academy.
added
The United States Naval Academy.
added
The United States Air Force Academy.
added
The United States Coast Guard Academy.
added
The term “postsecondary educational institution” has the meaning given that term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
Sec. 1321 Extension of authority for Department of Defense support for stabilization activities in national security interest of the United States
addedadded Section 1210A(h) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1626) is amended by striking “December 31, 2021” and inserting “December 31, 2022”.
Sec. 1322 Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of Operation Allies Refuge
addedadded Not later than 30 days after the date on which more than $100,000,000 of the amounts authorized to be appropriated by the Act for overseas humanitarian, disaster, and civic aid are obligated for expenses in support of Operation Allies Refuge, and every 90 days thereafter until all such funds are obligated for Operation Allies Refuge, the Secretary of Defense shall submit to the congressional defense committees a notification that includes—
added
the costs associated with the provision of transportation, housing, medical services, and other sustainment expenses for Afghan special immigrant visa applicants and other Afghans at risk; and
added
whether funds were obligated under a reimbursable or non-reimbursable basis.
Sec. 1323 Limitation on use of funds for the 2022 Olympic and Paralympic Winter games in China
added
added
Limitation— None of the funds authorized to be appropriated or otherwise made available by this Act may be made available to provide transportation for any United States officer or official to attend, on official government business, the 2022 Olympic and Paralympic Winter Games in the People’s Republic of China.
added
Rule of construction— Nothing in this section may be construed to limit the authorization of appropriations to provide security during the 2022 Olympic and Paralympic Winter Games to any United States athlete or associated support staff of the United States Olympic and Paralympic Committee.
Sec. 1324 Report on hostilities involving United States Armed Forces
added
added
In general— The President shall report to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives not later than 48 hours after any incident in which the United States Armed Forces are involved in an attack or hostilities, whether in an offensive or defensive capacity, unless the President—
added
otherwise reports the incident within 48 hours pursuant to section 4 of the War Powers Resolution (50 U.S.C. 1543); or
added
has determined prior to the incident, and so reported pursuant to section 1264 of the National Defense Authorization Act for Fiscal Year 2018 (50 U.S.C. 1549), that the United States Armed Forces involved in the incident would be operating under specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)).
added
Matters to be included— Each report required by subsection (a) shall include—
added
the statutory and operational authorities under which the United States Armed Forces were operating, including any relevant executive orders and an identification of the operational activities authorized under such executive orders;
added
the date, location, duration, and other parties involved;
added
a description of the United States Armed Forces involved and the mission of such Armed Forces;
added
the numbers of any combatant casualties and civilian casualties; and
added
any other information the President determines appropriate.
added
Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1401 Working capital funds
changed
Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds funds, as specified in the amount of $1,902,000,000.funding table in section 4501.
Sec. 1402 Chemical Agents and Munitions Destruction, Defense
changed
Authorization of appropriations— Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the amount of $1,094,352,000 of which—funding table in section 4501.
removed
$93,121,000 is for Operation and Maintenance; and
removed
$1,001,231,000 is for Research, Development, Test, and Evaluation.
Use— Amounts authorized to be appropriated under subsection (a) are authorized for—
the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
Sec. 1403 Drug Interdiction and Counter-Drug Activities, Defense-Wide
changed
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense, Defense-wide, as specified in the amount of $821,908,000.funding table in section 4501.
Sec. 1404 Defense Inspector General
changed
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the amount of $438,363,000 of which—funding table in section 4501.
removed
$435,918,000 is for Operation and Maintenance;
removed
$2,365,000 is for Research, Development, Test, and Evaluation; and
removed
$80,000 is for Procurement.
Sec. 1405 Defense Health Program
changed
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for the Defense Health Program, in Program for use of the amount Armed Forces and other activities and agencies of $35,592,408,000 the Department of which—Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501.
removed
$34,182,719,000 is for Operation and Maintenance;
removed
$630,681,000 is for Research, Development, Test, and Evaluation; and
removed
$779,008,000 is for Procurement.
Sec. 1411 Acquisition of strategic and critical materials from the national technology and industrial base
addedadded The Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) is amended—
added
in section 6(b)(2), by inserting “to consult with producers and processors of such materials” before “to avoid”;
added
in section 12, by adding at the end the following new paragraph:
added “(3) The term “national technology and industrial base” has the meaning given in section 2500 of title 10, United States Code.”
added
in section 15(a)—
added
in paragraph (3), by striking “and” at the end;
added
in paragraph (4), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new paragraph:
added “(5) if domestic sources are unavailable to meet the requirements defined in paragraphs (1) through (4), by making efforts to prioritize the purchase of strategic and critical materials from the national technology and industrial base.”
Sec. 1412 Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois
added
added
Authority for transfer of funds— Of the funds authorized to be appropriated for section 1405 and available for the Defense Health Program for operation and maintenance, $137,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
added
Use of transferred funds— For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).
Sec. 1413 Authorization of appropriations for Armed Forces Retirement Home
addedadded There is hereby authorized to be appropriated for fiscal year 2022 from the Armed Forces Retirement Home Trust Fund the sum of $75,300,000 for the operation of the Armed Forces Retirement Home.
Sec. 1501 Cyber threat information collaboration environment
added
added
In general— In consultation with the Cyber Threat Data Standards and Interoperability Council established pursuant to subsection (d), the Secretary of Homeland Security, in coordination with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), shall develop an information collaboration environment and associated analytic tools that enable entities to identify, mitigate, and prevent malicious cyber activity to—
added
provide limited access to appropriate and operationally relevant data from unclassified and classified intelligence about cybersecurity risks and cybersecurity threats, as well as malware forensics and data from network sensor programs, on a platform that enables query and analysis;
added
enable cross-correlation of data on cybersecurity risks and cybersecurity threats at the speed and scale necessary for rapid detection and identification;
added
facilitate a comprehensive understanding of cybersecurity risks and cybersecurity threats; and
added
facilitate collaborative analysis between the Federal Government and private sector critical infrastructure entities and information and analysis organizations.
added
Implementation of information collaboration environment—
added
Evaluation— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in coordination with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), shall—
added
identify, inventory, and evaluate existing Federal sources of classified and unclassified information on cybersecurity threats;
added
evaluate current programs, applications, or platforms intended to detect, identify, analyze, and monitor cybersecurity risks and cybersecurity threats; and
added
coordinate with private sector critical infrastructure entities and, as determined appropriate by the Secretary of Homeland Security, in consultation with the Secretary of Defense, other private sector entities, to identify private sector cyber threat capabilities, needs, and gaps.
added
Implementation— Not later than one year after the evaluation required under paragraph (1), the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), shall begin implementation of the information collaboration environment developed pursuant to subsection (a) to enable participants in such environment to develop and run analytic tools referred to in such subsection on specified data sets for the purpose of identifying, mitigating, and preventing malicious cyber activity that is a threat to government and critical infrastructure. Such environment and use of such tools shall—
added
operate in a manner consistent with relevant privacy, civil rights, and civil liberties policies and protections, including such policies and protections established pursuant to section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);
added
account for appropriate data standards and interoperability requirements, consistent with the standards set forth in subsection (d);
added
enable integration of current applications, platforms, data, and information, including classified information, in a manner that supports integration of unclassified and classified information on cybersecurity risks and cybersecurity threats;
added
incorporate tools to manage access to classified and unclassified data, as appropriate;
added
ensure accessibility by entities the Secretary of Homeland Security, in consultation with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), determines appropriate;
added
allow for access by critical infrastructure stakeholders and other private sector partners, at the discretion of the Secretary of Homeland Security, in consultation with the Secretary of Defense;
added
deploy analytic tools across classification levels to leverage all relevant data sets, as appropriate;
added
identify tools and analytical software that can be applied and shared to manipulate, transform, and display data and other identified needs; and
added
anticipate the integration of new technologies and data streams, including data from government-sponsored network sensors or network-monitoring programs deployed in support of State, local, Tribal, and territorial governments or private sector entities.
added
Post-deployment assessment— Not later than two years after the implementation of the information collaboration environment under subsection (b), the Secretary of Homeland Security, the Secretary of Defense, and the Director of National Intelligence (acting through the Director of the National Security Agency) shall jointly submit to Congress an assessment of whether to include additional entities, including critical infrastructure information sharing and analysis organizations, in such environment.
added
Cyber Threat Data Standards and Interoperability Council—
added
Establishment— There is established an interagency council, to be known as the “Cyber Threat Data Standards and Interoperability Council” (in this subsection referred to as the “council”), chaired by the Secretary of Homeland Security, to establish data standards and requirements for public and private sector entities to participate in the information collaboration environment developed pursuant to subsection (a).
added
Other membership—
added
Principal members— In addition to the Secretary of Homeland Security, the council shall be composed of the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, the Secretary of Defense, and the Director of National Intelligence (acting through the Director of the National Security Agency).
added
Additional members— The President shall identify and appoint council members from public and private sector entities who oversee programs that generate, collect, or disseminate data or information related to the detection, identification, analysis, and monitoring of cybersecuity risks and cybersecurity threats, based on recommendations submitted by the Secretary of Homeland Security, the Secretary of Defense, and the Director of National Intelligence (acting through the Director of the National Security Agency).
added
Data streams— The council shall identify, designate, and periodically update programs that shall participate in or be interoperable with the information collaboration environment developed pursuant to subsection (a), which may include the following:
added
Network-monitoring and intrusion detection programs.
added
Cyber threat indicator sharing programs.
added
Certain government-sponsored network sensors or network-monitoring programs.
added
Incident response and cybersecurity technical assistance programs.
added
Malware forensics and reverse-engineering programs.
added
Data governance— The council shall establish a committee comprised of the privacy officers of the Department of Homeland Security, the Department of Defense, and the National Security Agency. Such committee shall establish procedures and data governance structures, as necessary, to protect sensitive data, comply with Federal regulations and statutes, and respect existing consent agreements with private sector critical infrastructure entities that apply to critical infrastructure information.
added
Recommendations— The council shall, as appropriate, submit recommendations to the President to support the operation, adaptation, and security of the information collaboration environment developed pursuant to subsection (a).
added
Definitions— In this section:
added
Critical infrastructure— The term “critical infrastructure” has the meaning given such term in section 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e)).
added
Critical infrastructure information— The term “critical infrastructure information” has the meaning given such term in section 2222 of the Homeland Security Act of 2002 (6 U.S.C. 671).
added
Cyber threat indicator— The term “cyber threat indicator” has the meaning given such term in section 102(6) of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C. 1501(6))).
added
Cybersecurity risk— The term “cybersecurity risk” has the meaning given such term in section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659).
added
Cybersecurity threat— The term “cybersecurity threat” has the meaning given such term in section 102(5) of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C. 1501(5))).
added
Information sharing and analysis organization— The term “information sharing and analysis organization” has the meaning given such term in section 2222 of the Homeland Security Act of 2002 (6 U.S.C. 671).
Sec. 1502 Enterprise-wide procurement of commercial cyber threat information products
added
added
Program— No later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Commander of Joint Force Headquarters-Department of Defense information products Network, shall establish a program management office for the enterprise-wide procurement of commercial cyber threat information products. The program manager of such program shall be responsible for the following:
added
Surveying components of the Department for the commercial cyber threat information product needs of such components.
added
Conducting market research of commercial cyber threat information products.
added
Developing requirements, both independently and through consultation with components, for the acquisition of commercial cyber threat information products.
added
Developing and instituting model contract language for the acquisition of commercial cyber threat information products, including contract language that facilitates Department of Defense components’ requirements for ingesting, sharing, using and reusing, structuring, and analyzing data derived from such products.
added
Conducting procurement of commercial cyber threat information products on behalf of the Department of Defense, including negotiating contracts with a fixed number of licenses based on aggregate component demand and negotiation of extensible contracts.
added
Coordination— In implementing this section, each component of the Department of Defense shall coordinate the commercial cyber threat information product requirements and potential procurement plans relating to such products of each such component with the program management office established pursuant to subsection (a) so as to enable the program management office to determine if satisfying such requirements or such procurement of such products on an enterprise-wide basis would serve the best interests of the Department.
added
Prohibition— Beginning not later than 540 days after the date of the enactment of this Act, no component of the Department of Defense may independently procure a commercial cyber threat information product that has been procured by the program management office established pursuant to subsection (a), unless—
added
such component is able to procure such product at a lower per-unit price than that available through the program management office; or
added
the program management office has approved such independent purchase.
added
Exception— The requirements of subsections (b) and (c) shall not apply to the National Security Agency.
added
Definition— In this section, the term “commercial cyber threat information products” refers to commercially-available data and indicators that facilitate discovery and understanding of the targets, infrastructure, tools, and tactics, techniques, and procedures of cyber threats.
Sec. 1511 Legacy information technologies and systems accountability
added
added
In general— Not later than 270 days after the date of the enactment of this Act, the Secretaries of the Army, Navy, and Air Force shall each initiate efforts to identify legacy applications, software, and information technology within their respective Departments.
added
Specifications— To carry out subsection (a), that Secretaries of the Army, Navy, and Air Force shall each document the following:
added
An identification of the applications, software, and information technologies that are considered active or operational, but which are judged to no longer be required by the respective Department.
added
Information relating to the sources of funding for the applications, software, and information technologies identified under paragraph (1).
added
An identification of the senior official responsible for each application, software, and information technology identified under paragraph (1).
added
A plan to discontinue use and funding for each item application, software, and information technology identified under paragraph (1).
added
Exemption— Any effort substantially similar to that described in subsection (a) that is being carried out by the Secretary of the Army, Navy, or Air Force as of the date of the enactment of this Act and completed not later 180 days after such date shall be treated as satisfying the requirement under such subsection.
added
Report— Not later than 270 days after the date of the enactment of this Act, the Secretaries of the Army, Navy, and Air Force shall each submit to the congressional defense committees the documentation required under subsection (b).
Sec. 1512 Update relating to responsibilities of Chief Information Officer
addedadded Paragraph (1) of section 142(b) of title 10, United States Code, is amended—
added
in subparagraphs (A), (B), and (C), by striking “(other than with respect to business management)” each place it appears; and
added
by amending subparagraph (D) to read as follows:
added “(D) exercises authority, direction, and control over the Cybersecurity Directorate, or any successor organization, of the National Security Agency;”
Sec. 1513 Protective Domain Name System within the Department of Defense
added
added
In general— Not later than 120 days after the date of the enactment of this Act, the Secretary shall ensure each component of the Department of Defense uses a Protective Domain Name System (PDNS) instantiation offered by the Department.
added
Exemptions— The Secretary of Defense may exempt a component of the Department from using a PDNS instantiation for any reason except for cost or technical application.
added
Report to Congress— Not later than 150 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes information relating to—
added
each component of the Department that uses a PDNS instantiation offered by the Department;
added
each component exempt from using a PDNS instantiation pursuant to subsection (b); and
added
efforts to ensure that the PDNS instantiation offered by the Department connect and share relevant and timely data.
Sec. 1521 Notification requirements regarding cyber weapons
added
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 a report on the Department of Defense’s compliance responsibilities regarding cyber capabilities. Such report shall also include the Department’s definition of “cyber capability” that includes all software, hardware, middleware, code, and other information technology developed using amounts from the Cyberspace Activities Budget of the Department of Defense that may used in operations authorized under title 10, United States Code.
added
Limitation— Of amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for operations and maintenance, Defense-Wide, for the Office of the Secretary of Defense for travel, not more than 75 percent of such amounts may be obligated or expended until the Secretary of Defense has submitted to the congressional defense committees the report required under subsection (a).
Sec. 1522 Cybersecurity of weapon systems
addedadded Section 1640 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2224 note), is amended—
added
in subsection (c)(1), by adding at the end the following new subparagraphs:
added “(E) Nuclear Command, Control, and Communications (NC3).
added “(F) Senior Leadership Enterprise.”
added
by adding at the end the following new subsection:
added “(f) Biannual reports—Not later than June 30, 2022, and every six months thereafter through 2023, the Secretary of Defense shall provide to the congressional defense committees a report on the work of the Program, including information relating to staffing and accomplishments of during the immediately preceding six-month period.”
Sec. 1531 Feasibility study regarding establishment within the Department of Defense a designated central program office, headed by a senior Department official, responsible for overseeing all academic engagement programs focusing on creating cyber talent across the Department
added
added
In general— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a feasibility study regarding the establishment within the Department of Defense of a designated central program office, headed by a senior Department official, responsible for overseeing all academic engagement programs focusing on creating cyber talent across the Department. Such study shall examine the following:
added
The manner in or through which such a designated central program office would obligate and expend amounts relating to cyber education initiatives.
added
The manner in or through which such a designated central program office would interact with the consortium or consortia of universities (established pursuant to section 1659 of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 391 note)) to assist the Secretary on cybersecurity matters.
added
The reasons why cyber has unique programs apart from other science, technology, engineering, and math programs.
added
Whether the creation of the designated central program office will have an estimated net savings for the Department.
added
Consultation— In conducting the feasibility study required under subsection (a), the Secretary of Defense shall consult with and solicit recommendations from academic institutions and stakeholders. including primary, secondary, and post-secondary educational institutions.
added
Determination—
added
In general— Upon completion of the feasibility study required under subsection (a), the Secretary of Defense shall make a determination regarding the establishment within the Department of Defense of a designated central program office responsible for each covered academic engagement program across the Department.
added
Implementation— If the Secretary of Defense makes a determination under paragraph (1) in the affirmative, the Secretary shall establish within the Department of Defense a designated central program office responsible for each covered academic enrichment program across the Department. Not later than 180 days after such a determination in the affirmative, the Secretary shall promulgate such rules and regulations as are necessary to so establish such an office.
added
Negative determination— If the Secretary determines not to establish a designated central program office under subsection (a), the Secretary shall submit to Congress notice of such determination together with a justification for the determination.
added
Comprehensive report— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive report that updates the matters required for inclusion in the reports required pursuant to section 1649 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) and section 1726(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
added
Definition— In this section, the term “covered academic engagement program” means each of the following:
added
Any primary, secondary, or post-secondary education program.
added
Any recruitment or retention program.
added
Any scholarship program.
added
Any academic partnerships.
added
Any general enrichment program.
Sec. 1532 Prohibition on Chief Information Officer of the Department of Defense serving as Principal Cyber Advisor of the Department
addedadded Section 932(c)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note) is amended by inserting after “civilian officials of the Department of Defense” the following: “(other than the Chief Information Officer of the Department)”.
Sec. 1601 Improvements to tactically responsive space launch program
added
added
Sense of Congress— It is the sense of Congress that—
added
the Space Force, in collaboration with the United States Space Command, the military departments, relevant Defense Agencies and, where practicable, the National Reconnaissance Office, should continue to build on the successful Space Safari tactically responsive launch-2 mission of the Space Force, which was a pathfinder to inform concepts of operation regarding tactically responsive launches; and
added
future efforts regarding tactically responsive launches should not be limited to only launch capabilities, but should also include all aspects that are needed for rapid reconstitution and responsiveness to urgent requirements with respect to satellite buses, payloads, operations, and ground infrastructure.
added
Program— Section 1609 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
added
by striking “The Secretary” and inserting “(a) Program.—The Secretary”; and
added
by adding at the end the following new subsection:
added “(b) Support
added “(1) Elements—The Secretary of Defense, in consultation with the Director of National Intelligence, shall support the tactically responsive launch program under subsection (a) during the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code, in 2022 to ensure that the program addresses the following:
added “(A) The ability to rapidly place on-orbit systems to respond to urgent needs of the commanders of the combatant commands or to reconstitute space assets and capabilities to support national security priorities if such assets and capabilities are degraded, attacked, or otherwise impaired, including such assets and capabilities relating to protected communications and intelligence, surveillance, and reconnaissance.
added “(B) The entire launch process, including with respect to launch services, satellite bus and payload availability, and operations and sustainment on-orbit.
added “(2) Plan—As a part of the defense budget materials (as defined in section 239 of title 10, United States Code) for fiscal year 2023, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to Congress a plan for the tactically responsive launch program to address the elements under paragraph (1). Such plan shall include the following:
added “(A) Lessons learned from the Space Safari tactically responsive launch-2 mission of the Space Force, and how to incorporate such lessons into future efforts regarding tactically responsive launches.
added “(B) How to achieve responsive acquisition timelines within the adaptive acquisition framework for space acquisition pursuant to section 807.
added “(C) Plans to address supply chain issues and leverage commercial capabilities to support future reconstitution and urgent space requirements leveraging the tactically responsive launch program under subsection (a).”
Sec. 1602 National security space launch program
added
added
Sense of Congress— It is the sense of Congress that—
added
the Department of Defense and the National Reconnaissance Office should, to the extent practicable, use launch services under a phase two contract of the National Security Space Launch program; and
added
for missions that fall outside of the requirements of phase two of the National Security Space Launch program, the Department of Defense and the National Reconnaissance Office should continue to leverage the growing launch provider base of the United States, including those companies that provide smaller and ride-share launch capabilities, to incentivize sustained investment in domestic launch capabilities.
added
Policy— With respect to entering into contracts for launch services during the period beginning on the date of the enactment of this Act and ending September 30, 2024, it shall be the policy of the Department of Defense and the National Reconnaissance Office to—
added
use the National Security Space Launch program to the extent practicable to procure launch services that are met under the requirements of phase two; and
added
maximize continuous competition for launch services as the Space Force initiates planning for phase three, specifically for those technology areas that are unique to existing and emerging national security requirements.
added
Notification— If the Secretary of Defense or the Director of the National Reconnaissance Office determines that a program requiring launch services that could be met using phase two contracts will instead use an alternative launch procurement approach, not later than seven days after the date of such determination, the Secretary of Defense or, as appropriate, the Director of National Intelligence, shall submit to the appropriate congressional committees—
added
a notification of such determination;
added
a certification that the alternative launch procurement approach is in the national security interest of the United States; and
added
an outline of the cost analysis and any other rationale for such determination.
added
Report—
added
Requirement— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chief of Space Operations and the Director of the Space Development Agency, and in consultation with the Director of National Intelligence (including with respect to the views of the Director of the National Reconnaissance Office), shall submit to the appropriate congressional committees a report on the plans of the Secretary to address, with respect to launches that would be procured in addition to or outside of launches under phase two, the emerging launch requirements in the areas of space access, mobility, and logistics that cannot be met by phase two capabilities, as of the date of the report.
added
Elements— The report under paragraph (1) shall include the following:
added
An examination of the benefits of competing up to two launches per year outside of phase two to accelerate the rapid development and on-orbit deployment of enabling and transformational technologies required to address emerging requirements, including with respect to—
added
delivery of in-space transportation, logistics and on-orbit servicing capabilities to enhance the persistence, sensitivity, and resiliency of national security space missions in a contested space environment;
added
proliferated low-Earth orbit constellation deployment;
added
routine access to extended orbits beyond geostationary orbits, including cislunar orbits;
added
greater cislunar awareness capabilities;
added
payload fairings that exceed current launch requirements;
added
increased responsiveness for heavy lift capability;
added
the ability to transfer orbits, including point-to-point orbital transfers;
added
capacity and capability to execute secondary deployments;
added
high-performance upper stages;
added
vertical integration; and
added
other new missions that are outside the parameters of the nine design reference missions that exist as of the date of the enactment of this Act;
added
A description of how competing space access, mobility, and logistics launches could aid in establishing a new acquisition framework to—
added
promote the potential for additional open and sustainable competition for phase three; and
added
re-examine the balance of mission assurance versus risk tolerance to reflect new resilient spacecraft architectures and reduce workload on the Federal Government and industry to perform mission assurance where appropriate.
added
An analysis of how the matters under subparagraphs (A) and (B) may help continue to reduce the cost per launch of national security payloads.
added
An examination of the effects to the National Security Space Launch program if contracted launch providers cannot meet all phase two requirements, including with respect to—
added
the effects to national security launch resiliency; and
added
the cost effects of a launch market that lacks full competition.
added
Form— The report under paragraph (1) shall be submitted in unclassified form, but may include a classified appendix.
added
Briefing— Not later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the report under paragraph (1).
added
Definitions— In this section:
added
The term appropriate congressional committees means—
added
the congressional defense committees; and
added
the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
added
The term phase three means, with respect to the National Security Space Launch program, launch missions ordered under the program after fiscal year 2024.
added
The term phase two means, with respect to the National Security Space Launch program, launch missions ordered under the program during fiscal years 2020 through 2024.
Sec. 1603 Classification review of programs of the Space Force
added
added
Classification review— The Chief of Space Operations shall—
added
not later than 120 days after the date of the enactment of this Act, conduct a review of each classified program managed under the authority of the Space Force to determine whether—
added
the level of classification of the program could be changed to a lower level; or
added
the program could be declassified; and
added
not later than 90 days after the date on which the Chief completes such review, commence the change to the classification level or the declassification as determined in such review.
added
Coordination— The Chief of Space Operations shall carry out the review under subsection (a)(1) in coordination with the Assistant Secretary of Defense for Space Policy and, as the Chief determines appropriate, the heads of other elements of the Department of Defense.
added
Report— Not later than 60 days after the date on which the Chief of Space Operations completes the review under subsection (a)(1), the Chief, in coordination with the Assistant Secretary of Defense for Space Policy, shall submit to the congressional defense committees a report identifying each program managed under the authority of the Space Force covered by a determination regarding changing the classification level of the program or declassifying the program, including—
added
the timeline for implementing such change or declassification; and
added
any risks that exist in implementing such change or declassification.
Sec. 1604 Report on Range of the Future initiative of the Space Force
added
added
Findings— Congress finds that in a report submitted to Congress by the Chief of Space Operations, the Chief highlighted a need for changes to current law to improve installation infrastructure at the launch ranges of the Space Force, and stated that “If we fail to do this effectively our installations will become a limiting factor to launch capability.”.
added
Report— Not later than 90 days after the date of the enactment of this Act, the Chief of Space Operations shall submit to the congressional defense committees a report containing the following:
added
A detailed plan to carry out the Space Force “Range of the Future” initiative, including the estimated funding required to implement the plan.
added
Identification of any specific authorities the Chief determines need to be modified by law to improve the ability of the Space Force to address long-term challenges to the physical infrastructure at the launch ranges of the Space Force, and an explanation for why such modified authorities are needed.
added
Any additional proposals that would support improved infrastructure at the launch ranges of the Space Force, including recommendations for legislative action to carry out such proposals.
Sec. 1605 Norms of behavior for international rules-based order in space
added
added
Prioritized objectives— Not later than 90 days after the date of the enactment of this Act, the covered officials shall each submit to the National Space Council a list of prioritized objectives with respect to establishing norms of behavior to be addressed through bilateral and multilateral negotiations relating to an international rules-based order in space, including with respect to events that create space debris, rendezvous and proximity operations, and other appropriate matters.
added
Consolidated list and framework— Not later than 45 days after the date on which the National Space Council has received the list of prioritized objectives from each covered official under subsection (a), the Council shall consolidate such prioritized objectives in a single list. The Secretary of State, in collaboration with other heads of relevant departments and agencies of the Federal Government, shall use such consolidated list as a guide to establish a framework for bilateral and multilateral negotiations described in such subsection.
added
Submission to Congress— Not later than seven days after the date on which the National Space Council consolidates the list of prioritized objectives under subsection (b) in a single list, the Council shall submit to the appropriate congressional committees such consolidated list, disaggregated by the covered official who submitted each such prioritized objective.
added
Definitions— In this section:
added
The term appropriate congressional committees means—
added
the congressional defense committees;
added
the Committee on Foreign Affairs, the Committee on Science, Space, and Technology, and the Permanent Select Committee on Intelligence of the House of Representatives; and
added
the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate.
added
The term covered official means each of the following:
added
The Under Secretary of Defense for Policy, in consultation with the Chief of Space Operations, the Commander of the United States Space Command, and the Director of the National Geospatial-Intelligence Agency.
added
The Assistant Secretary of State for Arms Control, Verification, and Compliance.
added
The Administrator of the National Aeronautics and Space Administration.
added
The Director of the National Reconnaissance Office.
Sec. 1606 Programs of record of Space Force and commercial capabilities
addedadded Section 957(c) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 9016 note) is amended by adding at the end the following new paragraph:
added “(5) Programs of record and commercial capabilities—The Service Acquisition Executive for Space Systems and Programs may not establish a program of record for the Space Force unless the Service Acquisition Executive first—
added “(A) determines that there is no commercially available capability that would meet the threshold objectives for that proposed program; and
added “(B) submits to the congressional defense committees such determination.”
Sec. 1607 Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing
added
added
Domestic defined— Section 1612(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 441 note) is amended—
added
by redesignating paragraph (4) as paragraph (5); and
added
by inserting after paragraph (3) the following new paragraph (4):
added “(4) The term “domestic” includes, with respect to commercial capabilities or services covered by this section, capabilities or services provided by companies that operate in the United States and have active mitigation agreements pursuant to the National Industrial Security Program.”
added
Effective date— The amendments made by subsection (a) shall take effect as if included in the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), including with respect to any requests for proposals or rules issued pursuant to section 1612 of such Act.
Sec. 1608 National Security Council briefing on potential harmful interference to Global Positioning System
added
added
Requirement— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the National Security Council, the Secretary of Commerce, and the Commissioners of the Federal Communications Commission a briefing at the highest level of classification on the current assessment of the Department of Defense, as of the date of the briefing, regarding the potential for harmful interference to the Global Positioning System, or other tactical or strategic systems of the Department of Defense, from commercial terrestrial operations and mobile satellite services using the 1525–1559 megahertz band and the 1626.5–1660.5 megahertz band.
added
Matters included— The briefing under subsection (a) shall include—
added
potential operational impacts that have been studied within the megahertz bands specified in such subsection; and
added
impacts that could be mitigated, if any, including how such mitigations could be implemented.
added
Congressional briefing— Not later than seven days after the date on which the Secretary provides the briefing under subsection (a), the Secretary shall provide to the appropriate congressional committees such briefing.
added
Independent technical review— The Secretary shall carry out subsections (a) an (c) regardless of whether the independent technical review conducted pursuant to section 1663 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) has been completed.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
Sec. 1611 Notification of certain threats to United States Armed Forces by foreign governments
added
added
Determination that foreign government intends to cause the death of or serious bodily injury to members of the Armed Forces— The Secretary of Defense shall carry out the notification requirements under subsection (b) whenever the Secretary, in consultation with the Director of National Intelligence, determines with high confidence that, on or after the date of the enactment of this Act, an official of a foreign government plans or takes some other substantial step that is intended to cause the death of, or serious bodily injury to, any member of the United States Armed Forces, whether through direct means or indirect means, including through a promise or agreement by the foreign government to pay anything of pecuniary value to an individual or organization in exchange for causing such death or injury.
added
Notice to Congress—
added
Notification— Except as provided in paragraph (3), not later than 14 days after making a determination under subsection (a), the Secretary shall notify the congressional leadership, the congressional intelligence committees and, consistent with the protection of sources and methods, the appropriate congressional committees of such determination. Such notification shall include, at a minimum, the following:
added
A description of the nature and extent of the effort by the foreign government to target members of the United States Armed Forces.
added
An assessment of what specific officials, agents, entities, and departments within the foreign government ordered, authorized, or had knowledge of the effort.
added
An assessment of the motivations of the foreign government for undertaking such an effort.
added
An assessment of whether the effort of the foreign government was a substantial factor in the death or serious bodily injury of any member of the United States Armed Forces.
added
Any other information the Secretary determines appropriate.
added
Option for briefing— Upon the request of a congressional recipient specified in paragraph (1) after being notified of a determination under such paragraph, the Secretary shall provide to the recipient a briefing on the contents of the notification.
added
Protection of sources and methods— This subsection shall be carried out in a manner that is consistent with the protection of sources and methods.
added
Definitions— In this section:
added
The term anything of pecuniary value has the meaning given that term in section 1958(b)(1) of title 18, United States Code.
added
The term “appropriate congressional committees” means the following:
added
The Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
added
The Committee on Armed Services and the Committee on Foreign Relations of the Senate.
added
The terms congressional intelligence committees and intelligence community have the meaning given those terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
added
The term congressional leadership includes the following:
added
The majority leader of the Senate.
added
The minority leader of the Senate.
added
The Speaker of the House of Representatives.
added
The minority leader of the House of Representatives.
added
The term determines with high confidence—
added
means that the official making the determination—
added
has concluded that the judgments in the determination are based on sound analytic argumentation and high-quality, consistent reporting from multiple sources, including through clandestinely obtained documents, clandestine and open source reporting, and in-depth expertise;
added
with respect to such judgments, has concluded that the intelligence community has few intelligence gaps and few assumptions underlying the analytic line and that the intelligence community has concluded that the potential for deception is low; and
added
has examined long-standing analytic judgments and considered alternatives in making the determination; but
added
does not mean that the official making the determination has concluded that the judgments in the determination are fact or certainty.
added
The term direct means means without the use of intermediaries.
added
The term foreign government means the government of a foreign country with which the United States is at peace.
added
The term indirect means means through, or with the assistance of, intermediaries.
Sec. 1612 Strategy and plan to implement certain defense intelligence reforms
added
added
Strategy and plan— The Secretary of Defense, in coordination with the Director of National Intelligence, shall develop and implement a strategy and plan to better support the intelligence priorities of the commanders of the combatant commands, including with respect to efforts to counter in the open malign activities of adversaries of the United States.
added
Matters included in plan— The plan under subsection (a) shall include the following:
added
A plan to adapt policies and procedures to assemble and release facts about the malign activities of an adversary described in such subsection in a timely way and in forms that allow for greater distribution and release.
added
A plan to develop and publish validated priority intelligence requirements of the commanders of the combatant commands.
added
A plan to elevate open-source intelligence to a foundational intelligence for strategic intelligence that is treated on par with information collected from classified means (for example, human intelligence, signals intelligence, and geospatial intelligence).
added
A plan for expanding the use of unclassified intelligence in order to combat threats from disinformation and misinformation by foreign adversaries.
added
A review by each element of the intelligence community of the approaches used by that element—
added
with respect to intelligence that has not been processed or analyzed, to separate out data from the sources and methods by which the data is obtained (commonly known as “tearlining”); and
added
with respect to finished intelligence products that relate to malign activities of an adversary described in subsection (a), to downgrade the classification level of the product.
added
Congressional briefing— Not later than one year after the date of the enactment of this Act, and annually thereafter through December 31, 2026, the Secretary and the Director shall jointly provide to the appropriate congressional committees a briefing on the strategy and plan under subsection (a).
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:
added
The congressional defense committees.
added
The Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives.
added
The Committee on the Judiciary and the Select Committee on Intelligence of the Senate.
Sec. 1613 Authority of Under Secretary of Defense for Intelligence and Security to engage in fundraising for certain nonprofit organizations
addedadded Section 422 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(c) Fundraising
added “(1) The Under Secretary of Defense for Intelligence and Security may engage in fundraising in an official capacity for the benefit of nonprofit organizations that provide support—
added “(A) to surviving dependents of deceased employees of the Defense Intelligence Enterprise; or
added “(B) for the welfare, education, or recreation of employees and former employees of the Defense Intelligence Enterprise and the dependents of such employees and former employees.
added “(2) The Under Secretary may delegate the authority under paragraph (1) to—
added “(A) the heads of the components of the Department of Defense that are elements of the intelligence community;
added “(B) the senior intelligence officers of the Armed Forces and the regional and functional combatant commands;
added “(C) the Director for Intelligence of the Joint Chiefs of Staff; and
added “(D) the senior officials of other elements of the Department of Defense that perform intelligence functions.
added “(3) Not later than seven days after the date on which the Under Secretary or an official specified in paragraph (2) engages in fundraising pursuant to paragraph (1), or at the time at which the Under Secretary or an official makes a determination to engage in such fundraising, the Under Secretary shall notify the appropriate congressional committees of such fundraising.
added “(4) In this subsection:
added “(A) The term “appropriate congressional committees” means—
added “(i) the Committees on Armed Services of the House of Representatives and the Senate; and
added “(ii) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
added “(B) The term Defense Intelligence Enterprise has the meaning given that term in section 426(b)(4)(B) of this title.
added “(C) The term fundraising means the raising of funds through the active participation in the promotion, production, or presentation of an event designed to raise funds and does not include the direct solicitation of money by any other means.
added “(D) The term “intelligence community” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”
Sec. 1614 Executive agent for explosive ordnance intelligence
added
added
In general— Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new section:
added “430c. Executive agent for explosive ordnance intelligence
added “(a) Designation—The Secretary of Defense shall designate the Director of the Defense Intelligence Agency as the executive agent for explosive ordnance intelligence.
added “(b) Definitions—In this section:
added “(1) The term explosive ordnance intelligence means technical intelligence relating to explosive ordnance (as defined in section 283(d) of this title), including with respect to the processing, production, dissemination, integration, exploitation, evaluation, feedback, and analysis of explosive ordnance using the skills, techniques, principles, and knowledge of explosive ordnance disposal personnel regarding fuzing, firing systems, ordnance disassembly, and development of render safe techniques, procedures and tools, publications, and applied technologies.
added “(2) The term executive agent has the meaning given the term DoD Executive Agent in Directive 5101.1.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 430b the following new item:
added
Date of designation— The Secretary of Defense shall make the designation under section 430c of title 10, United States Code, as added by subsection (a), by not later than 30 days after the date of the enactment of this Act.
Sec. 1615 Inclusion of explosive ordnance intelligence in Defense Intelligence Agency activities
addedadded Section 105 of the National Security Act of 1947 (50 U.S.C. 3038) is amended—
added
in subsection (b)(5), by striking “human intelligence and” and inserting “explosive ordnance intelligence, human intelligence, and”; and
added
by adding at the end the following new subsection:
added “(e) Explosive ordnance intelligence defined—In this section, the term explosive ordnance intelligence means technical intelligence relating to explosive ordnance (as defined in section 283(d) of title 10, United States Code), including with respect to the processing, production, dissemination, integration, exploitation, evaluation, feedback, and analysis of explosive ordnance using the skills, techniques, principles, and knowledge of explosive ordnance disposal personnel regarding fuzing, firing systems, ordnance disassembly, and development of render safe techniques, procedures and tools, publications, and applied technologies.”
Sec. 1621 Exercises of nuclear command, control, and communications system
added
added
Requirement— Chapter 24 of title 10, United States Code, is amended by adding at the end the following new section:
added “499b. Exercises of nuclear command, control, and communications system
added “(a) Required exercises—Except as provided by subsection (b), beginning 2022, the President shall participate in a large-scale exercise of the nuclear command, control, and communications system during the first year of each term of the President, and may participate in such additional exercises as the President determines appropriate.
added “(b) Waiver—The President may waive, on a case-by-case basis, the requirement to participate in an exercise under subsection (a) if the President—
added “(1) determines that participating in such an exercise is infeasible by reason of a war declared by Congress, a national emergency declared by the President or Congress, a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d), or other similar exigent circumstance; and
added “(2) submits to the congressional defense committees a notice of the waiver and a description of such determination.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
Sec. 1622 Independent review of nuclear command, control, and communications system
added
added
Review— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall conduct a review of the current plans, policies, and programs of the nuclear command, control, and communications system, and such plans, policies, and programs that are planned through 2030.
added
Matters included— The review under subsection (a) shall include a review of each of the following:
added
The plans, policies, and programs described in such subsection.
added
The programmatic challenges and risks to the nuclear command, control, and communications system.
added
Emerging technologies and how such technologies may be applied to the next generation of the nuclear command, control, and communications system.
added
The security and surety of the nuclear command, control, and communications system.
added
Threats to the nuclear command, control, and communications system that may occur through 2030.
added
Briefing— Not later than September 1, 2022, the National Academies shall provide the congressional defense committees an interim briefing on the review under subsection (a).
added
Report— Not later than March 1, 2023, the National Academies shall submit to the Secretary and the congressional defense committees a report containing the review under subsection (a).
Sec. 1623 Review of safety, security, and reliability of nuclear weapons and related systems
added
added
Findings— Congress finds the following:
added
On December 20, 1990, Secretary of Defense Cheney chartered a five-person independent committee known as the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction to assess the capability of the nuclear weapon command and control system to meet the dual requirements of assurance against unauthorized use of nuclear weapons and assurance of timely, reliable execution when authorized, and to identify opportunities for positive measures to enhance failsafe features.
added
The Federal Advisory Committee, chaired by Ambassador Jeane J. Kirkpatrick, recommended changes in the nuclear enterprise, as well as policy proposals to reduce the risks posed by unauthorized launches and miscalculation.
added
The Federal Advisory Committee found, unambiguously, that “failsafe and oversight enhancements are possible”.
added
Since 1990, new threats to the nuclear enterprise have arisen in the cyber, space, and information warfare domains.
added
Ensuring the continued assurance of the nuclear command, control, and communications infrastructure is essential to the national security of the United States.
added
Review— The Secretary of Defense shall provide for the conduct of an independent review of the safety, security, and reliability of covered nuclear systems. The Secretary shall ensure that such review is conducted in a manner similar to the review conducted by the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction.
added
Matters included— The review conducted pursuant to subsection (b) shall include the following:
added
Plans for modernizing the covered nuclear systems, including options and recommendations for technical, procedural, and policy measures that could strengthen safeguards, improve the security and reliability of digital technologies, and prevent cyber-related and other risks that could lead to the unauthorized or inadvertent use of nuclear weapons as the result of an accident, misinterpretation, miscalculation, terrorism, unexpected technological breakthrough, or deliberate act.
added
Options and recommendations for nuclear risk reduction measures, focusing on confidence building and predictability, that the United States could carry out alone or with near-peer adversaries to strengthen safeguards against the unauthorized or inadvertent use of a nuclear weapon and to reduce nuclear risks.
added
Submission— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the review conducted pursuant to subsection (b).
added
Previous review— Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the final report of the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction.
added
Covered nuclear systems defined— In this section, the term “covered nuclear systems” means the following systems of the United States:
added
The nuclear weapons systems.
added
The nuclear command, control, and communications system.
added
The integrated tactical warning/attack assessment system.
Sec. 1624 Review of engineering and manufacturing development contract for ground-based strategic deterrent program
added
added
Findings— Congress finds the following:
added
In September 2020, the Air Force awarded the engineering and manufacturing development contract for the ground-based strategic deterrent program.
added
The total development cost of the ground-based strategic deterrent program is expected to be approximately $100,000,000,000.
added
The Vice Chairman of the Joint Chiefs of Staff recently noted that “we have got to make [the ground-based strategic deterrent program] more affordable. A three-stage, solid rocket ICBM should not cost as much as the forecast says it costs for now. After meeting with the program office at Northrop Grumman multiple times I think that program can come in significantly cheaper. It’s designed correctly. It’s a digital engineering process that should be able to build things quickly and much more effectively.”.
added
The Air Force has placed significant importance on digital engineering in achieving cost and schedule requirements with respect to the ground-based strategic deterrent program.
added
Review—
added
Requirement— The Secretary of the Air Force shall provide for the conduct of a review of the implementation and the execution of the engineering and manufacturing development contract for the ground-based strategic deterrent program.
added
Matters included— The review under paragraph (1) shall include the following:
added
An analysis of the ability of the Air Force to implement industry best practices during the engineering and manufacturing development phase of the ground-based strategic deterrent program.
added
A review of the challenges the Air Force faces in implementing such industry best practices.
added
A review of the ability of the Air Force to leverage digital engineering during such engineering and manufacturing development phase.
added
A review of any options that may be available to the Air Force to reduce cost and introduce competition within the operations and maintenance phase of the ground-based strategic deterrent program.
added
Recommendations to improve the cost, schedule, and program management of the ground-based strategic deterrent program.
added
Expertise— The Secretary shall ensure that the review under paragraph (1) is conducted by individuals from the public and private sector, including not fewer than two individuals—
added
who are not employees or officers of the Department of Defense or a contractor of the Department; and
added
who have experience outside of the defense industry.
added
Provision of information— The Secretary shall provide to the individuals conducting the review under paragraph (1) all information necessary for the review.
added
Security clearances— The Secretary shall ensure that each individual who conducts the review under paragraph (1) holds a security clearance at the appropriate level for such review.
added
Report— Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the review under subsection (b)(1). The report shall be submitted in unclassified form and shall include a classified annex.
added
Briefing— Not later than 90 days after the date on which the Secretary submits the report under subsection (c), the Secretary shall provide to the congressional defense committees a briefing on implementing the recommendations contained in the review under subsection (b)(1).
Sec. 1625 Long-range standoff weapon
added
added
Limitation— The Secretary of the Air Force may not award a procurement contract for the long-range standoff weapon until the Secretary submits to the congressional defense committees each of the following:
added
An updated cost estimate for the procurement portion of the long-range standoff weapon program that is—
added
informed by the engineering and manufacturing development contract, including with respect to any completed flight tests; and
added
independently validated by the Director of Cost Assessment and Program Evaluation.
added
A certification that the future-years defense program submitted to Congress under section 221 of title 10, United States Code, includes, or will include, estimated funding for the program in the amounts specified in the cost estimate under paragraph (1).
added
A copy of the justification and approval documentation regarding the Secretary determining to award a sole-source contract for the program, including with respect to how the Secretary will manage the cost of the program in the absence of competition.
added
Briefing— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the execution of the engineering and manufacturing development contract for the long-range standoff weapon, including with respect to—
added
how the timely development of the long-range standoff weapon may serve as a hedge to delays in other nuclear modernization efforts;
added
the effects of potential delays in the W80–4 warhead program on the ability of the long-range standoff weapon to achieve the initial operational capability schedule under section 217 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 706), as most recently amended by section 1668 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1774);
added
options to adjust the budget profile of the long-range standoff weapon program to ensure the program remains on schedule;
added
a plan to reconcile, with respect to the procurement portion of the program, the Air Force service cost position and the estimate by the Director of Cost Assessment and Program Evaluation; and
added
a plan to ensure best value to the United States for such procurement portion.
Sec. 1626 Prohibition on reduction of the intercontinental ballistic missiles of the United States
added
added
Prohibition— Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following:
added
Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States.
added
Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.
added
Exception— The prohibition in subsection (a) shall not apply to any of the following activities:
added
The maintenance or sustainment of intercontinental ballistic missiles.
added
Ensuring the safety, security, or reliability of intercontinental ballistic missiles.
Sec. 1627 Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile
addedadded Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for travel by any personnel of the Office of the Secretary of the Navy, not more than 75 percent may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees all written communications by personnel of the Department of Defense regarding the proposed budget amount or limitation for the nuclear-armed sea-launched cruise missile contained in the defense budget materials (as defined by section 231(f) of title 10, United States Code) for fiscal year 2022.
Sec. 1628 Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile
addedadded Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for travel by any personnel of the Office of the Secretary of Defense (other than travel by the Secretary of Defense or the Deputy Secretary of Defense), not more than 75 percent may be obligated or expended until the Secretary—
added
submits to the congressional defense committees the analysis of alternatives for the nuclear-armed sea-launched cruise missile; and
added
provides to such committees a briefing on such analysis of alternatives.
Sec. 1629 Annual certification on readiness of Minuteman III intercontinental ballistic missiles
addedadded Not later than March 1, 2022, and annually thereafter until the date on which the ground-based strategic deterrent weapon achieves initial operating capability, the Chairman of the Joint Chiefs of Staff shall certify to the congressional defense committees whether the state of the readiness of Minuteman III intercontinental ballistic missiles requires placing heavy bombers equipped with nuclear gravity bombs or air-launched nuclear cruise missiles, and associated refueling tanker aircraft, on alert status.
Sec. 1630 Cost estimate to re-alert long-range bombers
added
added
Findings— Congress finds the following:
added
On April 20th, 2021, before the Committee on Armed Services of the Senate, the Commander of the United States Strategic Command, Admiral Charles A. Richard, said that the basic design criteria in the triad is that “you cannot allow a failure of any one leg of the triad to prevent you from being able to do everything the President has ordered you to do.”.
added
Admiral Richard further stated that in the event of one leg atrophying, “You are completely dependent on the submarine leg, and I’ve already told the Secretary of Defense that under those conditions I would request to re-alert the bombers.”.
added
Cost estimate— The Secretary of the Air Force shall develop a cost estimate with respect to re-alerting long-range bombers in the absence of a ground-based leg of the nuclear triad.
Sec. 1631 Notification regarding intercontinental ballistic missiles of China
added
added
Requirement— If the Commander of the United States Strategic Command determines that the number of intercontinental ballistic missiles in the active inventory of China exceeds the number of intercontinental ballistic missiles in the active inventory of the United States, or that the number of nuclear warheads equipped on such missiles of China exceeds the number of nuclear warheads equipped on such missiles of the United States, the Commander shall submit to the congressional defense committees—
added
a notification of such determination;
added
an assessment of the composition of the intercontinental ballistic missiles of China, including the types of nuclear warheads equipped on such missiles; and
added
a strategy for deterring China.
added
Form— The notification under paragraph (1) of subsection (a) shall be submitted in unclassified form, and the assessment and strategy under paragraphs (2) and (3) of such subsection may be submitted in classified form.
added
Termination— The requirement under subsection (a) shall terminate on the date that is four years after the date of the enactment of this Act.
Sec. 1632 Information regarding review of Minuteman III service life extension program
added
added
Requirement— The Secretary of Defense shall submit to the congressional defense committees all scoping documents relating to any covered review, including the names, titles, and backgrounds of the individuals of the federally funded research and development center who are conducting the review. The Secretary shall submit such information by the date that is the later of the following:
added
15 days after the date on which the covered review is initiated.
added
15 days after the date of the enactment of this Act.
added
Covered review— In this section, the term “covered review” means any review initiated in 2021 or 2022 by a federally funded research and development center regarding a service life extension program for Minuteman III intercontinental ballistic missiles.
Sec. 1633 Sense of Congress regarding nuclear posture review
addedadded It is the sense of Congress that the nuclear posture review initiated in 2021 should address the following:
added
An assessment of the current and projected nuclear capabilities of Russia and China;
added
the role of nuclear forces in United States military strategy, planning, and programming;
added
the relationship between deterrence, targeting, and arms control;
added
the role of missile defenses, conventional strike forces, and other capabilities play in determining the role and size of nuclear forces;
added
the levels and composition of nuclear delivery systems required to implement national strategy;
added
the nuclear weapons complex required to implement such strategy, including with respect to modernization; and
added
the active and inactive nuclear weapons stockpile required to implement such strategy, including with respect to the replacement and modification of nuclear weapons.
Sec. 1641 Directed energy programs for ballistic and hypersonic missile defense
added
added
Findings— Congress finds the following:
added
In the fiscal year 2021 budget request of the Department of Defense, the Secretary of Defense removed all funding from the Missile Defense Agency to conduct research, engineering, or development for directed energy technologies that could be applicable for ballistic and hypersonic missile defense, and this removal of funding continued in the fiscal year 2022 budget request of the Department, despite Congress appropriating funding for fiscal year 2021 for these efforts.
added
In January 2020, an independent Senior Executive Review Team noted that “If successfully developed, the unique features of diode pumped alkali laser, an efficient electrically powered, relatively short wavelength gas laser with the potential to deliver megawatt power with near diffraction limited beam quality from a single aperture would provide the Department of Defense and the Missile Defense Agency with an important strategic technology with the potential for an attractive size, weight, and power. Such a system would have potential capability use cases across all services/agencies.”. However, the Under Secretary of Defense for Research and Engineering did not support continued investigation of this promising technology by the Missile Defense Agency.
added
In addition to diode pumped alkali lasers, there are other directed energy applications that have the potential to contribute to ballistic and hypersonic missile defense architecture, including microwave and short pulse lasers technologies.
added
Sense of Congress— It is the sense of Congress that the Director of the Missile Defense Agency should continue to fund promising directed energy technologies for ballistic and hypersonic missile defense, in coordination with the directed energy roadmap of the Under Secretary of Defense for Research and Engineering, with the intent to transfer technologies to the military departments as appropriate.
added
Authority of the Missile Defense Agency—
added
Delegation— The Secretary of Defense shall delegate to the Director of the Missile Defense Agency the authority to budget for, direct, and manage directed energy programs applicable for ballistic and hypersonic missile defense missions, in coordination with other directed energy efforts of the Department of Defense.
added
Prioritization— In budgeting for and directing directed energy programs applicable for ballistic and hypersonic defensive missions pursuant to paragraph (1), the Director of the Missile Defense Agency shall—
added
prioritize the early research and development of technologies; and
added
address the transition of such technologies to industry to support future operationally relevant capabilities.
Sec. 1642 Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency
added
added
Notice and wait—
added
Requirement— The Secretary of Defense may not make any changes to the missile defense non-standard acquisition and requirements processes and responsibilities described in paragraph (2) until the Secretary, without delegation, on or after the date of the enactment of this Act—
added
has consulted with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Policy, the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, the Commander of the United States Strategic Command, the Commander of the United States Northern Command, and the Director of the Missile Defense Agency;
added
certifies to the congressional defense committees that the Secretary has coordinated the changes with, and received the views of, the individuals referred to in subparagraph (A);
added
submits to the congressional defense committees a report that contains—
added
a description of the changes, the rationale for the changes, and the views of the individuals referred to in subparagraph (A) with respect to such changes;
added
a certification that the changes will not impair the missile defense capabilities of the United States nor degrade the unique special acquisition authorities of the Missile Defense Agency; and
added
with respect to any such changes to Department of Defense Directive 5134.09, a final draft of the proposed modified directive, both in an electronic format and in a hard copy format;
added
with respect to any such changes to Department of Defense Directive 5134.09, provides to such committees a briefing on the proposed modified directive described in subparagraph (C)(ii); and
added
a period of 120 days has elapsed following the date on which the Secretary submits the report under subparagraph (C).
added
Non-standard acquisition and requirements processes and responsibilities described— The non-standard acquisition and requirements processes and responsibilities described in this paragraph are such processes and responsibilities described in—
added
the memorandum of the Secretary of Defense titled “Missile Defense Program Direction” signed on January 2, 2002;
added
Department of Defense Directive 5134.09, as in effect on the date of the enactment of this Act; and
added
United States Strategic Command Instruction 538–3 titled “MD Warfighter Involvement Process”.
added
Conforming amendments—
added
FY20 NDAA— Section 1688 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116– 92; 133 Stat. 1787) is amended—
added
by striking subsection (b); and
added
by redesignating subsection (c) as subsection (b).
added
FY21 NDAA— Section 1641 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 283; 134 Stat. 4061) is amended—
added
by striking subsection (c); and
added
by redesignating subsection (d) as subsection (c).
Sec. 1643 Missile defense radar in Hawaii
added
added
Sense of Congress— It is the sense of Congress that—
added
Hawaii should have discrimination radar coverage against intercontinental ballistic missiles that is equivalent to such coverage provided to the contiguous United States and Alaska once the long range discrimination radar achieves operational capability at Clear Air Force Base, Alaska; and
added
to achieve such equivalent discrimination radar coverage, the Secretary of Defense, acting through the Director of the Missile Defense Agency, should—
added
restore the discrimination radar for homeland defense planned to be located in Hawaii; and
added
request adequate funding for the radar in the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for the radar to achieve operational capability by not later than December 31, 2028, when the next generation interceptor is anticipated to achieve initial operating capability.
added
Certification— As a part of the defense budget materials (as defined in section 239 of title 10, United States Code) for fiscal year 2023, the Director of the Missile Defense Agency shall certify to the congressional defense committees that—
added
the future-years defense program submitted to Congress under section 221 of title 10, United States Code, in 2022 includes adequate amounts of estimated funding to develop, construct, test, and integrate into the missile defense system the discrimination radar for homeland defense planned to be located in Hawaii; and
added
such radar and associated in-flight interceptor communications system data terminal will be operational by not later than December 31, 2028.
Sec. 1644 Guam integrated air and missile defense system
added
added
Architecture and acquisition— The Secretary of Defense shall identify the architecture and acquisition approach for implementing a 360-degree integrated air and missile defense capability to defend the people, infrastructure, and territory of Guam from advanced cruise, ballistic, and hypersonic missile threats.
added
Requirements— The architecture identified under subsection (a) shall have the ability to—
added
integrate numerous multi-domain sensors, interceptors, and command and control systems while maintaining high kill chain performance against advanced threats;
added
address robust discrimination and electromagnetic compatibility with other sensors;
added
engage directly, or coordinate engagements with other integrated air and missile defense systems, to defeat the spectrum of cruise, ballistic, and hypersonic threats;
added
leverage existing programs of record to expedite the development and deployment of the architecture during the five-year period beginning on the date of the enactment of this Act, with an objective of achieving initial operating capability in 2025, including with respect to—
added
the Aegis ballistic missile defense system;
added
standard missile–3 and –6 variants;
added
the terminal high altitude area defense system;
added
the Patriot air and missile defense system;
added
the integrated battle control system; and
added
the lower tier air and missile defense sensor and other lower tier capabilities, as applicable;
added
integrate future systems and interceptors that have the capability to defeat hypersonic missiles in the glide and terminal phases, including integration of passive measures to protect assets in Guam; and
added
incentivize competition within the acquisition of the architecture and rapid procurement and deployment wherever possible.
added
Report— Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the architecture and acquisition approach identified under subsection (a).
Sec. 1645 Limitation on availability of funds until receipt of certain report on Guam
addedadded Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the Office of Cost Assessment and Program Evaluation, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report on the defense of Guam from integrated air and missile threats required by section 1650 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021(Public Law 116–283).
Sec. 1646 Repeal of transition of ballistic missile defense programs to military departments
addedadded Section 1676 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note) is amended by striking subsection (b).
Sec. 1647 Certification required for Russia and China to tour certain missile defense sites
added
added
Certification— Before the Secretary of Defense makes a determination with respect to allowing a foreign national of Russia or China to tour a covered site, the Secretary shall submit to the congressional defense committees a certification that—
added
the Secretary has determined that such tour is in the national security interest of the United States, including the justifications for such determination; and
added
the Secretary will not share any technical data relating to the covered site with the foreign nationals.
added
Timing— The Secretary may not conduct a tour described in subsection (a) until a period of 45 days has elapsed following the date on which the Secretary submits the certification for that tour under such subsection.
added
Covered site— In this section, the term “covered site” means any of the following:
added
The combat information center of a naval ship equipped with the Aegis ballistic missile defense system.
added
An Aegis Ashore site.
added
A terminal high altitude area defense battery.
added
A ground-based midcourse defense interceptor silo.
Sec. 1648 Sense of Congress on next generation interceptor program
addedadded It is the sense of Congress that—
added
in accordance with the national missile defense policy under section 1681 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 328; 10 U.S.C. 2431 note), it is in the national security interest of the United States to design, test, and begin deployment of the next generation interceptor by not later than September 30, 2028; and
added
the Secretary of Defense should—
added
maintain competition for the next generation interceptor program through, at a minimum, the critical design reviews of the program;
added
uphold “fly before you buy” principals in carrying out such program;
added
continue to incorporate lessons learned from the redesigned kill vehicle program to avoid any similar technical issues; and
added
continue to maintain continuous engagement with the intelligence community to ensure the next generation interceptor program is outpacing intercontinental ballistic missile threats to the homeland of the United States posed by rogue nations.
Sec. 1651 Cooperative threat reduction funds
added
added
Funding allocation— Of the $344,849,000 authorized to be appropriated to the Department of Defense for fiscal year 2022 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts may be obligated for the purposes specified:
added
For strategic offensive arms elimination, $2,997,000.
added
For chemical security and elimination, $13,250,000.
added
For global nuclear security, $17,767,000.
added
For biological threat reduction, $124,022,000.
added
For proliferation prevention, $58,754,000.
added
For activities designated as Other Program Support, $23,059,000.
added
Specification of cooperative threat reduction funds— Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2022, 2023, and 2024.
Sec. 1652 Establishment of office to address unidentified aerial phenomena
added
added
Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall establish an office within the Office of the Secretary of Defense to carry out, on a Department-wide basis, the mission currently performed by the Unidentified Aerial Phenomenon Task Force as of the date of the enactment of this Act.
added
Duties— The duties of the office established under subsection (a) shall include the following:
added
Developing procedures to synchronize and standardize the collection, reporting, and analysis of incidents regarding unidentified aerial phenomena across the Department of Defense.
added
Developing processes and procedures to ensure that such incidents from each military department are reported and incorporated in a centralized repository.
added
Establishing procedures to require the timely and consistent reporting of such incidents.
added
Evaluating links between unidentified aerial phenomena and adversarial foreign governments, other foreign governments, or nonstate actors.
added
Evaluating the threat that such incidents present to the United States.
added
Coordinating with other departments and agencies of the Federal Government, as appropriate.
added
Coordinating with allies and partners of the United States, as appropriate, to better assess the nature and extent of unidentified aerial phenomena.
added
Annual report—
added
Requirement— Not later than December 31, 2022, and annually thereafter until December 31, 2026, the Secretary of Defense shall submit to the appropriate congressional committees a report on unidentified aerial phenomena.
added
Elements— Each report under paragraph (1) shall include, with respect to the year covered by the report, the following information:
added
An analysis of data and intelligence received through reports of unidentified aerial phenomena.
added
An analysis of data relating to unidentified aerial phenomena collected through—
added
geospatial intelligence;
added
signals intelligence;
added
human intelligence; and
added
measurement and signals intelligence.
added
The number of reported incidents of unidentified aerial phenomena over restricted air space of the United States.
added
An analysis of such incidents identified under subparagraph (C).
added
Identification of potential aerospace or other threats posed by unidentified aerial phenomena to the national security of the United States.
added
An assessment of any activity regarding unidentified aerial phenomena that can be attributed to one or more adversarial foreign governments.
added
Identification of any incidents or patterns regarding unidentified aerial phenomena that indicate a potential adversarial foreign government may have achieved a breakthrough aerospace capability.
added
An update on the coordination by the United States with allies and partners on efforts to track, understand, and address unidentified aerial phenomena.
added
An update on any efforts underway on the ability to capture or exploit discovered unidentified aerial phenomena.
added
An assessment of any health-related effects for individuals that have encountered unidentified aerial phenomena.
added
Task force— Not later than the date on which the Secretary establishes the office under subsection (a), the Secretary shall terminate the Unidentified Aerial Phenomenon Task Force.
added
Definitions— In this section:
added
The term “appropriate congressional committees” means the following:
added
The Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
added
The Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
added
The term “unidentified aerial phenomena” means airborne objects witnessed by a pilot or aircrew member that are not immediately identifiable.
Sec. 1653 Matters regarding Integrated Deterrence Review
added
added
Reports— Not later than 30 days after the date on which the Integrated Deterrence Review that commenced during 2021 is submitted to the congressional defense committees, the Secretary of Defense shall submit to the congressional defense committees the following:
added
Each report, assessment, and guidance document produced by the Department of Defense pursuant to the Integrated Deterrence Review or during subsequent actions taken to implement the conclusions of the Integrated Deterrence Review, including with respect to each covered review.
added
A report explaining how each such covered review differs from the previous such review.
added
Certifications— Not later than 30 days after the date on which a covered review is submitted to the congressional defense committees, the Chairman of the Joint Chiefs of Staff, the Vice Chairman of the Joint Chiefs of Staff, and the Commander of the United States Strategic Command shall each directly submit to such committees—
added
a certification regarding whether the Chairman, Vice Chairman, or Commander, as the case may be, had the opportunity to provide input into the covered review; and
added
a description of the degree to which the covered reviews differ from the military advice contained in such input (or, if there was no opportunity to provide such input, would have been contained in the input if so provided).
added
Covered review defined— In this section, the term “covered review” means—
added
the Missile Defense Review that commenced during 2021; and
added
the Nuclear Posture Review that commenced during 2021.
Sec. 1654 Sense of Congress on indemnification and the conventional prompt global strike weapon system
addedadded It is the sense of Congress that—
added
the conventional prompt global strike weapon system of the Navy, for which the Secretary of the Navy has declined to provide indemnification, will have more than twice the TNT equivalent of the bomb used in the 1993 World Trade Center bombing that resulted in many casualties and more than $3,300,000,000 in insurance claims in 2021 dollars—an amount that is $1,100,000,000 greater than the insurance limits currently available from private insurance underwriters;
added
the term “unusually hazardous” used in Executive Order 10789, as amended, pursuant to public Law 85–804 (50 U.S.C. 1431 et seq.) should be objectively and consistently applied to weapons systems and programs whose physical properties inherently possess substantial explosive energy whose misapplication or accidental ignition could result in catastrophic material destruction and human injuries and deaths;
added
an inconsistent and arbitrary application of such Executive Order and law may create significant risk for the industrial base and loss of critical defense capabilities; and
added
the Secretary of the Navy should—
added
take maximum practicable advantage of existing statutory authority to provide indemnification for large rocket programs employing “unusually hazardous” propulsion systems for both nuclear and non-nuclear strategic systems; and
added
develop a policy for more consistently applying such authority.
Sec. 1701 Technical, conforming, and clerical amendments related to the transfer and reorganization of defense acquisition statutes
added
added
Applicability; definitions—
added
Applicability— The amendments made by this section to title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) shall apply as if included in such Act as enacted.
added
Definitions— In this section, the terms FY2021 NDAA and such Act mean the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
added
Technical corrections to title XVIII of FY2021 NDAA— Title XVIII of the FY2021 NDAA is amended as follows:
added
Section 1806(a) is amended in paragraph (4) by striking “Transfer” and all that follows through “and amended” and inserting the following: “Restatement of section 2545(1).—Section 3001 of such title, as added by paragraph (1), is further amended by inserting after subsection (b), as transferred and redesignated by paragraph (3), a new subsection (c) having the text of paragraph (1) of section 2545 of such title, as in effect on the day before the date of the enactment of this Act, revised”.
added
Section 1807 is amended—
added
in subsection (c)(3)(A)—
added
by striking the semicolon and close quotation marks at the end of clause (i) and inserting close quotation marks and a semicolon; and
added
by striking “by any” in the matter to be inserted by clause (ii); and
added
in subsection (e)—
added
by striking “of this title” in the matter to be inserted by paragraph (2)(B); and
added
by striking “Sections” in the quoted matter before the period at the end of paragraph (3) and inserting “For purposes of”.
added
Section 1809(e) is amended by striking subparagraph (B) of paragraph (2) (including the amendment made by that subparagraph).
added
Section 1811 is amended—
added
in subsection (c)(2)(B), by striking the comma before the close quotation marks in both the matter to be stricken and the matter to be inserted;
added
in subsection (d)(3)(B)—
added
by striking the dash after “mobilization” in the matter to be inserted by clause (ii) and inserting a semicolon; and
added
by striking the dash after “center” in the matter to be inserted by clause (iv) and inserting “; or”;
added
in subsection (d)(4)(D), by striking “this” in the matter to be stricken by clause (ii) and inserting “This”;
added
in subsection (d)(5)(A), by striking “Sources.—The” and inserting “Sources.—” before “The”;
added
in subsection (d)(6)(A), in the matter to be inserted—
added
by striking the close quotation marks after “Procedures.—”; and
added
by striking the comma after “(7)”; and
added
in subparagraphs (C)(ii) and (E)(ii) of subsection (e)(3), by striking “and (ii)” each place it appears and inserting “and (iii)”.
added
Section 1813 is amended in subsection (c)(1)(D) by inserting “and inserting” after the first closing quotation marks.
added
Section 1816(c)(5) is amended—
added
in subparagraph (C)—
added
by striking “the second sentence” and inserting “the second and third sentences”; and
added
by striking “subsection (d)” and inserting “subsections (d) and (e), respectively”; and
added
by striking subparagraph (G) and inserting the following:
added “(G) in subsection (d), as so designated, by inserting “Notice of award.—” before “The head of”; and
added “(H) in subsection (e), as so designated, by striking “This subparagraph does not” and inserting “Exception for perishable subsistence items.—Subsections (c) and (d) do not”.”
added
Section 1818 is amended by striking the close quotation marks and second period at the end of subsection (b).
added
Section 1820 is amended in subsection (c)(3)(A) by striking “section” in the matter to be deleted.
added
Section 1833(o)(2) is amended by striking “Section” and “as section” and inserting “Sections” and “as sections”, respectively.
added
Section 1834(h)(2) is amended by striking “section 3801(1)” in the matter to be inserted and inserting “section 3801(a)”.
added
Section 1845(c)(2) is amended by striking “section” in the matter to be stricken and inserting “sections”.
added
Section 1856(h) is amended by striking “subsection (d)” and inserting “subsection (g)”.
added
Section 1862(c)(2) is amended by striking “section 4657” and inserting “section 4658”.
added
Section 1866(d) is amended by striking “4817” in the matter to be inserted by paragraph (4)(A)(ii) and inserting “4818”.
Sec. 1702 Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes
added
added
Amendments to title 10, united states code— Title 10, United States Code, is amended as follows:
added
Section 171a(i)(3) is amended by striking “2366a(d)” and inserting “4251(d)”.
added
Section 181(b)(6) is amended by striking “sections 2366a(b), 2366b(a)(4),” and inserting “sections 4251(b), 4252(a)(4),”.
added
Section 1734(c)(2) is amended by striking “section 2435(a)” and inserting “section 4214(a)”.
added
Amendments to laws classified as notes in title 10, united states code—
added
Section 801(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2302 note) is amended by striking “section 2545” and inserting “section 3001”.
added
Section 323(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2463 note) is amended by striking “section 235, 2330a, or 2463” and inserting “section 2463, 3137, or 4505”.
added
Section 8065 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 10 U.S.C. 2540 note), is amended—
added
by striking “subchapter VI of chapter 148” both places it appears and inserting “subchapter I of chapter 389”; and
added
by striking “section 2540c(d)” and inserting “section 4974(d)”.
added
Amendments to laws classified in title 6, united states code (homeland security)—
added
Section 831(a) of the Homeland Security Act of 2002 (6 U.S.C. 391(a)) is amended—
added
in paragraph (1), by striking “section 2371” and inserting “section 4002”; and
added
in paragraph (2)—
added
by striking “section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160)” in the first sentence and inserting “section 4003 of title 10, United States Code”; and
added
by striking “845” in the second sentence.
added
Section 853(b) of such Act (6 U.S.C. 423(b)) is amended by striking paragraphs (1), (2), and (3) and inserting the following:
added “(1) Section 134 of title 41, United States Code.
added “(2) Section 153 of title 41, United States Code.
added “(3) Section 3015 of title 10, United States Code.”
added
Section 855 of such Act (6 U.S.C. 425) is amended—
added
in subsection (a)(2), by striking subparagraphs (A), (B), and (C) and inserting the following:
added “(A) Sections 1901 and 1906 of title 41, United States Code.
added “(B) Section 3205 of title 10, United States Code.
added “(C) Section 3305 of title 41, United States Code.”
added
in subsection (b)(1), by striking “provided in” and all that follows through “shall not” and inserting “provided in section 1901(a)(2) of title 41, United States Code, section 3205(a)(2) of title 10, United States Code, and section 3305(a)(2) of title 41, United States Code, shall not”.
added
Section 856(a) of such Act (6 U.S.C. 426(a)) is amended by striking paragraphs (1), (2), and (3) and inserting the following:
added “(1) Federal Property and Administrative Services Act of 1949—In division C of subtitle I of title 41, United States Code:
added “(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3304 of such title, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section).
added “(B) Section 4106 of such title, relating to orders under task and delivery order contracts.
added “(2) Title 10, United States Code—In part V of subtitle A of title 10, United States Code:
added “(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3204, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section).
added “(B) Section 3406, relating to orders under task and delivery order contracts.
added “(3) Office of Federal Procurement Policy Act—Paragraphs (1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41, United Sates Code, relating to inapplicability of a requirement for procurement notice.”
added
Section 604(f) of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b(f)) is amended by striking “section 2304(g)” and inserting “section 3205”.
added
Amendments to title 14, united states code (coast guard)— Title 14, United States Code, is amended as follows:
added
Section 308(c)(10)(B)(ii) is amended by striking “section 2547(c)(1)” and inserting “section 3104(c)(1)”.
added
Section 1137(b)(4) is amended by striking “section 2306b” and inserting “subchapter I of chapter 249”.
added
Section 1906(b)(2) is amended by striking “chapter 137” and inserting “sections 3201 through 3205”.
added
Amendments to laws classified in title 15, united states code (commerce)—
added
Section 14(a) of the Metric Conversion Act of 1975 (15 U.S.C. 205l(a)) is amended—
added
in the first sentence, by striking “set forth in chapter 137” and all that follows through “et seq.),” and inserting “set forth in the provisions of title 10, United States Code, referred to in section 3016 of such title as “chapter 137 legacy provisions”, section 3453 of such title, division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code,”;
added
in the second sentence, by striking “under section 2377(c)” and all that follows through the period and inserting “under section 3453(c) of title 10, United States Code, and section 3307(d) of title 41, United States Code.”; and
added
in the third sentence, by striking “section 2377” and all that follows through “shall take” and inserting “section 4324 of title 10, United Sates Code, or section 3307(b) to (d) of title 41, United States Code, then the provisions of such sections 4324 or 3307(b) to (d) shall take”.
added
Section 8 of the Small Business Act (15 U.S.C. 637) is amended—
added
in subsection (g)(2), by striking “section 2304(c)” and inserting “section 3204(a)”; and
added
in subsection (h)—
added
in paragraph (1)(B), by striking “chapter 137” and inserting “section 3201 through 3205”; and
added
in paragraph (2), by striking “section 2304(f)(2)” and “section 2304(f)(1)”, and inserting “paragraphs (3) and (4) of section 3204(e)” and “section 3204(e)(1)”, respectively.
added
Section 9 of the Small Business Act (15 U.S.C. 638) is amended in subsection (r)(4)(A) by striking “section 2304” and inserting “sections 3201 through 3205”.
added
Section 884(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 15 U.S.C. 638 note) is amended by striking “section 2500” and inserting “section 4801”.
added
Section 15 of the Small Business Act (15 U.S.C. 644) is amended—
added
in subsection (k)—
added
in paragraph (17)(B), by striking “section 2318” and inserting “section 3249”;
added
in paragraph (17)(C), by striking “chapter 142” and inserting “chapter 388”; and
added
in paragraph (18), by striking “section 2784” and inserting “section 4754”;
added
in subsection (r)(2), by striking “section 2304c(b)” and inserting “section 3406(c)”; and
added
in subsections (u) and (v), by striking “chapter 142” and inserting “chapter 388”.
added
Section 16 of the Small Business Act (15 U.S.C. 645) is amended in subsection (d)(3) by striking “chapter 142” and inserting “chapter 388”.
added
Section 272 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100–180; 15 U.S.C. 4602) is amended in subsection (c) by striking “section 2306a” and inserting “chapter 271”.
added
Amendments to titles 32, united states code (national guard) and 37, united states code (pay and allowances)—
added
Section 113 of title 32, United States Code, is amended in subsection (b)(1)(B) by striking “section 2304(c)” and inserting “section 3204(a)”.
added
Section 418 of title 37, United States Code, is amended in subsection (d)(2)(A)—
added
by striking “section 2533a” and inserting “section 4862”; and
added
by striking “chapter 137 of title 10” and inserting “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)”.
added
Amendments to title 40, united states code (public buildings)— Title 40, United States Code, is amended as follows:
added
Section 113(e) is amended—
added
in paragraph (3)—
added
by striking “chapter 137” and inserting “section 3063”; and
added
by striking “that chapter;” and inserting “the provisions of that title referred to in section 3016 of such title as “chapter 137 legacy provisions”;”; and
added
in paragraph (5), by striking “section 2535” and inserting “section 4881”.
added
Section 581(f)(1)(A) is amended by striking “section 2535” and inserting “section 4881”.
added
Amendments to title 41, united states code (public contracts)— Title 41, United States Code, is amended as follows:
added
Section 1127(b) is amended by striking “section 2324(e)(1)(P)” and inserting “section 3744(a)(16)”.
added
Section 1303(a)(1) is amended by striking “chapters 4 and 137 of title 10” and inserting “chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)”.
added
Section 1502(b)(1)(B) is amended by striking “section 2306a(a)(1)(A)(i)” and inserting “section 3702(a)(1)(A)”.
added
Section 1708(b)(2)(A) is amended by striking “section 2304(c)” and inserting “section 3204(a)”.
added
Section 1712(b)(2)(B) is amended by striking “section 2304(c)” and inserting “section 3204(a)”.
added
Section 1901(e)(2) is amended by striking “section 2304(f)” and inserting “section 3204(e)”.
added
Section 1903 is amended—
added
in subsection (b)(3), by striking “section 2304(g)(1)(B)” and inserting “section 3205(a)(2)”; and
added
in subsection (c)(2)(B), by striking “section 2306a” and inserting “chapter 271”.
added
Section 1907(a)(3)(B)(ii) is amended by striking “section 2305(e) and (f)” and inserting “section 3308”.
added
Section 1909(e) is amended by striking “section 2784” and inserting “section 4754”.
added
Section 2101(2)(A) is amended by striking “section 2306a(h)” and inserting “section 3701”.
added
Section 2311 is amended by striking “section 2371” and inserting “section 4002”.
added
Section 3302 is amended—
added
in subsection (a)(3)—
added
in subparagraph (A), by striking “section 2302(2)(C)” and inserting “section 3012(3)”; and
added
in subparagraph (B), by striking “sections 2304a to 2304d of title 10,” and inserting “chapter 245 of title 10”;
added
in subsection (c)(1)(A)(i), by striking “section 2304c(b)” and inserting “section 3406(c)”; and
added
in subsection (d)(1)(B), by striking “section 2304(f)(1)” and inserting “section 3204(e)(1)”.
added
Section 3307(e)(1) is amended by striking “chapter 140” and inserting “chapter 247”.
added
Section 4104 is amended—
added
in subsection (a), by striking “sections 2304a to 2304d” and inserting “chapter 245”; and
added
in subsection (b)—
added
in paragraph (1), by striking “sections 2304a to 2304d” and inserting “chapter 245”;
added
in paragraph (2)(B), by striking “section 2304c(b)” and inserting “section 3406(c)”; and
added
in paragraph (2)(C), by striking “section 2304c(c)” and inserting “section 3406(e)”.
added
Amendments to laws classified as notes in title 41, united states code—
added
Section 555 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 41 U.S.C. preceding 3101 note) is amended by striking “section 2305” in subsections (a)(4) and (c)(1) and inserting “sections 3206 through 3208 and sections 3301 through 3309”.
added
Section 846(f)(5) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 41 U.S.C. 1901 note) is amended by striking “section 2304” and inserting “sections 3201 through 3205”.
added
Section 811 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 41 U.S.C. 3304 note) is amended—
added
in subsection (a)(3), by striking “sections 2304(f)(1)(C) and 2304(l)” and inserting “sections 3204(e)(1)(C) and 3204(g)”; and
added
in subsection (c)—
added
in paragraph (1)(A), by striking “section 2304(f)(2)(D)(ii)” and inserting “section 3204(e)(4)(D)(ii)”;
added
in paragraph (2)(A), by striking “section 2302(1)” and inserting “section 3004”; and
added
in paragraph (3)(A), by striking “section 2304(f)(1)(B)” and inserting “section 3204(e)(1)(B)”.
added
Amendments to laws classified in title 42, united states code—
added
The Public Health Service Act (Public Law 78–410) is amended—
added
in section 301(a)(7) (42 U.S.C. 241(a)(7)), by striking “sections 2353 and 2354” and inserting “sections 3861 and 4141”; and
added
in section 405(b)(1) (42 U.S.C. 284(b)(1)), by striking “section 2354” and inserting “section 3861”.
added
Section 403(a) of the Housing Amendments of 1955 (42 U.S.C. 1594(a)) is amended by striking “section 3 of the Armed Services Procurement Act of 1947” and inserting “chapters 221 and 241 of title 10, United States Code”.
added
Title II of the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1986 (Public Law 99–160), is amended by striking “section 2354” in the last proviso in the paragraph under the heading “National Science Foundation — Research and Related Activities” (42 U.S.C. 1887) and inserting “section 3861”.
added
Section 306(b)(2) of the Disaster Mitigation Act of 2000 (42 U.S.C. 5206(b)(2)) is amended by striking “section 2393(c)” and inserting “section 4654(c)”.
added
Section 801(c)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287) is amended by striking “section 2304c(d)” and all that follows and inserting “section 3406(d) of title 10, United States Code, and section 4106(d) of title 41, United States Code.”.
added
Section 3021(a) of the Energy Policy Act of 1992 (42 U.S.C. 13556) is amended by striking “chapter 137 of title 10” and inserting “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code)”.
added
Amendments to laws classified in title 50, united states code—
added
Section 141(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 50 U.S.C. 1521a(a)) is amended by striking “section 2430” and inserting “section 4201”.
added
Section 502(a) of the National Emergencies Act (50 U.S.C. 1651(a)) is amended by striking paragraphs (1) through (5) and inserting the following:
added “(1) Chapters 1 to 11 of title 40, United States Code, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code.
added “(2) Section 3727(a)–(e)(1) of title 31, United States Code.
added “(3) Section 6305 of title 41, United States Code.
added “(4) Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431 et seq.).
added “(5) Section 3201(a) of title 10, United States Code.”
added
The Atomic Energy Defense Act is amended as follows:
added
Sections 4217 and 4311 (50 U.S.C. 2537, 2577) are each amended in subsection (a)(2) by striking “section 2432” and inserting “chapter 324”.
added
Section 4813 (50 U.S.C. 2794) is amended by striking “section 2500” in subsection (c)(1)(C) and inserting “section 4801”.
added
Section 107 of the Defense Production Act (50 U.S.C. 4517) is amended in subsection (b)(2)(B) by striking clauses (i) and (ii) and inserting the following:
added “(i) section 3203(a)(1)(B) or 3204(a)(3) of title 10, United States Code;
added “(ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41, United States Code; or”
added
Other amendments—
added
Section 1473H of the National Agriculture Advanced Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319k) is amended by striking “section 2371” in subsections (b)(6)(A) and (d)(1)(B) and inserting “section 4002”.
added
Section 1301 of title 17, United States Code, is amended in subsection (a)(3) by striking “section 2320” and inserting “subchapter I of chapter 275”.
added
Section 21 of the Arms Export Control Act (22 U.S.C. 2761) is amended by striking “chapter 137” in subsection (l)(4) and subsection (m)(4) and inserting “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code)”.
added
Section 3 of the Foreign Direct Investment and International Financial Data Improvements Act of 1990 (Public Law 101–533; 22 U.S.C. 3142) is amended in subsection (c)(2) by striking “section 2505” and inserting “section 4816”.
added
Section 3553 of title 31, United States Code, is amended in subsection (d)(4)(B) by striking “section 2305(b)(5)(B)(vii)” and inserting “section 3304(c)(7)”.
added
Section 226 of the Water Resources Development Act of 1992 (33 U.S.C. 569f) is amended by striking “section 2393(c)” and inserting “section 4654(c)”.
added
Section 40728B(e) of title 36, United States Code, is amended—
added
striking “subsection (k) of section 2304” and inserting “section 3201(e)”; and
added
by striking “subsection (c) of such section” and inserting “section 3204(a)”.
added
Section 1427(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 40 U.S.C. 1103 note) is amended by striking “sections 2304a and 2304b” and inserting “sections 3403 and 3405”.
added
Section 895(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 40 U.S.C. 11103 note) is amended by striking “section 2366a(d)(7)” and inserting “section 4251(d)(5)”.
added
Sections 50113(c), 50115(b), and 50132(a) of title 51, United States Code, are amended by striking “including chapters 137 and 140” and inserting “including applicable provisions of chapters 201 through 285, 341 through 343, and 363”.
added
Section 823(c)(3)(C) of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (Public Law 115–10; 51 U.S.C. preceding 30301 note) is amended by striking “section 2319” and inserting “section 3243”.
Sec. 2001 Short title
addedadded This division and title XLVI of division D may be cited as the “Military Construction Authorization Act for Fiscal Year 2022”.
Sec. 2002 Expiration of authorizations and amounts required to be specified by law
added
added
Expiration of authorizations after three years— Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
added
October 1, 2024; or
added
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025.
added
Exception— Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
added
October 1, 2024; or
added
the date of the enactment of an Act authorizing funds for fiscal year 2025 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
Sec. 2003 Effective date
addedadded Titles XXI through XXVII shall take effect on the later of—
added
October 1, 2021; or
added
the date of the enactment of this Act.
Sec. 2101 Authorized Army construction and land acquisition projects
added
added
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
added
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:
Sec. 2102 Family housing
added
added
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation, in the number of units or for the purpose, and in the amount set forth in the following table:
added
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $22,545,000.
Sec. 2103 Authorization of appropriations, Army
added
added
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
added
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2104 Extension of authority to carry out certain fiscal year 2017 project
added
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2688), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (130 Stat. 2689), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2105 Modification of authority to carry out certain fiscal year 2021 project
added
added
Modification of project authority— In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. _) for Fort Wainwright, Alaska, for construction of Unaccompanied Enlisted Personnel Housing, as specified in the funding table in section 4601 of such Public Law (134 Stat. _), the Secretary of the Army may construct—
added
an Unaccompanied Enlisted Personnel Housing building of 104,300 square feet to incorporate a modified standard design; and
added
an outdoor recreational shelter, sports fields and courts, barbecue and leisure area, and fitness stations associated with the Unaccompanied Enlisted Personnel Housing.
added
Modification of project amounts—
added
Division B table— The authorization table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. _) is amended in the item relating to Fort Wainwright, Alaska, by striking “$114,000,000” and inserting “$146,000,000” to reflect the project modification made by subsection (a).
added
Division D table— The funding table in section 4601 of Public Law 116–283 (134 Stat. _) is amended in the item relating to Fort Wainwright Unaccompanied Enlisted Personnel Housing by striking “$59,000” in the Conference Authorized column and inserting “$91,000” to reflect the project modification made by subsection (a).
Sec. 2106 Additional authorized funding source for certain fiscal year 2022 project
addedadded To carry out an unspecified minor military construction project in the amount of $3,600,000 at Aberdeen Proving Ground, Maryland, to construct a 6,000 square foot recycling center to meet the requirements of a qualified recycling program at the installation, the Secretary of the Army may use funds available to the Secretary under section 2667(e)(1)(C) of title 10, United States Code, in addition to funds appropriated for unspecified minor military construction for the project.
Sec. 2201 Authorized Navy construction and land acquisition projects
added
added
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
added
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installation outside the United States, and in the amount, set forth in the following table:
Sec. 2202 Family housing
added
added
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units or for the purposes, and in the amounts set forth in the following table:
added
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,634,000.
Sec. 2203 Authorization of appropriations, Navy
added
added
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.
added
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2301 Authorized Air Force construction and land acquisition projects
added
added
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
added
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2302 Family housing
added
added
Improvements to military family housing units— Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $105,528,000.
added
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $10,458,000.
Sec. 2303 Authorization of appropriations, Air Force
added
added
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
added
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2304 Extension of authority to carry out certain fiscal year 2017 projects
added
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2688), the authorizations set forth in the table in subsection (b), as provided in sections 2301 and 2902 of that Act (130 Stat. 2696, 2743), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2305 Modification of authority to carry out military construction projects at Tyndall Air Force Base, Florida
added
added
Fiscal year 2018 project— In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1825) for Tyndall Air Force Base, Florida, for construction of a Fire Station, as specified in the funding table in section 4601 of that Public Law (131 Stat. 2002), the Secretary of the Air Force may construct a crash rescue/structural fire station encompassing up to 3,588 square meters.
added
Fiscal year 2020 projects— In the case of the authorization contained in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1913) for Tyndall Air Force Base, Florida—
added
for construction of Site Development, Utilities, and Demo Phase 1, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—
added
up to 3,698 lineal meters of waste water utilities;
added
up to 6,306 lineal meters of storm water utilities; and
added
two emergency power backup generators;
added
for construction of Munitions Storage Facilities, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—
added
up to 4,393 square meters of aircraft support equipment storage yard;
added
up to 1,535 square meters of tactical missile maintenance facility; and
added
up to 560 square meters of missile warhead assembly and maintenance shop and storage;
added
for construction of 53 WEG Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—
added
up to 1,693 square meters of aircraft maintenance shop;
added
up to 1,458 square meters of fuel systems maintenance dock; and
added
up to 3,471 square meters of group headquarters;
added
for construction of 53 WEG Subscale Drone Facility, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 511 square meters of pilotless aircraft shop in a separate facility;
added
for construction of CE/Contracting/USACE Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—
added
up to 557 square meters of base engineer storage shed 6000 area; and
added
up to 183 square meters of non-Air Force administrative office;
added
for construction of Logistics Readiness Squadron Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—
added
up to 802 square meters of supply administrative headquarters;
added
up to 528 square meters of vehicle wash rack; and
added
up to 528 square meters of vehicle service rack;
added
for construction of Fire Station Silver Flag #4, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 651 square meters of fire station;
added
for construction of AFCEC RDT&E, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—
added
up to 501 square meters of CE Mat Test Runway Support Building;
added
up to 1,214 square meters of Robotics Range Control Support Building; and
added
up to 953 square meters of fire garage;
added
for construction of Flightline–Munitions Storage, 7000 Area, as specified in the funding table in section 4603 of that Public Law (133 Stat. 2103), the Secretary of the Air Force may construct—
added
up to 1,861 square meters of above ground magazines; and
added
up to 530 square meters of air support equipment shop/storage facility pad;
added
for construction of Site Development, Utilities and Demo Phase 2, as specified in such funding table and modified by section 2306(a)(6) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. _), the Secretary of the Air Force may construct—
added
up to 5,233 lineal meters of storm water utilities;
added
up to 48,560 square meters of roads;
added
up to 3,612 lineal meters of gas pipeline; and
added
up to 993 square meters of water fire pumping station with an emergency backup generator;
added
for construction of Tyndall AFB Gate Complexes, as specified in such funding table and modified by section 2306(a)(9) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. _), the Secretary of the Air Force may construct—
added
up to 52,694 square meters of roadway with serpentines; and
added
up to 20 active/passive barriers;
added
for construction of Deployment Center/Flight Line Dining/AAFES, as specified in such funding table and modified by section 2306(a)(11) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. _), the Secretary of the Air Force may construct up to 144 square meters of AAFES shoppette;
added
for construction of Airfield Drainage, as specified in such funding table and modified by section 2306(a)(12) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. _), the Secretary of the Air Force may construct—
added
up to 37,357 meters of drainage ditch;
added
up to 18,891 meters of storm drain piping;
added
up to 19,131 meters of box culvert;
added
up to 3,704 meters of concrete block swale;
added
up to 555 storm drain structures; and
added
up to 81,500 square meters of storm drain ponds; and
added
for construction of 325th Fighting Wing HQ Facility, as specified in such funding table and modified by section 2306(a)(13) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. _), the Secretary of the Air Force may construct up to 769 square meters of separate administrative space for SAPR/SARC.
Sec. 2401 Authorized Defense Agencies construction and land acquisition projects
added
added
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
added
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amount, set forth in the following table:
Sec. 2402 Authorized Energy Resilience and Conservation Investment Program projects
added
added
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table:
added
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2403 Authorization of appropriations, Defense Agencies
added
added
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.
added
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Sec. 2404 Extension of authority to carry out certain fiscal year 2017 project
added
added
Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2688), the authorization set forth in the table in subsection (b), as provided in section 2401 of that Act (130 Stat. 2700), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
added
Table— The table referred to in subsection (a) is as follows:
Sec. 2501 Authorized NATO construction and land acquisition projects
addedadded The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
Sec. 2502 Authorization of appropriations, NATO
addedadded Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.
Sec. 2511 Republic of Korea funded construction projects
added
added
Authority to accept projects— Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table:
added
Authorized approach to certain construction project— Section 2350k of title 10, United States Code, shall apply with respect to the construction of the Black Hat Intelligence Fusion Center at Camp Humphreys, Republic of Korea, as set forth in the table in subsection (a).
Sec. 2512 Republic of Poland funded construction projects
addedadded Pursuant to agreement with the Republic of Poland for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Poland, and in the amounts, set forth in the following table:
Sec. 2601 Authorized Army National Guard construction and land acquisition projects
addedadded Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard installations or locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2602 Authorized Army Reserve construction and land acquisition projects
addedadded Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve installations or locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2603 Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects
addedadded Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve installations or locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2604 Authorized Air National Guard construction and land acquisition projects
addedadded Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard installations or locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2605 Authorized Air Force Reserve construction and land acquisition projects
addedadded Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations inside the United States, and in the amounts, set forth in the following table:
Sec. 2606 Authorization of appropriations, National Guard and Reserve
addedadded Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.
Sec. 2701 Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account
addedadded Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), as specified in the funding table in section 4601.
Sec. 2702 Conditions on closure of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado
added
added
Submission of final closure and disposal plans—
added
Plans required— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives—
added
a plan for the final closure of Pueblo Chemical Depot, Colorado, upon the completion of the chemical demilitarization mission of the Chemical Agent-Destruction Pilot Plant at Pueblo Chemical Depot; and
added
a plan for the disposal of all remaining land, buildings, facilities, and equipment at Pueblo Chemical Depot.
added
Local Redevelopment Authority role— In preparing the disposal plan required by paragraph (1)(B), the Secretary of the Army shall recognize the appropriate role of the Local Redevelopment Authority.
added
Definition— In this section, the term “Local Redevelopment Authority” means the Local Redevelopment Authority for Pueblo Chemical Depot, as recognized by the Office of Local Defense Community Cooperation.
added
Local Redevelopment Authority Eligibility for Assistance— The Secretary of Defense, acting through the Office of Local Defense Community Cooperation, may make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist the Local Redevelopment Authority in planning community adjustments and economic diversification required by the closure of Pueblo Chemical Depot and the Chemical Agent-Destruction Pilot Plant if the Secretary determines that the closure is likely to have a direct and significantly adverse consequence on nearby communities.
added
General closure, realignment, and disposal prohibition—
added
Prohibition; certain recipient excepted— During the period specified in paragraph (2), the Secretary of the Army shall take no action—
added
to close or realign Pueblo Chemical Depot or the Chemical Agent-Destruction Pilot Plant; or
added
to dispose of any land, building, facility, or equipment that comprises any portion of Pueblo Chemical Depot or the Chemical Agent-Destruction Pilot Plant other than to the Local Redevelopment Authority.
added
Duration— The prohibition imposed by paragraph (1) shall apply pending a final closure and disposal decision for Pueblo Chemical Depot following submission of the final closure and disposal plans required by subsection (a).
added
Prohibition on Demolition or disposal related to Chemical Agent-Destruction Pilot Plant—
added
Prohibition; certain recipient excepted— During the period specified in paragraph (4), the Secretary of the Army may not—
added
demolish any building, facility, or equipment described in paragraph (2) that comprises any portion of the Chemical Agent-Destruction Pilot Plant; or
added
dispose of such building, facility, or equipment other than to the Local Redevelopment Authority.
added
Covered buildings, facilities, and equipment— The prohibition imposed by paragraph (1) shall apply to the following:
added
Any building, facility, or equipment where chemical munitions were present, but where contamination did not occur, which are considered by the Secretary of the Army as clean, safe, and acceptable for reuse by the public, after a risk assessment by the Secretary.
added
Any building, facility, or equipment that was not contaminated by chemical munitions and that was without the potential to be contaminated, such as office buildings, parts warehouses, or utility infrastructure, which are considered by the Secretary of the Army as suitable for reuse by the public.
added
Exception— The prohibition imposed by paragraph (1) shall not apply to any building, facility, or equipment otherwise described in paragraph (2) for which the Local Redevelopment Authority provides to the Secretary of the Army a written determination specifying that the building, facility, or equipment is not needed for community adjustment and economic diversification following the closure of the Chemical Agent-Destruction Pilot Plant.
added
Duration— The prohibition imposed by paragraph (1) shall apply for a period of not less than three years beginning on the date of the enactment of this Act.
Sec. 2801 Special construction authority to use operation and maintenance funds to meet certain United States military-related construction needs in friendly foreign countries
addedadded Section 2804 of title 10, United States Code, is amended to read as follows:
added “2804. Special construction authority for certain military-related construction needs in friendly foreign countries
added “(a) Construction authorized—The Secretary concerned may carry out a construction project in a friendly foreign country, and perform planning and design to support such a project, that the Secretary determines meets each of the following conditions:
added “(1) The commander of the geographic combatant command in which the construction project will be carried out identified the construction project as necessary to support vital United States military requirements related to strategic laydown opportunities at an air port of debarkation, sea port of debarkation, or rail or other logistics support location.
added “(2) The construction project will not carried out at a military installation that is considered a main operating base.
added “(3) The use of construction authority under this section is not duplicative of other construction authorities available to the Secretary concerned to carry out the construction project.
added “(4) The funds made available under the authority of this section for the construction project—
added “(A) will be sufficient to produce a complete and usable facility or other improvement or complete the repair of an existing facility or improvement; to and
added “(B) will not require additional funds from other Department of Defense accounts.
added “(5) The level of construction will be the minimum necessary to meet the vital military requirements identified under paragraph (1).
added “(6) Deferral of the construction project pending inclusion of the project proposal in the next budget submission is inconsistent with the vital military requirements identified under paragraph (1) and other national security or national interests of the United States.
added “(b) Use of Operation and Maintenance Funds—The Secretary concerned may obligate from appropriations available to the Secretary concerned for operation and maintenance amounts necessary to carry out a covered construction project.
added “(c) Notification of Proposed Obligation of Funds
added “(1) Notification required—Before using appropriated funds available for operation and maintenance to carry out a covered construction project that has an estimated cost in excess of the amounts authorized for unspecified minor military construction projects under section 2805(c) of this title, the Secretary concerned shall submit to the specified congressional committees the following notices:
added “(A) A notice regarding the proposed initiation of planning and design for the covered construction project.
added “(B) A notice regarding the proposed solicitation of a contract for the covered construction project.
added “(2) Notification elements—The notices required by paragraph (1) with regard to a covered construction project shall include the following:
added “(A) A certification that the conditions specified in subsection (a) are satisfied with regard to the covered construction project.
added “(B) A description of the purpose for which appropriated funds available for operation and maintenance will be obligated.
added “(C) All relevant documentation detailing the covered construction project, including planning and design.
added “(D) An estimate of the total amount to be obligated for the covered construction project.
added “(E) An explanation of the harm to national security or national interests that would occur if the covered construction project was deferred to permit inclusion in the next budget submission.
added “(3) Notice and wait—A covered construction project may be carried out only after the end of the 30-day period beginning on the date the second notice required by paragraph (1) is received by the specified congressional committees, including when a copy of the notification is provided in an electronic medium pursuant to section 480 of this title.
added “(4) Effect of failure to submit notifications—If the notices required by paragraph (1) with regard to a covered construction project are not submitted to the specified congressional committees by the required date, appropriated funds available for operation and maintenance may not be obligated or expended after that date under the authority of this section to carry out covered construction projects until the date on which all late notices are finally submitted.
added “(d) Annual Limitations on Use of Authority
added “(1) Total cost limitation—For each fiscal year, the total cost of the covered construction projects carried out by each Secretary concerned using, in whole or in part, appropriated funds available for operation and maintenance shall not exceed $50,000,000.
added “(2) Additional obligation authority—Notwithstanding paragraph (1), the Secretary of Defense may authorize the obligation under this section of not more than an additional $10,000,000 of appropriated funds available for operation and maintenance for a fiscal year if the Secretary determines that the additional funds are needed for costs associated with contract closeouts.
added “(3) Project limitation—The total amount of operation and maintenance funds used for a single covered construction project shall not exceed $10,000,000.
added “(e) Relation to other authorities—This section, section 2805 of this title, and section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723) are the only authorities available to the Secretary concerned to use appropriated funds available for operation and maintenance to carry out construction projects.
added “(f) Definitions—In this section:
added “(1) The term “covered construction project” means a construction project meeting the conditions specified in subsection (a) that the Secretary concerned may carry out using appropriated funds available for operation and maintenance under the authority of this section.
added “(2) The term “specified congressional committees” means—
added “(A) the Committee on Armed Services and the Subcommittee on Defense and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate; and
added “(B) the Committee on Armed Services and the Subcommittee on Defense and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives.
added “(g) Duration—The authority of the Secretary concerned to commence a covered construction project under the authority of this section shall expire on September 30, 2026.”
Sec. 2802 Increase in maximum amount authorized for use of unspecified minor military construction project authority
addedadded Section 2805(a)(2) of title 10, United States Code, is amended by striking “$6,000,000” and inserting “$8,000,000”.
Sec. 2803 Increased transparency and public availability of information regarding solicitation and award of subcontracts under military construction contracts
added
added
Availability of certain information relating to military construction subcontracts— Section 2851 of title 10, United States Code, is amended—
added
by redesignating subsection (d) as subsection (f); and
added
by inserting after subsection (c) the following new subsections:
added “(d) Information and notice requirements regarding solicitation and award of subcontracts
added “(1) The recipient of a contract for a construction project described in subsection (c)(1) to be carried out in a State shall make publicly available on a website of the General Services Administration or the Small Business Administration, as applicable, any solicitation made by the contract recipient under the contract for a subcontract with an estimated value of $250,000 or more.
added “(2) The Secretary of Defense shall—
added “(A) maintain on the Internet site required by subsection (c)(1) information regarding the solicitation date and award date (or anticipated date) for each subcontract described in paragraph (1);
added “(B) submit written notice of the award of the original contract for a project described in subsection (c)(1) to be carried out in a State, and each subcontract described in paragraph (1) under the contract, to each State agency that enforces workers’ compensation or minimum wage laws in the State in which the contract or subcontract will be carried out; and
added “(C) in the case of the award of a contract for a project described in subsection (c)(1) to be carried out in a State, and any subcontract described in paragraph (1) under the contract, with an estimated value of $2,000,000 or more, submit written notice of the award of the contract or subcontract within 30 days after the award to each Senator of the State in which the contract or subcontract will be carried out and the Member of the House of Representatives representing the congressional district in which the contract or subcontract will be carried out.
added “(3) In this subsection:
added “(A) The term “Member of the House of Representatives” includes a Delegate to the House of Representatives and the Resident Commissioner from Puerto Rico.
added “(B) The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
added “(e) Exclusion of classified projects—Subsections (c) and (d) do not apply to a classified construction project otherwise described in subsection (c)(1).”
added
Applicability— Subsection (d) of section 2851 of title 10, United States Code, as added by subsection (a)(2), shall apply with respect to a contract for a construction project described in subsection (c)(1) of such section that—
added
is entered into on or after the date of the enactment of this Act; or
added
was entered into before the date of the enactment of this Act, if the first solicitation made by the contract recipient under the contract for a subcontract with an estimated value of $250,000 or more is made on or after the date of the enactment of this Act.
Sec. 2804 Public availability of information on Facilities Sustainment, Restoration, and Modernization projects and activities
addedadded Section 2851(c)(1) of title 10, United States Code, is amended—
added
by redesignating subparagraph (E) as subparagraph (F);
added
by inserting after subparagraph (D) the following new subparagraph (E):
added “(E) Each military department project or activity with a total cost in excess of $15,000,000 for Facilities Sustainment, Restoration, and Modernization.”
added
in subparagraph (F), as so redesignated, by inserting after “construction project” the following: “, military department Facilities Sustainment, Restoration, and Modernization project or activity,”.
Sec. 2805 Limitations on authorized cost and scope of work variations
added
added
Process for approving certain exceptions; limitations— Subsections (c) and (d) of section 2853 of title 10, United States Code, are amended to read as follows:
added “(c) Exceptions to limitation on cost variations and scope of work reductions
added “(1)
added “(A) Except as provided in subparagraph (D), the Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve an increase in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost increase in the manner provided in this paragraph.
added “(B) The notification required by subparagraph (A) shall—
added “(i) identify the amount of the cost increase and the reasons for the increase;
added “(ii) certify that the cost increase is sufficient to meet the mission requirement identified in the justification data provided to Congress as part of the request for authorization of the project; and
added “(iii) describe the funds proposed to be used to finance the cost increase.
added “(C) A waiver and approval by the Secretary concerned under subparagraph (A) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title.
added “(D) The Secretary concerned may not use the authority provided by subparagraph (A) to waive the cost limitation applicable to a military construction project or a military family housing project and approve an increase in the cost authorized for the project that would increase the project cost by more than 50 percent of the total authorized cost of the project.
added “(E) In addition to the notification required by this paragraph, subsection (f) applies whenever a military construction project or military family housing project with a total authorized cost greater than $40,000,000 will have a cost increase of 25 percent or more. Subsection (f) may not be construed to authorize a cost increase in excess of the limitation imposed by subparagraph (D).
added “(2)
added “(A) The Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve a decrease in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost decrease not later than 14 days after the date funds are obligated in connection with the project.
added “(B) The notification required by subparagraph (A) shall be provided in an electronic medium pursuant to section 480 of this title.
added “(3)
added “(A) The Secretary concerned may waive the limitation on a reduction in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve a scope of work reduction for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this paragraph.
added “(B) The notification required by subparagraph (A) shall—
added “(i) describe the reduction in the scope of work and the reasons for the decrease; and
added “(ii) certify that the mission requirement identified in the justification data provided to Congress can still be met with the reduced scope.
added “(C) A waiver and approval by the Secretary concerned under subparagraph (A) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title.
added “(d) Exceptions to limitation on scope of work increases
added “(1) Except as provided in paragraph (4), the Secretary concerned may waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve an increase in the scope of work for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this subsection.
added “(2) The notification required by paragraph (1) shall describe the increase in the scope of work and the reasons for the increase.
added “(3) A waiver and approval by the Secretary concerned under paragraph (1) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such paragraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title.
added “(4) The Secretary concerned may not use the authority provided by paragraph (1) to waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project and approve an increase in the scope of work for the project that would increase the scope of work by more than 10 percent of the amount specified for the project in the justification data provided to Congress as part of the request for authorization of the project.”
added
Conforming amendment related to calculating limitation on cost variations— Section 2853(a) of title 10, United States Code, is amended by striking “the amount appropriated for such project” and inserting “the total authorized cost of the project”
added
Clerical amendments— Section 2853 of title 10, United States Code, is further amended—
added
in subsection (a), by inserting “Cost variations authorized; limitation.—” after the enumerator “(a)”;
added
in subsection (b), by inserting “Scope of work variations authorized; limitation.—” after the enumerator “(b)”;
added
in subsection (e), by inserting “Additional cost variation exceptions.—” after the enumerator “(e)”;
added
in subsection (f), by inserting “Additional reporting requirement for certain cost increases.—” after the enumerator “(f)”; and
added
in subsection (g), by inserting “Relation to other law.—” after the enumerator “(g)”.
Sec. 2806 Use of qualified apprentices by military construction contractors
added
added
Establishment of apprenticeship use certification requirement— Subchapter III of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:
added “2870. Use of qualified apprentices by military construction contractors
added “(a) Certification Required—The Secretary of Defense shall require each offeror for a contract for a military construction project to certify to the Secretary that, if awarded such a contract, the offeror will—
added “(1) establish a goal that not less than 20 percent of the total workforce employed in the performance of such a contract are qualified apprentices; and
added “(2) ensure that each contractor and subcontractor that employs four or more workers in a particular classification to perform construction activities on such a contract shall employ one or more qualified apprentices in the same classification for the purpose of meeting the goal established pursuant to paragraph (1).
added “(b) Incentives—The Secretary of Defense shall develop incentives for offerors for a contract for military construction projects to meet or exceed the goal described in subsection (a).
added “(c) Consideration of use of qualified apprentices
added “(1) Revision required—Not later than one year after the date of the enactment of this section, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or record contractor past performance includes an analysis of whether the contractor has made a good faith effort to meet or exceed the goal described in subsection (a), including consideration of the actual number of qualified apprentices used by the contractor on a contract for a military construction project, as part of the past performance rating of such contractor.
added “(2) Implementation—Upon revision of the Department of Defense Supplement to the Federal Acquisition Regulation, contractors working on a military construction project shall submit to the Department of Defense such reports or information as required by the Secretary, which may include total labor hours to be performed on a contract for a military construction project, the number of qualified apprentices to be employed on a contract for a military construction project, and demographic information on nontraditional apprentice populations.
added “(d) Qualified apprentice defined—In this section, the term “qualified apprentice” means an employee participating in an apprenticeship program registered with the Office of Apprenticeship of the Employment Training Administration of the Department of Labor or a State apprenticeship agency recognized by the Office of Apprenticeship pursuant to the Act of August 16, 1937 (popularly known as the National Apprenticeship Act; 29 U.S.C. 50 et seq.).
added “(e) Apprentice-to-Journeyworker Ratio—Nothing in this section shall relieve a contractor or subcontractor on a military construction project of the obligation of the contractor or subcontractor to comply with all applicable requirements for apprentice-to-journeyworker ratios established by the Department of Labor or the State Apprenticeship Agency, whichever applies in the State in which the military construction project is carried out.
added “(f) Applicability—Subsection (a) shall apply with respect to each military construction project whose first advertisement for bid occurs on or after the end of the one-year period beginning on the date of the enactment of this section.”
added
Reports to congress— Not later than three months after the date of the enactment of this Act, nine months after the date of the enactment of this Act, and upon revision of the Department of Defense Supplement to the Federal Acquisition Regulation required by subsection (c) of section 2870 of title 10, United States Code, as added by subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report providing a status update on the implementation of the requirements of such section. Each status update shall identify major milestones in such implementation, challenges to such implementation, and such other information as the Secretary considers appropriate.
Sec. 2807 Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States
added
added
Two-year Extension of authority— Subsection (h) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2806(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. __), is further amended—
added
in paragraph (1), by striking “December 31, 2021” and inserting “December 31, 2023”; and
added
paragraph (2), by striking “fiscal year 2022” and inserting “fiscal year 2024”.
added
Continuation of limitation on use of authority— Subsection (c)(1) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by subsections (b) and (c) of section 2806 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. __), is further amended—
added
by striking subparagraphs (A) and (B);
added
by redesignating subparagraph (C) as subparagraph (A); and
added
by adding at the end the following new subparagraphs:
added “(B) The period beginning October 1, 2021, and ending on the earlier of December 31, 2022, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2023.
added “(C) The period beginning October 1, 2022, and ending on the earlier of December 31, 2023, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2024.”
added
Establishment of project monetary limitation— Subsection (c) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723) is amended by adding at the end the following new paragraph:
added “(3) The total amount of operation and maintenance funds used for a single construction project carried out under the authority of this section shall not exceed $15,000,000.”
added
Modification of Notice and wait requirement— Subsection (b) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723) is amended—
added
by striking “10-day period” and inserting “14-day period”; and
added
by striking “or, if earlier, the end of the 7-day period beginning on the date on which” and inserting “, including when”.
Sec. 2811 Applicability of window fall prevention requirements to all military family housing whether privatized or Government‑owned and Government‑controlled
added
added
Transfer of window fall prevention section to military family housing administration subchapter— Section 2879 of title 10, United States Code—
added
is transferred to appear after section 2856 of such title; and
added
is redesignated as section 2857.
added
Applicability of section to all military family housing— Section 2857 of title 10, United States Code, as transferred and redesignated by subsection (a), is amended—
added
in subsection (a)(1), by striking “acquired or constructed under this chapter”;
added
in subsection (b)(1), by striking “acquired or constructed under this chapter”; and
added
by adding at the end the following new subsection:
added “(e) Applicability to all military family housing—This section applies to military family housing under the jurisdiction of the Department of Defense and military family housing acquired or constructed under subchapter IV of this chapter.”
added
Implementation plan— In the report required to be submitted in 2022 pursuant to subsection (d) of section 2857 of title 10, United States Code, as transferred and redesignated by subsection (a) and amended by subsection (b), the Secretary of Defense shall include a plan for implementation of the fall protection devices described in subsection (a)(3) of such section as required by such section.
added
Limitation on Use of Funds pending submission of overdue report— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Assistant Secretary of Defense for Installations and Sustainment, not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense certifies to the congressional defense committees that—
added
the independent assessment required by section 2817(b) of the Military Construction Authorization Act of 2018 (division B of Public Law 115–91; 131 Stat. 1852) has been initiated; and
added
the Secretary expects the report containing the results of the assessment to be submitted to the congressional defense committees by September 1, 2022.
Sec. 2812 Modification of military housing to accommodate tenants with disabilities
addedadded Section 2891a(d)(11) of title 10, United States Code, is amended—
added
by inserting “(A)” after “(11)”; and
added
by adding at the end the following new subparagraph:
added “(B) Once a landlord is informed of the disability of a tenant who has a disability (as such term is defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) and who occupies or will occupy a housing unit provided by the landlord, the landlord is responsible for modifying the housing unit as necessary to comply with standards under such Act (42 U.S.C. 12101 et seq.) to facilitate occupancy of the housing unit by the tenant.”
Sec. 2813 Required investments in improving military unaccompanied housing
added
added
Investments in military unaccompanied housing—
added
Investments required— Of the total amount authorized to be appropriated by the National Defense Authorization Act for a covered fiscal year for Facilities Sustainment, Restoration, and Modernization activities of a military department, the Secretary of that military department shall reserve an amount equal to five percent of the estimated replacement cost of the inventory of unimproved military unaccompanied housing under the jurisdiction of that Secretary for the purpose of carrying out projects for the improvement of military unaccompanied housing.
added
Definitions— In this subsection:
added
The term “military unaccompanied housing” means military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents.
added
The term “replacement cost”, with respect to military unaccompanied housing, means the amount that would be required to replace the remaining service potential of that military unaccompanied housing.
added
Duration of investment requirement— Paragraph (1) shall apply for fiscal years 2022 through 2026.
added
Comptroller General Assessment—
added
Assessment required— The Comptroller General of the United States shall conduct an independent assessment of the condition of unaccompanied military housing under the jurisdiction of the Secretaries of the military departments. As elements of the assessment, the Comptroller General shall analyze—
added
how the prioritization of Facilities Sustainment, Restoration, and Modernization outlays has impacted department infrastructure identified as quality-of-life infrastructure;
added
how that prioritization interacts with the regular budget process for military construction projects; and
added
the extent to which Facilities Sustainment, Restoration, and Modernization funds are being used to improve quality-of-life infrastructure.
added
Briefing— Not later than February 2, 2022, the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the assessment conducted pursuant to paragraph (1).
added
Report— No later than December 31, 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the assessment conducted pursuant to paragraph (1).
Sec. 2814 Improvement of Department of Defense child development centers and increased availability of child care for children of military personnel
added
added
Safety inspection of child development centers—
added
Safety inspection required— Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall complete an inspection of all facilities under the jurisdiction of that Secretary used as a child development center to identify any unresolved safety issues, including lead, asbestos, and mold, that adversely impact the facilities.
added
Reporting requirement—
added
Report required— Not later than 90 days after completing the safety inspections required by paragraph (1), the Secretary of the military department concerned shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the safety inspections.
added
Report elements— The Secretary of a military department shall include in the report prepared by that Secretary the following:
added
The identity and location of each child development center at which unresolved safety issues, including lead, asbestos, and mold, were found.
added
For each identified child development center—
added
a description of the safety issues found; and
added
the proposed plan and schedule and projected cost to remediate the safety issues found.
added
Ten-year facility improvement plan for child development centers—
added
Facility improvement plan required— Each Secretary of a military department shall establish a plan to renovate facilities under the jurisdiction of that Secretary used as a child development center so that, no later December 31, 2031—
added
no child development center is identified as being in poor or failing condition according to the facility condition index of that military department; and
added
all facility projects involving a child development center that were included on the priority lists within Appendix C of the “Department of Defense Report to the Congressional Defense Committees On Department of Defense Child Development Programs” published in 2020 are completed.
added
Report on facilities improvement plan— Not later than 180 days after the date of the enactment of this Act, the Secretary of the military department concerned shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the facilities improvement plan established by that Secretary pursuant to paragraph (1). The report shall include the following:
added
Details regarding the child development center facility improvement plan.
added
An estimate of the funding required to complete the facility improvement plan before the deadline specified in paragraph (1).
added
The plan of the Secretary to obtain the funding necessary to complete the facility improvement plan.
added
Any additional statutory authorities that the Secretary needs to complete the facility improvement plan before the deadline specified in paragraph (1).
added
A plan to execute preventive maintenance on other child development center facilities to prevent more from degrading to poor or failing condition.
added
Status reports— Not later than 18 months after the date of the enactment of this Act, and every 12 months thereafter until the date specified in paragraph (1), the Secretary of the military department concerned shall submit to the Committees on Armed Services of the Senate and the House of Representatives a status report on the progress made by that Secretary toward accomplishing the facility improvement plan established by that Secretary pursuant to paragraph (1). Such a report shall include the following:
added
Details about projects planned, funded, under construction, and completed under the facility improvement plan.
added
Updated funding requirements to complete all child development center facility construction under the facility improvement plan.
added
Any changes to the plan of the Secretary to obtain the funding necessary to complete the facility improvement plan.
added
Any additional statutory authorities that the Secretary needs to complete the facility improvement plan before the deadline specified in paragraph (1).
added
Public-private partnerships for child care for children of military personnel—
added
In general— Not later than one year after the date of the enactment of this Act and pursuant to regulations prescribed by the Secretary of Defense, each Secretary of a military department shall seek to enter into at least one agreement with a private entity to provide child care to the children of personnel (including members of the Armed Forces and civilian employees of the Department of Defense) under the jurisdiction of that Secretary.
added
Reporting—
added
Preliminary reports— Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretaries of the military departments shall jointly submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding progress in carrying out paragraph (1).
added
Regular reports— Upon entering into an agreement under paragraph (1) and annually thereafter until the termination of such agreement, the Secretary of the military department concerned shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding such agreement. Such a report shall include—
added
the terms of the agreement, including cost to the United States;
added
the number of children described in paragraph (1) projected to receive child care under such agreement; and
added
if applicable, the actual number of children described in paragraph (1) who received child care under such agreement served during the previous year.
added
Child development center defined— In this section, the term “child development center” has the meaning given that term in section 2871(2) of title 10, United States Code, and includes facilities identified as a child care center or day care center.
Sec. 2821 Secretary of the Navy authority to support development and operation of National Museum of the United States Navy
addedadded Chapter 861 of title 10, United States Code, is amended by inserting after section 8616 the following new section:
added “8617. National Museum of the United States Navy
added “(a) Authority to support development and operation of Museum
added “(1) The Secretary of the Navy may select and enter into a contract, cooperative agreement, or other agreement with one or more eligible nonprofit organizations to support the development, design, construction, renovation, or operation of a multipurpose museum to serve as the National Museum of the United States Navy.
added “(2) The Secretary may—
added “(A) authorize a partner organization to contract for each phase of development, design, construction, renovation, or operation of the museum, or all such phases; or
added “(B) authorize acceptance of funds from a partner organization for each or all such phases.
added “(b) Purposes of museum
added “(1) The museum shall be used for the identification, curation, storage, and public viewing of artifacts and artwork of significance to the Navy, as agreed to by the Secretary of the Navy.
added “(2) The museum also may be used to support such education, training, research, and associated activities as the Secretary considers compatible with and in support of the museum and the mission of the Naval History and Heritage Command.
added “(c) Acceptance upon completion—Upon the satisfactory completion, as determined by the Secretary of the Navy, of any phase of the museum, and upon the satisfaction of any financial obligations incident thereto, the Secretary shall accept such phase of the museum from the partner organization, and all right, title, and interest in and to such phase of the museum shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over such phase of the museum.
added “(d) Lease authority
added “(1) The Secretary of the Navy may lease portions of the museum to an eligible nonprofit organization for use in generating revenue for the support of activities of the museum and for such administrative purposes as may be necessary for support of the museum. Such a lease may not include any part of the collection of the museum.
added “(2) Any rent received by the Secretary under a lease under paragraph (1), including rent-in-kind, shall be used solely to cover or defray the costs of development, maintenance, or operation of the museum.
added “(e) Authority to accept gifts
added “(1) The Secretary of the Navy may accept, hold, administer, and spend any gift, devise, or bequest of real property, personal property, or money made on the condition that the gift, devise, or bequest be used for the benefit, or in connection with, the establishment, operation, or maintenance, of the museum. Section 2601 (other than subsections (b), (c), and (e)) of this title shall apply to gifts accepted under this subsection.
added “(2) The Secretary may display at the museum recognition for an individual or organization that contributes money to a partner organization, or an individual or organization that contributes a gift directly to the Navy, for the benefit of the museum, whether or not the contribution is subject to the condition that the recognition be provided. The Secretary shall prescribe regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards.
added “(3) The Secretary may authorize the sale of donated property received under paragraph (1). A sale under this paragraph need not be conducted in accordance with disposal requirements that would otherwise apply, so long as the sale is conducted at arms-length and includes an auditable transaction record.
added “(4) Any money received under paragraph (1) and any proceeds from the sale of property under paragraph (3) shall be deposited into a fund established in the Treasury to support the museum.
added “(f) Additional terms and conditions—The Secretary of the Navy may require such additional terms and conditions in connection with a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d) as the Secretary considers appropriate to protect the interests of the United States.
added “(g) Use of Navy indicators
added “(1) In a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d), the Secretary of the Navy may authorize, consistent with section 2260 (other than subsection (d)) of this title, a partner organization to enter into licensing, marketing, and sponsorship agreements relating to Navy indicators, including the manufacture and sale of merchandise for sale by the museum, subject to the approval of the Department of the Navy.
added “(2) No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the Navy indicator would compromise the integrity or appearance of integrity of any program of the Department of the Navy.
added “(h) Definitions—In this section:
added “(1) The term “eligible nonprofit organization” means an entity that—
added “(A) qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; and
added “(B) has as its primary purpose the preservation and promotion of the history and heritage of the Navy.
added “(2) The term “museum” means the National Museum of the United States Navy, including its facilities and grounds.
added “(3) The term “Navy indicators” includes trademarks and service marks, names, identities, abbreviations, official insignia, seals, emblems, and acronyms of the Navy and Marine Corps, including underlying units, and specifically includes the term “National Museum of the United States Navy”.
added “(4) The term “partner organization” means an eligible nonprofit organization with whom the Secretary of the Navy enters into a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d).”
Sec. 2822 Expansion of Secretary of the Navy authority to lease and license United States Navy museum facilities to generate revenue to support museum administration and operations
added
added
Inclusion of additional United States Navy museums— Section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3530) is amended—
added
in subsection (a)—
added
by striking the text preceding paragraph (1) and inserting “The Secretary of the Navy may lease or license any portion of the facilities of a United States Navy museum to a foundation established to support that museum for the purpose of permitting the foundation to carry out the following activities:”; and
added
in paragraphs (1) and (2), by striking “the United States Navy Museum” and inserting “that United States Navy museum”;
added
in subsection (b), by striking “the United States Navy Museum” and inserting “the United States Navy museum of which the facility is a part”;
added
in subsection (c), by striking “the Naval Historical Foundation” and inserting “a foundation described in subsection (a)”; and
added
in subsection (d)—
added
by striking “the United States Navy Museum” and inserting “the applicable United States Navy museum”; and
added
by striking “the Museum” and inserting “that museum”.
added
United States Navy museum defined— Section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3530) is amended by adding at the end the following new subsection:
added “(f) United States Navy museum—In this section, the term “United States Navy museum” means a museum under the jurisdiction of the Secretary of Defense and operated through the Naval History and Heritage Command.”
added
Conforming clerical amendment— The heading of section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3530) is amended by striking “at Washington, Navy Yard, District of Columbia”.
Sec. 2823 Department of Defense monitoring of real property ownership and occupancy in vicinity of military installations to identify foreign adversary ownership or occupancy
addedadded Section 2661 of title 10, United States Code, is amended—
added
by redesignating subsection (d) as subsection (e); and
added
by inserting after subsection (c) the following new subsection (d):
added “(d) Identification of foreign adversary ownership or occupancy of real property in vicinity of military installations
added “(1) The Secretary of Defense and each Secretary of a military department shall monitor real property ownership and occupancy in the vicinity of military installations under the jurisdiction of the Secretary concerned inside and outside of the United States to identify instances in which a foreign adversary owns or occupies, or the Secretary concerned determines a foreign adversary is seeking to own or occupy, real property in the vicinity of a military installation.
added “(2) Not later than March 1 each year, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the following:
added “(A) A description of all real property in the vicinity of military installations that the Secretary concerned—
added “(i) has identified under paragraph (1) as owned or occupied by a foreign adversary; or
added “(ii) has determined under paragraph (1) that a foreign adversary is seeking to own or occupy.
added “(B) Changes in foreign adversary ownership or occupancy of real property in the vicinity of military installations since the previous report.
added “(C) Recommendations regarding the appropriate response to such foreign adversary ownership or occupancy of real property in the vicinity of military installations.
added “(3) A report under paragraph (2) shall be submitted in unclassified form, but may contain a classified annex as necessary.
added “(4) In this section:
added “(A) The term “foreign adversary” has the meaning given that term in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c)(2)). The term includes agents of, and partnerships and corporations including, a foreign adversary.
added “(B) The term “military installation” does not include a contingency overseas military location described in section 2687a(a)(3)(A)(iii) of this title.
added “(C) The term “vicinity”, with respect to proximity to a military installation, means—
added “(i) real property adjacent to the boundary of a military installation; and
added “(ii) real property any part of which is located within 10 miles of the boundary of a military installation.”
Sec. 2831 Cooperation with State and local governments in development of master plans for major military installations
addedadded Section 2864(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added “(3)
added “(A) The commander of a major military installation shall develop and update the master plan for that major military installation in consultation with representatives of the government of the State in which the installation is located and representatives of local governments in the vicinity of the installation to improve cooperation and consistency between the Department of Defense and such governments in addressing each component of the master plan described in paragraph (1).
added “(B) The consultation required by subparagraph (A) is in addition to the consultation specifically required by subsection (b)(1) in connection with the transportation component of the master plan for a major military installation.”
Sec. 2832 Prompt completion of military installation resilience component of master plans for at-risk major military installations
added
added
Identification of at-Risk installations— Not later than 30 days after the date of the enactment of this Act, each Secretary of a military department shall—
added
identify at least two major military installations under the jurisdiction of that Secretary that the Secretary considers most at risk from extreme weather events; and
added
notify the Committees on Armed Services of the Senate and the House of Representatives of the major military installations identified under paragraph (1).
added
Completion deadline— Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall ensure that the military installation resilience component of the master plan for each major military installation identified by the Secretary under subsection (a) is completed.
added
Briefings— Not later than 60 days after completion of a master plan component as required by subsection (b) for a major military installation, the Secretary of the military department concerned shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the master plan efforts for that major military installation.
added
Definitions— In this section:
added
The term “major military installation” has the meaning given that term in section 2864(f) of title 10, United States Code.
added
The term “master plan” means the master plan required by section 2864(a) of title 10, United States Code, for a major military installation.
Sec. 2833 Congressional oversight of master plans for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements
added
added
Submission of master plan— Not later than March 31, 2022, the Secretary of the Army shall submit to the congressional defense committees the master plan for each of the five Government-owned, contractor-operated Army ammunition plants developed to guide planning and budgeting for future infrastructure construction, facility improvements, and production equipment needs at each Army ammunition plant.
added
Elements of master plan— To satisfy the requirements of subsection (a), a master plan submitted under such subsection must include the following:
added
A description of all infrastructure construction and facility improvements planned or being considered for an Army ammunition plant and production equipment planned or being considered for installation, modernization, or replacement.
added
A description of the funding sources for such infrastructure construction, facility improvements, and production equipment, including authorized military construction projects, appropriations available for operation and maintenance, and appropriations available for procurement of Army ammunition.
added
An explanation of how the master plan for an Army ammunition plant will promote efficient, effective, resilient, secure, and cost-effective production of ammunition and ammunition components for the Armed Forces.
added
A description of how development of the master plan for an Army ammunition plant included input from the contractor operating the Army ammunition plant and how implementation of that master plan will be coordinated with the contractor.
added
Annual updates— Not later than March 31, 2023, and each March 31 thereafter through March 31, 2026, the Secretary of the Army shall submit to the congressional defense committees a report containing the following:
added
A description of any revisions made to the master plans submitted under subsection (a) during the previous year.
added
A description of any revisions to be made or being considered to the master plans.
added
An explanation of the reasons for each revision, whether made, to be made, or being considered.
added
A description of the progress made in improving infrastructure, facility, and production equipment at the Army ammunition plants consistent with the master plans.
added
Delegation authority— The Secretary of the Army shall carry out this section acting through the Assistant Secretary of the Army for Acquisition, Logistics, and Technology.
Sec. 2841 Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects
added
added
Amendment required— The Secretary of Defense shall amend UFC 1–4.2 (Nursing and Lactation Rooms) of the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that military construction planning and design for buildings likely to be regularly frequented by nursing mothers who are members of the uniformed services, civilian employees of the Department of Defense, contractor personnel, or visitors include a private nursing and lactation room or other private space suitable for that purpose.
added
Deadline— The Secretary of Defense shall complete the amendment process required by subsection (a) and implement the amended UFC 1–4.2 not later than one year after the date of the enactment of this Act.
Sec. 2842 Additional Department of Defense activities to improve energy resiliency of military installations
added
added
Amendment of Unified Facilities Criteria required— The Secretary of Defense shall amend the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that planning and design for military construction projects inside the United States include consideration of the feasibility and cost-effectiveness of installing an energy microgrid as part of the project, including intentional islanding capability of at least seven consecutive days, for the purpose of—
added
promoting on-installation energy security and energy resilience; and
added
facilitating implementation and greater use of the authority provided by subsection (h) of section 2911 of title 10, United States Code, as added and amended by section 2825 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283).
added
Contracts for Emergency access to existing on-installation renewable energy sources— In the case of a covered renewable energy generating source located on a military installation pursuant to a lease of non-excess defense property under section 2667 of title 10, United States Code, the Secretary of the military department concerned is encouraged to negotiate with the owner and operator of the renewable energy generating source to revise the lease contract to permit the military installation to access the renewable energy generating source during an emergency. The negotiations shall include consideration of the ease of modifying the renewable energy generating source to include an islanding capability, the necessity of additional infrastructure to tie the renewable energy generating source into the installation energy grid, and the cost of such modifications and infrastructure.
added
Definitions— In this section:
added
The term “covered renewable energy generating source” means a renewable energy generating source that, on the date of the enactment of this Act—
added
is located on a military installation inside the United States; but
added
cannot be used as a direct source of resilient energy for the installation in the event of a power disruption.
added
The term “islanding capability” refers to the ability to remove an energy system, such as a microgrid, from the local utility grid and to operate the energy system, at least temporarily, as an integrated, stand-alone system, during an emergency involving the loss of external electric power supply.
added
The term “microgrid” means an integrated energy system consisting of interconnected loads and energy resources with an islanding capability to permit functioning separate from the local utility grid.
Sec. 2843 Consideration of anticipated increased share of electric vehicles in Department of Defense vehicle fleet and owned by members of the Armed Forces and Department employees
added
added
Amendment of Unified Facilities Criteria required— The Secretary of Defense shall amend the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that military construction planning and design for buildings, including military housing, and related parking structures and surface lots to be constructed for military installations inside the United States include the installation of charging stations for electric vehicles when inclusion of charging stations is feasible and cost effective given the anticipated need for charging stations to service electric vehicles in the Department of Defense vehicle fleet and electric vehicles owned by members of the Armed Forces and Department employees.
added
Implementation—
added
Source of services— Each Secretary of a military department may utilize expertise within the military department or contract with an outside entity to make the determinations required by subsections (c) through (f) related to the installation of charging stations for electric vehicles.
added
Determinations— Determinations required by subsections (c) through (f) shall be a data-driven analysis for the purpose of enabling alignment between internal and external stakeholders and addressing key questions regarding the installation of charging stations, including the composition of the electric vehicle fleet, ownership costs, and kilowatt hour load profiles for targeted locations. The parties making these determinations shall make use of modeling and multiple scenarios to optimize initial investments and identify priority locations for investment.
added
Considerations related to charging station location— A determination of whether inclusion of charging stations is feasible and cost effective as part of a military construction project shall include consideration of the following:
added
Calculation of detailed energy profiles of existing loads at locations to include the impacts of managed and non-managed charging options.
added
Local electric vehicle charging profiles, vehicle traffic patterns and flow to readily access charging stations, signage needs, proximity to anticipated users of charging stations, and existing building load profiles.
added
Availability of adequate space for vehicles awaiting charging during peak usage times.
added
Required infrastructure upgrades, including electrical wiring.
added
Safety protocols.
added
Considerations related to type and number of charging stations— A determination of the type and number of charging stations to include as part of a military construction project shall include consideration of the following:
added
The different capabilities and energy demands between level 1 charging, level 2 charging, and level 3 charging.
added
The current and anticipated future distribution of plug-in hybrid electric vehicles and plug-in electric vehicles for a proposed charging station location and how many electric vehicles will need to be charged at the same time.
added
In the case of level 3 charging, which provides the fastest charging rates, an assessment of supporting utilities infrastructure, potential gaps, and required improvements.
added
The costs and benefits of using a single connector versus multi-connector units.
added
The interoperability of chargers and the potential future needs or applications for chargers, such as vehicle-to-grid or vehicle-to-building applications.
added
Considerations related to charging station ownership— A determination of the optimal ownership method to provide charging stations as part of a military construction project shall include consideration of the following:
added
Use of Government owned (purchased, installed, and maintained) charging stations.
added
Use of third-party financed, installed, operated, and maintained charging stations.
added
Use of financing models in which energy and charging infrastructure operations and maintenance are treated as a service.
added
Network and data collection requirements, including considerations related to communications with charging and utility networks, managed charging, grid curtailment, and electric vehicles as a grid asset.
added
Cyber and physical security concerns and best practices associated with different ownership, network, and control models.
added
Considerations related to power source— A determination of the optimal power source to provide charging stations as part of a military construction project shall include consideration of the following:
added
Transformer and substation requirements.
added
Microgrids and distributed energy to support both charging requirements and energy storage.
added
Installation Plans for Charging stations required—
added
Infrastructure development plans— For each of fiscal years 2023 through 2027, each Secretary of a military department shall complete for at least five military installations in the United States under the jurisdiction of the Secretary an infrastructure development plan for the installation of charging stations for electric vehicles.
added
Inclusion of electricity microgrid— Each infrastructure development plan shall include the use of a microgrid that will be sufficient—
added
to cover anticipated electricity demand of electric vehicles using charging stations included in the plan; and
added
to improve installation energy resilience.
added
Definitions— In this section:
added
The term “charging station” refers to a collection of one or more electric vehicle supply equipment units.
added
The term “connector” refers to the socket or cable that connects an electric vehicle being charged to the electric vehicle supply equipment unit.
added
The term “electric vehicle” includes—
added
a plug-in hybrid electric vehicle that uses a combination of electric and gas powered engine that can use either gasoline or electricity as a fuel source; and
added
a plug-in electric vehicle that runs solely on electricity and does not contain an internal combustion engine or gas tank.
added
The term “electric vehicle supply equipment unit” refers to the port that supplies electricity to one vehicle at a time.
added
The term “level 1 charging” refers to an electric vehicle charging method that provides charging through a 120 volt alternating current plug and supplies approximately two to five miles of range per hour of charging time.
added
The term “level 2 charging” refers to an electric vehicle charging method that provides charging through a 240 volt alternating current receptacle, requires a dedicated 40-Amp circuit and supplies approximately 10 to 20 miles of range per hour of charging time.
added
The term “level 3 charging”, also known as DC Fast Charging, refers to an electric vehicle charging method that provides charging via direct current equipment that does not require a convertor and supplies approximately 60 to 80 miles of range per 20 min of charging.
added
The term “microgrid” refers to a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that acts as a single controllable entity with respect to the grid.
Sec. 2844 Conditions on revision of Unified Facilities Criteria or Unified Facilities Guide Specifications regarding use of variable refrigerant flow systems
added
added
Congressional notification required— The Under Secretary of Defense for Acquisition and Sustainment shall notify the Committee on Armed Services of the House of Representatives before executing any revision to the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) or Unified Facilities Guide Specifications regarding the use of variable refrigerant flow systems
added
Elements of effective notification— To be effective as congressional notification for purposes of subsection (a), the notice submitted by the Under Secretary of Defense for Acquisition and Sustainment must—
added
be in writing;
added
specify the nature of the revision to be made to the Unified Facility Criteria/DoD Building Code (UFC 1–200–01) or Unified Facilities Guide Specifications regarding the use of variable refrigerant flow systems;
added
explain the justification for the revision; and
added
be received by the Committee on Armed Services of the House of Representatives at least 30 days before the revision takes effect.
Sec. 2851 Modification of restrictions on use of former Navy property conveyed to University of California, San Diego, California
added
added
Modification of original use restriction— Section 3(a) of Public Law 87–662 (76 Stat. 546) is amended by inserting after “educational purposes” the following: “, which may include technology innovation and entrepreneurship programs and establishment of innovation incubators”.
added
Execution— If necessary to effectuate the amendment made by subsection (a), the Secretary of the Navy shall execute and file in the appropriate office an amended deed or other appropriate instrument reflecting the modification of restrictions on the use of former Camp Matthews conveyed to the regents of the University of California pursuant to Public Law 87–662.
Sec. 2852 Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts
added
added
Conveyance authorized— The Secretary of the Air Force may convey to the Commonwealth of Massachusetts (in this section referred to as the “Commonwealth”) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon and related easements, consisting of approximately 10 acres located on Joint Base Cape Cod, Bourne, Massachusetts.
added
Conditions of conveyance— The conveyance under subsection (a) shall be subject to valid existing rights and the Commonwealth shall accept the real property, and any improvements thereon, in its condition at the time of the conveyance (commonly known as a conveyance “as is”).
added
Consideration—
added
Consideration required— As consideration for the conveyance under subsection (a), the Commonwealth shall pay to the United States an amount equal to the fair market value of the right, title, and interest conveyed under subsection (a) based on an appraisal approved by the Secretary.
added
Treatment of consideration received— Consideration received under paragraph (1) shall be deposited in the special account in the Treasury established under subsection (b) of section 572 of title 40, United States Code, and shall be available in accordance with paragraph (5)(B) of such subsection.
added
Payment of costs of conveyance—
added
Payment required— The Secretary of the Air Force shall require the Commonwealth to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Commonwealth in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Commonwealth.
added
Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to an appropriate fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
added
Description of property— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force.
added
Additional terms and conditions— The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2853 Land conveyance, Rosecrans Air National Guard Base, Saint Joseph, Missouri
added
added
Conveyance authorized— Once the Secretary of the Air Force determines that the Missouri Air National Guard has vacated the parcel of real property consisting of approximately 54 acres at Rosecrans Air National Guard Base located on the southern end of the airfield at Rosecrans Memorial Airport in Saint Joseph, Missouri, the Secretary may convey to the City of Saint Joseph, Missouri (in this section referred to as the “City”), all right, title, and interest of the United States in and to that parcel of real property, including any improvements thereon, for the purpose of—
added
removing the property from within the boundaries of Rosecrans Air National Guard Base;
added
accommodating the operational and maintenance needs of Rosecrans Memorial Airport; and
added
permitting the development of the property and any improvements thereon for economic purposes.
added
Conditions on conveyance— The conveyance of the parcel of property under subsection (a) shall be subject to any valid existing rights regarding the property, and the City shall accept the property and any improvements thereon in their condition at the time of the conveyance (commonly known as a conveyance “as is”).
added
Consideration—
added
Consideration required, forms— As consideration for the conveyance of the property under subsection (a), the City shall enter into an agreement with the Secretary—
added
to convey to the Secretary of the Air Force a parcel of real property acceptable to the Secretary in exchange for the property conveyed by the Secretary;
added
to provide in-kind consideration acceptable to the Secretary in the form of the construction, provision, improvement, alteration, protection, maintenance, repair, or restoration, including environmental restoration, or a combination thereof, of any facilities or infrastructure relating to the needs of the Missouri Air National Guard at Rosecrans Air National Guard Base; or
added
to provide a combination of the consideration authorized by subparagraphs (A) and (B).
added
Amount of consideration; appraisal— Except as provided in paragraph (3), the value of the consideration provided by the City under paragraph (1) shall be equal to the fair market value of the right, title, and interest conveyed by the Secretary under subsection (a), based on one or more appraisals determined necessary and approved by the Secretary.
added
Cash equalization payment— If the value of the property conveyed by the City or in-kind consideration provided by the City under paragraph (1), or combination thereof, is less than the fair market value of the right, title, and interest conveyed by the Secretary under subsection (a), the City shall pay to the United States an amount equal to the difference in the fair market values. Any cash consideration received under this paragraph shall be—
added
deposited in the special account in the Treasury established pursuant to paragraph (5) of section 572(b) of title 40, United States Code; and
added
available to the Secretary in accordance with the subparagraph (B)(ii) of such paragraph.
added
Payment of Costs of Conveyance—
added
Payment required— The Secretary of the Air Force may require the City to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including appraisal and survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City.
added
Treatment of amounts received— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
added
Description of Property— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force.
added
Additional Terms and Conditions— The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2854 Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia
added
added
Conveyance authorized—
added
In general— The Secretary of the Navy may convey to the School Board of the City of Virginia Beach, Virginia (in this section referred to as “VBCPS”) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 2.77 acres at Naval Air Station Oceana, Virginia Beach, Virginia, located at 121 West Lane (GPIN: 2407-94-0772) for the purpose of permitting VBCPS to use the property for educational purposes.
added
Continuation of existing easements, restrictions, and covenants— The conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act.
added
Consideration—
added
Consideration required; amount— As consideration for the conveyance under subsection (a), VBCPS shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property to be conveyed, as determined by the Secretary. The Secretary’s determination of fair market value shall be final of the property to be conveyed.
added
Form of consideration— The consideration required by paragraph (1) may be in the form of a cash payment, in-kind consideration as described in paragraph (3), or a combination thereof, as acceptable to the Secretary. Cash consideration shall be deposited in the special account in the Treasury established under section 572 of title 40, United States Code, and the entire amount deposited shall be available for use in accordance with subsection (b)(5)(ii) of such section.
added
In-kind consideration— The Secretary may accept as in-kind consideration under this subsection the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or the delivery of services, relating to the needs of Naval Air Station Oceana.
added
Payment of costs of conveyance—
added
Payment required— The Secretary of the Navy shall require VBCPS to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to VBCPS.
added
Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
added
Limitation on source of funds— VBCPS may not use Federal funds to cover any portion of the costs required by subsections (b) and (c) to be paid by VBCPS.
added
Description of property— The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.
added
Additional terms and conditions— The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2861 Pilot program on increased use of mass timber in military construction
added
added
Pilot Program required— Each Secretary of a military department shall conduct a pilot program to evaluate the effect that the use of mass timber as the primary construction material in military construction may have on the environmental sustainability, infrastructure resilience, cost effectiveness, and construction timeliness of military construction.
added
Project selection and locations—
added
Minimum number of projects— Each Secretary of a military department shall carry out at least one military construction project under the pilot program.
added
Project locations— The pilot program shall be conducted at military installations in the continental United States—
added
that are identified as vulnerable to extreme weather events; and—
added
for which a military construction project is authorized but a request for proposal has not been released.
added
Inclusion of military Unaccompanied Housing project— The Secretaries of the military departments shall coordinate the selection of military construction projects to be carried out under the pilot program so that at least one of the military construction projects involves construction of military unaccompanied housing.
added
Program Authority— The Secretary of a military department may carry out a military construction project under the pilot program using the authorities available to the Secretary of Defense under section 2914 of title 10, United States Code, regarding military construction projects for energy resilience, energy security, and energy conservation.
added
Duration of program— The authority of the Secretary of a military department to carry out a military construction project under the pilot program shall expire on September 30, 2024. Any construction commenced under the pilot program before the expiration date may continue to completion.
added
Reporting Requirement—
added
Report required— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through December 31, 2024, the Secretaries of the military departments shall submit to the congressional defense committees a report on the progress of the pilot program.
added
Report elements— The report shall include the following:
added
A description of the status of the military construction projects selected to be conducted under the pilot program.
added
An explanation of the reasons why those military construction projects were selected.
added
An analysis of the projected or actual carbon footprint, resilience to extreme weather events, construction timeliness, and cost effectiveness of the military construction projects conducted under the pilot program using mass timber as compared to other materials historically used in military construction.
added
Any updated guidance the Under Secretary of Defense for Acquisition and Sustainment has released in relation to the procurement policy for future military construction projects based on comparable benefits realized from use of mass timber, including guidance on prioritizing sustainable materials in establishing evaluation criteria for military construction project contracts when technically feasible.
added
Mass Timber defined— In this section, the term “mass timber” includes the following:
added
Cross-laminated timber.
added
Nail-laminated timber.
added
Glue-laminated timber.
added
Laminated strand lumber.
added
Laminated veneer lumber.
Sec. 2862 Pilot program on increased use of sustainable building materials in military construction
added
added
Pilot Program required— Each Secretary of a military department shall conduct a pilot program to evaluate the effect that the use of sustainable building materials as the primary construction material in military construction may have on the environmental sustainability, infrastructure resilience, cost effectiveness, and construction timeliness of military construction.
added
Project selection and locations—
added
Minimum number of projects— Each Secretary of a military department shall carry out at least one military construction project under the pilot program.
added
Project locations— The pilot program shall be conducted at military installations in the continental United States—
added
that are identified as vulnerable to extreme weather events; and—
added
for which a military construction project is authorized but a request for proposal has not been released.
added
Inclusion of military Unaccompanied Housing project— The Secretaries of the military departments shall coordinate the selection of military construction projects to be carried out under the pilot program so that at least one of the military construction projects involves construction of military unaccompanied housing.
added
Duration of program— The authority of the Secretary of a military department to carry out a military construction project under the pilot program shall expire on September 30, 2024. Any construction commenced under the pilot program before the expiration date may continue to completion.
added
Reporting Requirement—
added
Report required— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through December 31, 2024, the Secretaries of the military departments shall submit to the congressional defense committees a report on the progress of the pilot program.
added
Report elements— The report shall include the following:
added
A description of the status of the military construction projects selected to be conducted under the pilot program.
added
An explanation of the reasons why those military construction projects were selected.
added
An analysis of the projected or actual carbon footprint over the full life cycle of the sustainable building material, resilience to extreme weather events, construction timeliness, and cost effectiveness of the military construction projects conducted under the pilot program using sustainable building materials as compared to other materials historically used in military construction.
added
Any updated guidance the Under Secretary of Defense for Acquisition and Sustainment has released in relation to the procurement policy for future military construction projects based on comparable benefits realized from use of sustainable building materials, including guidance on prioritizing sustainable materials in establishing evaluation criteria for military construction project contracts when technically feasible.
added
Sustainable building materials defined— In this section, the term “sustainable building material” means any building material the use of which will reduce carbon emissions over the life cycle of the building. The term includes mass timber, concrete, and other carbon reducing materials.
Sec. 2863 Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall establish a pilot program to authorize installations of the Department of the Air Force to establish a reimbursable account for the purpose of being reimbursed for the use of testing facilities on such installation.
added
Installations selected— The Secretary of the Air Force shall select not more than two installations of the Department of the Air Force to participate in the pilot program under subsection (a) from among any such installations that are part of the Air Force Flight Test Center construct and are currently funded for Facility, Sustainment, Restoration, and Modernization (FSRM) through the Research, Development, Test, and Evaluation account of the Department of the Air Force.
added
Oversight of funds— For each installation selected for the pilot program under subsection (a), the commander of such installation shall have direct oversight over 50 percent of the funds allocated to the installation for Facility, Sustainment, Restoration, and Modernization and the Commander of the Air Force Civil Engineer Center shall have direct oversight over the remaining 50 percent of such funds.
added
Briefing and report—
added
Briefing— Not later than 30 days after establishing the pilot program under subsection (a), the Secretary of the Air Force shall brief the congressional defense committees on the pilot program.
added
Annual report— Not later than one year after establishing the pilot program under subsection (a), and annually thereafter, the Secretary of the Air Force shall submit to the congressional defense committees a report on the pilot program.
added
Termination— The pilot program under subsection (a) shall terminate on December 1, 2026.
Sec. 2864 Pilot program to expedite 5G telecommunications on military installations through deployment of telecommunications infrastructure
added
added
Pilot program required— Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall establish a pilot program to evaluate the feasibility of deploying telecommunications infrastructure to expedite the availability of 5G telecommunications on military installations.
added
Selection of program sites—
added
In general— Each Secretary of a military department shall select at least one military installation under the jurisdiction of the Secretary as a location at which to conduct the pilot program.
added
Priority— In selecting a military installation as a location for the pilot program, the Secretary of a military department shall prioritize military installations that are located in close proximity to other military installations, whether or not the other installations are under the jurisdiction of that Secretary.
added
Implementation report— Not later than six months after the establishment of the pilot program by the Secretary of a military department, that Secretary shall submit to the congressional defense committees a report containing the following:
added
A list of the military installations selected by that Secretary as locations for the pilot program.
added
A description of authorities used to execute the pilot program.
added
The number and identity of telecommunication carriers that intend to use the telecommunications infrastructure deployed pursuant to the pilot program to provide 5G telecommunication services at the selected military installations.
added
An assessment of the need to have centralized processes and points of contacts or additional authorities, to facilitate deployment of telecommunications infrastructure.
added
Telecommunications infrastructure defined— In this section, the term “telecommunications infrastructure” includes, but is not limited to, the following:
added
Macro towers.
added
Small cell poles.
added
Distributed antenna systems.
added
Dark fiber.
added
Power solutions.
Sec. 2871 Improved oversight of certain infrastructure services provided by Naval Facilities Engineering Systems Command Pacific
addedadded The Secretary of the Navy shall designate an administrative position within the Naval Facilities Engineering Systems Command Pacific for the purpose of improving the continuity of management and oversight of real property and infrastructure assets in the Pacific Area of Responsibility related to the training needs of the Armed Forces, particularly regarding leased property for which the lease will expire within 10 years after the date of the enactment of this Act.
Sec. 2881 Identification of organic industrial base gaps and vulnerabilities related to climate change and defensive cybersecurity capabilities
addedadded Section 2504(3)(B) of title 10, United States Code, is amended—
added
by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv); and
added
by inserting before clause (ii), as so redesignated, the following new clause:
added “(i) gaps and vulnerabilities related to—
added “(I) current and projected impacts of climate change; and
added “(II) defensive cybersecurity capabilities;”
Sec. 2891 Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities
addedadded Section 2861 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. _) is amended by striking “requirements of national model fire codes developed by the National Fire Protection Association and the International Code Council” and inserting “NFPA 1, Fire Code of the National Fire Protection Association and applicable requirements of the international building code and international fire code of the International Code Council”.
Sec. 2901 Authorized Army construction and land acquisition projects
addedadded The Secretary of the Army may acquire real property and carry out the military construction projects related to science, technology, test, and evaluation for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2902 Authorized Navy construction and land acquisition projects
addedadded The Secretary of the Navy may acquire real property and carry out the military construction projects related to science, technology, test, and evaluation for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2903 Authorized Air Force construction and land acquisition projects
addedadded The Secretary of the Air Force may acquire real property and carry out the military construction projects related to science, technology, test, and evaluation for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2904 Authorization of appropriations
addedadded Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for the military construction projects related to science, technology, test, and evaluation authorized by this title, as specified in the funding table in section 4601.
Sec. 3101 National Nuclear Security Administration
added
added
Authorization of appropriations— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.
added
Authorization of new plant projects— From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows:
Sec. 3102 Defense environmental cleanup
added
added
Authorization of appropriations— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.
added
Authorization of new plant projects— From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects:
Sec. 3103 Other defense activities
addedadded Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for other defense activities in carrying out programs as specified in the funding table in section 4701.
Sec. 3104 Nuclear energy
addedadded Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for nuclear energy as specified in the funding table in section 4701.
Sec. 3111 Improvements to annual reports on condition of the United States nuclear weapons stockpile
addedadded Section 4205(e)(3) of the Atomic Energy Defense Act (50 U.S.C. 2525(e)(3)) is amended—
added
in subparagraph (A), by inserting “, including with respect to cyber assurance,” after “methods”; and
added
in subparagraph (B), by inserting “, and the confidence of the head in,” after “adequacy of”.
Sec. 3112 Modifications to certain reporting requirements
added
added
Notification of employee practices affecting national security— Section 3245 of the National Nuclear Security Administration Act (50 U.S.C. 2443) is amended by striking subsections (a) and (b) and inserting the following new subsections:
added “(a) Annual notification of security clearance revocations—At or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, United States Code, the Administrator shall notify the appropriate congressional committees of—
added “(1) the number of covered employees whose security clearance was revoked during the year prior to the year in which the notification is made; and
added “(2) for each employee counted under paragraph (1), the length of time such employee has been employed at the Administration, as the case may be, since such revocation.
added “(b) Annual notification of terminations and removals—Not later than December 31 of each year, the Administrator shall notify the appropriate congressional committees of each instance in which the Administrator terminated the employment of a covered employee or removed and reassigned a covered employee for cause during that year.”
added
Plan for construction and operation of MOX facility— Section 4306 of the Atomic Energy Defense Act (50 U.S.C. 2566) is amended—
added
by striking subsections (a) and (b); and
added
by redesignating subsections (c) through (h) as subsections (a) through (f), respectively.
added
Reports on certain transfers of civil nuclear technology— Section 3136 of the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a) is amended—
added
by striking subsection (a);
added
by redesignating subsections (b) through (i) as subsections (a) through (h), respectively; and
added
in subsection (b)(2), as so redesignated, by striking “each report under subsection (a) and”.
added
Certain annual reviews by Nuclear Science Advisory Committee— Section 3173(a)(4)(B) of the National Defense Authorization Act for Fiscal Year 2013 (42 U.S.C. 2065(a)(4)(B)) is amended by striking “annual reviews” and inserting “reviews during even-numbered years”.
added
Conforming amendment— Section 161 n. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(n)) is amended by striking “(as defined in section 3136(i) of the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a(i)))” and inserting “(as defined in section 3136(h) of the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a(h)))”.
Sec. 3113 Plutonium pit production capacity
added
added
Certifications— Section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) is amended by adding at the end the following new subsections:
added “(d) Certifications on plutonium enterprise
added “(1) Requirement—Not later than 30 days after the date on which a covered project achieves a critical decision milestone, the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs shall jointly certify to the congressional defense committees that the operations, infrastructure, and workforce of such project is adequate to carry out the delivery and disposal of planned waste shipments relating to the plutonium enterprise, as outlined in the critical decision memoranda of the Department of Energy with respect to such project.
added “(2) Failure to certify—If the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs fail to make a certification under paragraph (1) by the date specified in such paragraph with respect to a covered project achieving a critical decision milestone, the Assistant Secretary and the Deputy Administrator shall jointly submit to the congressional defense committees, by not later than 30 days after such date, a plan to ensure that the operations, infrastructure, and workforce of such project will be adequate to carry out the delivery and disposal of planned waste shipments described in such paragraph.
added “(e) Reports
added “(1) Requirement—Not later than March 1 of each year during the period beginning on the date on which the first covered project achieves critical decision 2 in the acquisition process and ending on the date on which the second project achieves critical decision 4 and begins operations, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the production goals of both covered projects during the first 10 years of the operation of the projects.
added “(2) Elements—Each report under paragraph (1) shall include, with respect to the covered projects and the 10 years covered by the report—
added “(A) the number of war reserve plutonium pits planned to be produced during each year, including the associated warhead type;
added “(B) a description of risks and challenges to meeting the performance baseline for the projects, as approved in critical decision 2 in the acquisition process;
added “(C) options available to the Administrator to balance scope, costs, and production requirements at the projects to decrease overall risk to the plutonium enterprise and enduring plutonium pit requirements; and
added “(D) an explanation of any changes to the production goals or requirements as compared to the report submitted during the previous year.
added “(f) Covered project defined—In this subsection, the term covered project means—
added “(1) the Savannah River Plutonium Processing Facility, Savannah River Site, Aiken, South Carolina (Project 21–D–511); or
added “(2) the Plutonium Pit Production Project, Los Alamos National Laboratory, Los Alamos, New Mexico (Project 21–D–512).”
added
Briefing— Not later than May 1, 2022, the Administrator for Nuclear Security and the Director for Cost Estimating and Program Evaluation shall jointly provide to the congressional defense committees a briefing on the ability of the National Nuclear Security Administration to carry out the plutonium enterprise of the Administration, including with respect to the adequacy of the program management staff of the Administration to execute covered projects (as defined in subsection (f) of section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a), as amended by subsection (a)).
Sec. 3114 Report on Runit Dome and related hazards
added
added
Report—
added
Agreement— The Secretary of the Interior shall seek to enter into an agreement with an entity to prepare a report on—
added
the effects of climate change on the Runit Dome nuclear waste disposal site in Enewetak Atoll, Marshall Islands; and
added
other environmental hazards created by the United States relating to nuclear bomb and other weapons testing in the vicinity of Enewetak Atoll.
added
Independent entity— The Secretary shall select an entity under paragraph (1) that is not part of the Federal Government.
added
Matters included— The report under subsection (a) shall include the following:
added
A detailed scientific analysis of any threats to the environment, and to the health and safety, of the residents of Enewetak Atoll posed by each of—
added
the Runit Dome nuclear waste disposal site;
added
crypts used to contain nuclear waste and other toxins on Enewetak Atoll;
added
radionuclides and other toxins present in the lagoon of Enewetak Atoll, including areas in the lagoon where nuclear waste was dumped;
added
radionuclides and other toxins, including beryllium, which may be present on the islands of Enewetak Atoll as a result of nuclear tests and other activities of the Federal Government, including tests of chemical and biological warfare agents, rocket tests, contaminated aircraft landing on Enewetak Island, and nuclear cleanup activities;
added
radionuclides and other toxins that may be present in the drinking water on Enewetak Island or in the water source for the desalination plant; and
added
radionuclides and other toxins that may be present in the ground water under and in the vicinity of the Runit Dome nuclear waste disposal site.
added
A detailed scientific analysis of the extent to which rising sea levels, severe weather events, and other effects of climate change might exacerbate any of the threats identified under paragraph (1).
added
A detailed plan, including costs, to relocate all of the nuclear waste and other toxic waste contained in—
added
the Runit Dome nuclear waste disposal site;
added
all of the crypts on Enewetak Atoll containing such waste; and
added
the three dumping areas in Enewetak’s lagoon to a safe, secure facility to be constructed in an uninhabited, unincorporated territory of the United States.
added
Marshallese participation— The Secretary shall ensure that scientists or other experts selected by the Government of the Marshall Islands are able to participate in all aspects of the preparation of the report under subsection (a), including, at a minimum, with respect to developing the work plan, identifying questions, conducting research, and collecting and interpreting data.
added
Submission and publication—
added
Federal Register— The Secretary shall publish the report under subsection (a) in the Federal Register for public comment for a period of not fewer than 60 days.
added
Congress— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress the report under subsection (a).
added
Public availability— The Secretary shall publish on a publicly available internet website the report under subsection (a) and the results of the public comments pursuant to paragraph (1).
Sec. 3115 University-based nuclear nonproliferation collaboration program
addedadded Title XLIII of the Atomic Energy Defense Act (50 U.S.C. 2565 et seq.) is amended by adding at the end the following new section (and conforming the table of contents accordingly):
added “4312. University-based defense nuclear nonproliferation collaboration program
added “(a) Program—The Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear nonproliferation programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 4814.
added “(b) Purposes—The purposes of the consortium under subsection (a) are as follows:
added “(1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear nonproliferation programs.
added “(2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, and nuclear security.
added “(3) To facilitate the collaboration of research centers of excellence relating to defense nuclear nonproliferation to better distribute expertise to specific issues and scenarios regarding such threats.
added “(c) Duties
added “(1) Support—The Administrator shall ensure that the consortium established under subsection (a) provides support to individuals described in paragraph (2) through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants.
added “(2) Individuals described—The individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to—
added “(A) defense nuclear nonproliferation;
added “(B) arms control;
added “(C) nuclear deterrence;
added “(D) the study of foreign nuclear programs;
added “(E) nuclear security; or
added “(F) educating and training the next generation of defense nuclear nonproliferation policy experts.”
Sec. 3116 Prohibition on availability of funds to reconvert or retire W76–2 warheads
added
added
Prohibition— Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the National Nuclear Security Administration may be obligated or expended to reconvert or retire a W76–2 warhead.
added
Waiver— The Administrator for Nuclear Security may waive the prohibition in subsection (a) if the Administrator, in consultation with the Secretary of Defense, the Director of National Intelligence, and the Chairman of the Joint Chiefs of Staff, certifies to the congressional defense committees that Russia and China do not possess naval capabilities similar to the W76–2 warhead in the active stockpiles of the respective country.
Sec. 3201 Authorization
addedadded There are authorized to be appropriated for fiscal year 2022, $31,000,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
Sec. 3202 Technical amendments regarding Chair and Vice Chair of Defense Nuclear Facilities Safety Board
addedadded Chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.) is amended—
added
in section 311 (42 U.S.C. 2286)—
added
in subsection (c)(4), by striking “the office of Chairman” and inserting “the office of the Chair”; and
added
by striking “Chairman” each place it appears (including in the heading of subsection (c)) and inserting “Chair”; and
added
in section 313 (42 U.S.C. 2286b), by striking “Chairman” each place it appears and inserting “Chair”.
Sec. 3401 Authorization of appropriations
added
added
Amount— There are hereby authorized to be appropriated to the Secretary of Energy $13,650,000 for fiscal year 2022 for the purpose of carrying out activities under chapter 869 of title 10, United States Code, relating to the naval petroleum reserves.
added
Period of availability— Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.
Sec. 3501 Authorization of the Maritime Administration
added
added
In general— There are authorized to be appropriated to the Department of Transportation for fiscal year 2022, to be available without fiscal year limitation if so provided in appropriations Acts, for programs associated with maintaining the United States merchant marine, the following amounts:
added
For expenses necessary for operations of the United States Merchant Marine Academy, $90,532,000, of which—
added
$85,032,000 shall be for Academy operations; and
added
$5,500,000 shall remain available until expended for capital asset management at the Academy.
added
For expenses necessary to support the State maritime academies, $358,300,000, of which—
added
$2,400,000 shall remain available until September 30, 2026, for the Student Incentive Program; and
added
$30,500,000 shall remain available until expended for maintenance and repair of State maritime academy training vessels.
added
For expenses necessary to support the National Security Multi-Mission Vessel Program, $315,600,000, which shall remain available until expended.
added
For expenses necessary to support Maritime Administration operations and programs, $60,853,000.
added
For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $10,000,000, which shall remain available until expended.
added
For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $318,000,000.
added
For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,000,000, of which—
added
$30,000,000 may be used for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees under the program; and
added
$3,000,000 may be used for administrative expenses relating to loan guarantee commitments under the program.
added
For expenses necessary to provide for the Tanker Security Fleet, as authorized under chapter 534 of title 46, United States Code, $60,000,000, to remain available until expended.
added
For expenses necessary to support maritime environmental and technical assistance activities authorized under section 50307 of title 46, United States Code, $6,000,000, of which $3,000,000 is authorized to carry out activities related to port and vessel air emission reduction technologies, including zero emissions technologies; and
added
For expenses necessary to support marine highway program activities authorized under chapter 556 of such title, $11,000,000.
added
For expenses necessary to provide assistance to small shipyards authorized under section 54101 of title 46, United States Code, $20,000,000.
added
For expenses necessary to support port development activities authorized under subsections (a) and (b) of section 54301 of such title (as added by this title), $750,000,000.
added
Limitation— No amounts authorized under subsection (a)(11) may be used to provide a grant to purchase fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control, if the Secretary determines such equipment would result in a net loss of jobs within a port or port terminal.
Sec. 3502 Maritime Administration
added
added
In general—
added
Part A of subtitle V of title 46, United States Code, is amended by inserting before chapter 501 the following:
added “500 Maritime Administration
added “50001. Maritime Administration”
added
Section 109 of title 49, United States Code, is redesignated as section 50001 of title 46, United States Code, and transferred to appear in chapter 500 of such title (as added by paragraph (1)).
added
Clerical amendments—
added
The table of chapters for subtitle V of title 46, United States Code, as amended by this title, is further amended by inserting before the item relating to chapter 501 the following:
added
The analysis for chapter 1 of title 49, United States Code, is amended by striking the item relating to section 109.
Sec. 3511 Effective period for issuance of documentation for recreational vessels
addedadded Section 12105(e)(2) of title 46, United States Code, is amended—
added
by striking subparagraphs (A) and (B) and inserting the following:
added “(A) In general—The owner or operator of a recreational vessel may choose a period of effectiveness of between 1 and 5 years for a certificate of documentation for a recreational vessel or the renewal thereof.”
added
by redesignating subparagraph (C) as subparagraph (B).
Sec. 3512 America’s marine highway program
added
added
America’s marine highway program— Section 55601 of title 46, United States Code, is amended to read as follows:
added “55601. America’s marine highway program
added “(a) Program
added “(1) In general—The Secretary of Transportation shall—
added “(A) establish a marine highway program to be known as America’s marine highway program;
added “(B) designate marine highway routes under subsection (c);
added “(C) designate marine highway transportation projects under subsection (d); and
added “(D) subject to the availability of appropriations, provide assistance under subsection (e).
added “(2) Program activities—In carrying out the marine highway program established under paragraph (1), the Secretary may—
added “(A) coordinate with ports, State departments of transportation, localities, other public agencies, and the private sector on the development of landside facilities and infrastructure to support marine highway transportation;
added “(B) develop performance measures for such marine highway program;
added “(C) collect and disseminate data for the designation and delineation of marine highway transportation routes under subsection (c); and
added “(D) conduct research on solutions to impediments to marine highway transportation projects designated under subsection (d).
added “(b) Criteria—Routes designated under subsection (c) and projects designated under subsection (d) shall—
added “(1) provide a coordinated and capable alternative to landside transportation;
added “(2) mitigate or relieve landside congestion; or
added “(3) promote marine highway transportation.
added “(c) Marine highway transportation routes—The Secretary shall designate marine highway transportation routes that meet the criteria established in subsection (b) as extensions of the surface transportation system.
added “(d) Project designation—The Secretary may designate a project that meets the criteria established in subsection (b) to be a marine highway transportation project if the Secretary determines that such project uses vessels documented under chapter 121 and—
added “(1) develops, expands or promotes—
added “(A) marine highway transportation services;
added “(B) shipper utilization of marine highway transportation; or
added “(C) port and landside infrastructure for which assistance is not available under section 54301; or
added “(2) implements strategies developed under section 55603.
added “(e) Assistance
added “(1) In general—The Secretary may make grants, or enter into contracts or cooperative agreements, to implement projects or components of a project designated under subsection (d).
added “(2) Application—To receive a grant or enter into a contract or cooperative agreement under the program, an applicant shall—
added “(A) submit an application to the Secretary in such form and manner, at such time, and containing such information as the Secretary may require; and
added “(B) demonstrate to the satisfaction of the Secretary that—
added “(i) the project is financially viable;
added “(ii) the funds or other assistance received will be spent or used efficiently and effectively; and
added “(iii) a market exists for the services of the proposed project, as evidenced by contracts or written statements of intent from potential customers.
added “(3) Non-Federal share—An applicant shall provide at least 20 percent of the project costs from non-Federal sources. In awarding grants or entering in contracts or cooperative agreements under this subsection, the Secretary shall give a preference to those projects or components that present the most financially viable transportation services and require the lowest percentage Federal share of the costs.”
added
Multistate, State, and regional transportation planning— Chapter 556 of title 46, United States Code, is amended by inserting after section 55602 the following:
added “55603. Multistate, State, and regional transportation planning
added “(a) In general—The Secretary, in consultation with Federal entities, State and local governments, and the private sector, may develop strategies to encourage the use of marine highways transportation for transportation of passengers and cargo.
added “(b) Strategies—In developing the strategies described in subsection (a), the Secretary may—
added “(1) assess the extent to which States and local governments include marine highway transportation and other marine transportation solutions in transportation planning;
added “(2) encourage State departments of transportation to develop strategies, where appropriate, to incorporate marine highway transportation, ferries, and other marine transportation solutions for regional and interstate transport of freight and passengers in transportation planning; and
added “(3) encourage groups of States and multi-State transportation entities to determine how marine highways can address congestion, bottlenecks, and other interstate transportation challenges.”
added
Clerical amendments— The analysis for chapter 556 of title 46, United States Code, is amended—
added
by striking the item relating to section 55601 and inserting the following:
added
by inserting after the item relating to section 55602 the following:
Sec. 3513 Committees on maritime matters
added
added
In general—
added
Chapter 555 of title 46, United States Code, is redesignated as chapter 504 of such title and transferred to appear after chapter 503 of such title.
added
Chapter 504 of such title, as redesignated by paragraph (1), is amended in the chapter heading by striking “Miscellaneous” and inserting “Committees”.
added
Sections 55501 and 55502 of such title are redesignated as section 50401 and section 50402, respectively, of such title and transferred to appear in chapter 504 of such title (as redesignated by paragraph (1)).
added
The section heading for section 50401 of such title, as redesignated by paragraph (3), is amended to read as follows: “United States Committee on the Marine Transportation System”.
added
Conforming amendment— Section 8332(b)(1) of the Elijah E. Cummings Coast Guard Authorization Act of 2020 (division G of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283)) is amended by striking “section 55502” and inserting “section 50402”.
added
Clerical amendments—
added
The analysis for chapter 504 of title 46, United States Code, as redesignated by subsection (a)(1), is amended to read as follows:
added
The table of chapters for subtitle V of title 46, United States Code, is amended—
added
by inserting after the item relating to chapter 503 the following:
added
by striking the item relating to chapter 555.
Sec. 3514 Port Infrastructure Development Program
added
added
In general—
added
Part C of subtitle V of title 46, United States Code, is amended by adding at the end the following:
added “543 Port Infrastructure Development Program
added “54301. Port infrastructure development program”
added
Subsections (c), (d), and (e) of section 50302 of such title are redesignated as subsections (a), (b), and (c) of section 54301 of such title, respectively, and transferred to appear in chapter 543 of such title (as added by paragraph (1)).
added
Amendments to section 54301— Section 54301 of such title, as redesignated by subsection (a)(2), is amended—
added
in subsection (a)—
added
in paragraph (2) by striking “or subsection (d)” and inserting “or subsection (b)”;
added
in paragraph (3)(A)(ii)—
added
in subclause (II) by striking “; or” and inserting a semicolon; and
added
by adding at the end the following:
added “(IV) emissions mitigation measures directly related to reducing the overall carbon footprint from port operations; or”
added
in paragraph (5)—
added
in subparagraph (A) by striking “or subsection (d)” and inserting “or subsection (b)”; and
added
in subparagraph (B) by striking “subsection (d)” and inserting “subsection (b)”;
added
in paragraph (6)—
added
in subparagraph (A)(i)—
added
by striking “movement of goods through a port or intermodal connection to a port” and inserting “movement of—”; and
added
by adding at the end the following new subclauses:
added “(I) goods through a port or intermodal connection to a port; or
added “(II) passengers through an emission mitigation measure under paragraph (3)(A)(ii)(IV) that provides for the use of shore power for vessels to which sections 3507 and 3508 apply.”
added
in subparagraph (B)—
added
in clause (i) by striking “; and” and inserting a semicolon;
added
in clause (ii) by striking the period and inserting “; and”; and
added
by adding at the end the following:
added “(iii) projects that increase the port’s resilience to sea-level rise, flooding, extreme weather events, including events associated with climate change.”
added
in paragraph (7)—
added
in subparagraph (B), by striking “subsection (d)” in each place it appears and inserting “subsection (b)”; and
added
in subparagraph (C) by striking “subsection (d)(3)(A)(ii)(III)” and inserting “subsection (b)(3)(A)(ii)(III)”;
added
in paragraph (8)—
added
in subparagraph (A) by striking “or subsection (d)” and inserting “or subsection (b)”; and
added
in subparagraph (B)—
added
in clause (i) by striking “subsection (d)” and inserting “subsection (b)”; and
added
in clause (ii) by striking “subsection (d)” and inserting “subsection (b)”;
added
in paragraph (9) by striking “subsection (d)” and inserting “subsection (b)”;
added
in paragraph (10) by striking “subsection (d)” and inserting “subsection (b)”; and
added
in paragraph (12)—
added
by striking “subsection (d)” and inserting “subsection (b)”; and
added
by adding at the end the following:
added “(D) Resilience—The term “resilience” means the ability to anticipate, prepare for, adapt to, withstand, respond to, and recover from operational disruptions and sustain critical operations at ports, including disruptions caused by natural or manmade hazards.
added “(E) Carbon Footprint—The term “carbon footprint” means the total carbon-based pollutants, products, and any greenhouse gases that are emitted into the atmosphere resulting from the consumption of fossil fuels.
added “(F) Climate change—The term “climate change” means detectable changes in 1 or more climate system components over multiple decades, including—
added “(i) changes in the average temperature of the atmosphere or ocean;
added “(ii) changes in regional precipitation, winds, and cloudiness; and
added “(iii) changes in the severity or duration of extreme weather, including droughts, floods, and storms.”
added
in subsection (b)—
added
in the subsection heading by striking “Inland” and inserting “Inland River”;
added
in paragraph (1) by striking “subsection (c)(7)(B)” and inserting “subsection (a)(7)(B)”;
added
in paragraph (3)(A)(ii)(III) by striking “subsection (c)(3)(B)” and inserting “subsection (a)(3)(B)”; and
added
in paragraph (5)(A) by striking “subsection (c)(8)(B)” and inserting “subsection (a)(8)(B)”; and
added
in subsection (c)—
added
by striking “subsection (c) or subsection (d)” and inserting “subsection (a) or subsection (b)”; and
added
by striking “subsection (c)(2)” and inserting “subsection (a)(2)”.
added
Clerical amendments— The table of chapters for subtitle V of title 46, United States Code, as amended by this title, is further amended by inserting after the item relating to chapter 541 the following:
Sec. 3515 Uses of emerging marine technologies and practices
addedadded Section 50307 of title 46, United States Code, is amended—
added
by redesignating subsection (e) as subsection (f);
added
by inserting after subsection (d) the following:
added “(e) Uses—The results of activities conducted under subsection (b)(1) shall be used to inform—
added “(1) the policy decisions of the United States related to domestic regulations; and
added “(2) the position of the United States on matters before the International Maritime Organization.”
added
by adding at the end the following:
added “(g) Air emissions defined—In this section, the term “air emissions” means release into the air of—
added “(1) air pollutants, as such term is defined in section 302 of the Clean Air Act (42 U.S.C. 7602); or
added “(2) gases listed in section 731(2) of the Global Environmental Protection Assistance Act of 1989 (22 U.S.C. 7901(2)).”
Sec. 3516 Prohibition on participation of long term charters in Tanker Security Fleet
added
added
Definition of long term charter— Section 53401 of title 46, United States Code, is amended by adding at the end the following new paragraph:
added “(8) Long term charter—The term “long term charter” means any time charter of a product tank vessel to the United States Government that together with options is for more than 180 days.”
added
Participation of long term charters in Tanker Security Fleet— Section 53404(b) of such title is amended—
added
by striking “The program participant of a” and inserting “Any”;
added
by inserting “long term” before “charter”;
added
by inserting “not” before “eligible”; and
added
by striking “receive payments pursuant to any operating agreement that covers such vessel” and inserting “participate in the Fleet”.
Sec. 3517 Coastwise endorsement
addedadded Notwithstanding sections 12112 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel WIDGEON (United States official number 1299656).
Sec. 3518 Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy, in consultation with the Director of the Office of Naval Research and the heads of other relevant agencies, as determined by the Secretary, shall submit to the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives a report on the combatant commands’ maritime domain awareness efforts to combat the threats posed by illegal, unreported, and unregulated fishing.
added
Contents of report— The report required by subsection (a) shall include a detailed summary of each of the following for each combatant command:
added
The activities undertaken to date to combat the threats posed by illegal, unreported, and unregulated fishing in the geographic area of the combatant command, including the steps taken to build partner capacity to combat such threats.
added
Coordination with the Armed Forces of the United States, partner nations, and public-private partnerships to combat such threats.
added
Efforts undertaken to support unclassified data integration, analysis, and delivery with regional partners to combat such threats.
added
Best practices and lessons learned from existing and previous efforts relating to such threats, including strategies for coordination and successes in public-private partnerships.
added
Limitations related to affordability, resource constraints, or other gaps or factors that constrain the success or expansion of efforts related to such threats.
added
Any new authorities needed to support efforts to combat the threats posed by illegal, unreported, and unregulated fishing.
added
Form of report— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 3519 Coast Guard yard improvement
addedadded Of the amounts authorized to be appropriated under section 4902(2)(A)(ii) of title 14, United States Code, for fiscal year 2022, $175,000,000 shall be made available to the Commandant to improve facilities at the Coast Guard Yard in Baltimore, Maryland, including improvements to dock, dry dock, capital equipment improvements, or dredging necessary to facilitate access to such Yard.
Sec. 3520 Authorization to purchase duplicate medals
added
added
In general— The Secretary of Transportation, acting through the Administrator of the Maritime Administration, may use funds appropriated for the fiscal year in which the date of the enactment of this Act occurs, or funds appropriated for any prior fiscal year, for the Maritime Administration to purchase duplicate medals authorized under the Merchant Mariners of World War II Congressional Gold Medal Act of 2020 (Public Law 116–125) and provide such medals to eligible individuals who engaged in qualified service who submit an application under subsection (b) and were United States merchant mariners of World War II.
added
Application— To be eligible to receive a medal described in subsection (a), an eligible individual who engaged in qualified service shall submit to the Administrator an application containing such information and assurances as the Administrator may require.
added
Eligible individual who engaged in qualified service— In this section, the term eligible individual who engaged in qualified service means an individual who, between December 7, 1941, and December 31, 1946—
added
was a member of the United States merchant marine, including the Army Transport Service and the Navy Transport Service, serving as a crewmember of a vessel that was—
added
operated by the War Shipping Administration, the Office of Defense Transportation, or an agent of such departments;
added
operated in waters other than inland waters, the Great Lakes, and other lakes, bays, or harbors of the United States;
added
under contract or charter to, or property of, the Government of the United States; and
added
serving in the Armed Forces; and
added
while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service.
Sec. 4001 Authorization of amounts in funding tables
added
added
Authorization— Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.
added
Merit-based decisions—
added
In general— A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—
added
except as provided in paragraph (2), be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and
added
comply with other applicable provisions of law.
added
Exception— Paragraph (1)(A) does not apply to a decision to commit, obligate, or expend funds on the basis of a dollar amount authorized pursuant to subsection (a) if the project, program, or activity involved—
added
is listed in section 4201; and
added
is identified as Community Project Funding through the inclusion of the abbreviation “CPF” immediately before the name of the project, program, or activity.
added
Relationship to transfer and programming authority— An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1512 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.
added
Applicability to classified annex— This section applies to any classified annex that accompanies this Act.
added
Oral and written communications— No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.
Sec. 4101 Procurement
addedSec. 4201 Research, development, test, and evaluation
addedSec. 4301 Operation and maintenance
addedSec. 4401 Military personnel
addedSec. 4501 Other authorizations
addedSec. 4601 Military construction
addedSec. 4701 Department of Energy national security programs
addedSec. 5001 Short title
addedadded This title may be cited as the “Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021”.
Sec. 5002 Clarifying amendments to definitions
addedadded Section 1403 of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4702) is amended—
added
by striking paragraph (5) and inserting the following:
added “(5) The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.”
added
in paragraph (6), by inserting “, a resident of a State,” after “national of the United States”.
Sec. 5003 Barry Goldwater Scholarship and Excellence in Education Awards
added
added
Award of scholarships, fellowships, and research internships— Section 1405(a) of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4704(a)) is amended—
added
in the subsection heading, by striking “Award of scholarships and fellowships” and inserting “Award of scholarships, fellowships, and research internships”;
added
in paragraph (1)—
added
by striking “scholarships and fellowships” and inserting “scholarships, fellowships, and research internships”; and
added
by striking “science and mathematics” and inserting “the natural sciences, engineering, and mathematics”;
added
in paragraph (2), by striking “mathematics and the natural sciences” and inserting “the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))”;
added
in paragraph (3), by striking “mathematics and the natural sciences” and inserting “the natural sciences, engineering, and mathematics”;
added
by redesignating paragraph (4) as paragraph (5);
added
in paragraph (5), as so redesignated, by striking “scholarships and fellowships” and inserting “scholarships, fellowships, and research internships”; and
added
by inserting after paragraph (3) the following:
added “(4) Research internships shall be awarded to outstanding undergraduate students who intend to pursue careers in the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).”
added
Barry Goldwater Scholars and Research Interns— Section 1405(b) of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4704(b)) is amended—
added
in the subsection heading, by adding “and Research Interns” after “Scholars”; and
added
by adding at the end the following: “Recipients of research internships under this title shall be known as “Barry Goldwater Interns”.”.
Sec. 5004 Stipends
addedadded Section 1406 of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4705) is amended by adding at the end the following: “Each person awarded a research internship under this title shall receive a stipend as may be prescribed by the Board, which shall not exceed the maximum stipend amount awarded for a scholarship or fellowship.”.
Sec. 5005 Scholarship and research internship conditions
addedadded Section 1407 of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4706) is amended—
added
in the section heading, by inserting “and research internship” after “scholarship”;
added
in subsection (a), by striking the subsection heading and inserting “Scholarship conditions”;
added
in subsection (b), by striking the subsection heading and inserting “Reports on scholarships”; and
added
by adding at the end the following:
added “(c) Research internship conditions—A person awarded a research internship under this title may receive payments authorized under this title only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency and is not engaging in gainful employment other than employment approved by the Foundation pursuant to regulations of the Board.
added “(d) Reports on research internships—The Foundation may require reports containing such information in such form and to be filed at such times as the Foundation determines to be necessary from any person awarded a research internship under this title. Such reports may be accompanied by a certificate from an appropriate official at the institution of higher education or internship employer, approved by the Foundation, stating that such person is maintaining satisfactory progress in the internship, and is not engaged in gainful employment, except as otherwise provided in subsection (c).”
Sec. 5006 Sustainable investments of funds
addedadded Section 1408 of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4707) is amended—
added
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
added
by inserting after subsection (b) the following:
added “(c) Investment in securities—Notwithstanding subsection (b), the Secretary of the Treasury may invest up to 40 percent of any public or private funds received by the Foundation after the date of enactment of the Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021 in securities other than public debt securities of the United States, if—
added “(1) the Secretary receives a determination from the Board that such investments are necessary to enable the Foundation to carry out the purposes of this title; and
added “(2) the securities in which such funds are invested are traded in established United States markets.
added “(d) Construction—Nothing in this section shall be construed to limit the authority of the Board to increase the number of scholarships provided under section 4704, or to increase the amount of the stipend authorized by section 4705, as the Board considers appropriate and is otherwise consistent with the requirements of this title.”
Sec. 5007 Administrative provisions
addedadded Section 1411(a) of the Barry Goldwater Scholarship and Excellence in Education Act (20 U.S.C. 4710(a)) is amended—
added
by striking paragraph (1) and inserting the following:
added “(1) appoint and fix the rates of basic pay of not more than three employees (in addition to the Executive Secretary appointed under section 4709) to carry out the provisions of this title, without regard to the provisions in chapter 33 of title 5, United States Code, governing appointment in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title, except that—
added “(A) a rate of basic pay set under this paragraph may not exceed the maximum rate provided for employees in grade GS–15 of the General Schedule under section 5332 of title 5, United States Code; and
added “(B) the employee shall be entitled to the applicable locality-based comparability payment under section 5304 of title 5, United States Code, subject to the applicable limitation established under subsection (g) of such section;”
added
in paragraph (2), by striking “grade GS–18 under section 5332 of such title” and inserting “level IV of the Executive Schedule”;
added
in paragraph (7), by striking “and” at the end;
added
by redesignating paragraph (8) as paragraph (10); and
added
by inserting after paragraph (7) the following:
added “(8) expend not more than 5 percent of the Foundation’s annual operating budget on programs that, in addition to or in conjunction with the Foundation’s scholarship financial awards, support the development of Goldwater Scholars throughout their professional careers;
added “(9) expend not more than 5 percent of the Foundation’s annual operating budget to pay the costs associated with fundraising activities, including public and private gatherings; and”
Sec. 5101 Enhanced protection against debt collector harassment of servicemembers
added
added
Communication in connection with debt collection— Section 805 of the Fair Debt Collection Practices Act (15 U.S.C. 1692c) is amended by adding at the end the following:
added “(e) Communications concerning servicemember debts
added “(1) Definition—In this subsection, the term covered member means—
added “(A) a covered member or a dependent as defined in section 987(i) of title 10, United States Code; and
added “(B)
added “(i) an individual who was separated, discharged, or released from duty described in such section 987(i)(1), but only during the 365-day period beginning on the date of separation, discharge, or release; or
added “(ii) a person, with respect to an individual described in clause (i), described in subparagraph (A), (D), (E), or (I) of section 1072(2) of title 10, United States Code.
added “(2) Prohibitions—A debt collector may not, in connection with the collection of any debt of a covered member—
added “(A) threaten to have the covered member reduced in rank;
added “(B) threaten to have the covered member’s security clearance revoked; or
added “(C) threaten to have the covered member prosecuted under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).”
added
Unfair practices— Section 808 of the Fair Debt Collection Practices Act (15 U.S.C. 1692f) is amended by adding at the end the following:
added “(9) The representation to any covered member (as defined under section 805(e)(1)) that failure to cooperate with a debt collector will result in—
added “(A) a reduction in rank of the covered member;
added “(B) a revocation of the covered member’s security clearance; or
added “(C) prosecution under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).”
Sec. 5102 Comptroller General study on enhanced protection against debt collector harassment of servicemembers
added
added
Study— The Comptroller General of the United States shall conduct a study of the effects of the amendments made by section 5101 on—
added
the timely delivery of information to a covered member (as defined in section 805(e) of the Fair Debt Collection Practices Act, as added by such section);
added
military readiness; and
added
national security, including the extent to which covered members with security clearances would be affected by uncollected debt.
added
Report— Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Financial Services, the Committee on Armed Services, and Committee on Transportation and Infrastructure of the House of Representatives a report on the study required under subsection (a).
Sec. 5103 Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts
added
added
In general— Title XVI of the International Financial Institutions Act (22 U.S.C. 262p–262p–13) is amended by adding at the end the following:
added “1630. Support to enhance the capacity of Fund members to evaluate the legal and financial terms of sovereign debt contracts
added “The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to advocate that the Fund promote international standards and best practices with respect to sovereign debt contracts and provide technical assistance to Fund members, and in particular to lower middle-income countries and countries eligible to receive assistance from the International Development Association, seeking to enhance their capacity to evaluate the legal and financial terms of sovereign debt contracts with multilateral, bilateral, and private sector creditors.”
added
Report to the congress— Within 1 year after the date of the enactment of this Act, and annually thereafter for the next 4 years, the Secretary of the Treasury shall report to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate on—
added
the activities of the International Monetary Fund in the then most recently completed fiscal year to provide technical assistance described in section 1630 of the International Financial Institutions Act, including the ability of the Fund to meet the demand for the assistance; and
added
the efficacy of efforts by the United States to achieve the policy goal described in such section and any further actions that should be taken, if necessary, to implement that goal.
added
Sunset— The amendment made by subsection (a) shall have no force or effect after the 5-year period that begins with the date of the enactment of this Act.
Sec. 5104 Adverse information in cases of trafficking
added
added
In general— The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B the following:
added “605C. Adverse information in cases of trafficking
added “(a) In general—A consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency.
added “(b) Rulemaking
added “(1) In general—The Director shall, not later than 180 days after the date of the enactment of this section, issue a rule to implement subsection (a).
added “(2) Contents—The rule issued pursuant to paragraph (1) shall establish a method by which consumers shall submit trafficking documentation to consumer reporting agencies.
added “(c) Definitions
added “(1) Trafficking documentation—The term trafficking documentation means—
added “(A) documentation of either—
added “(i) a determination by a Federal or State government entity that a consumer is a victim of trafficking; or
added “(ii) a determination by a court of competent jurisdiction that a consumer is a victim of trafficking; and
added “(B) documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from the severe form of trafficking in persons or sex trafficking of which such consumer is a victim.
added “(2) Victim of trafficking—For the purposes of this section, the term “victim of trafficking” means a person who is a victim of a severe form of trafficking in persons or sex trafficking, as such terms are defined in section 103 of the Trafficking Victims Protection Act of 2000.”
added
Table of contents amendment— The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following new item:
added
Effective date— The amendments made by this section shall apply on the date that is 30 days after the date on which the Director of the Bureau of Consumer Financial Protection issues a rule pursuant to section 605C(b) of the Fair Credit Reporting Act.
Sec. 5105 United States policy regarding international financial institution assistance with respect to advanced wireless technologies
added
added
In general— The Secretary of the Treasury (in this section referred to as the “Secretary”) shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) that it is the policy of the United States to—
added
support assistance by the institution with respect to advanced wireless technologies (such as 5th generation wireless technology for digital cellular networks and related technologies) only if the technologies provide appropriate security for users;
added
proactively encourage assistance with respect to infrastructure or policy reforms that facilitate the use of secure advanced wireless technologies; and
added
cooperate, to the maximum extent practicable, with member states of the institution, particularly with United States allies and partners, in order to strengthen international support for such technologies.
added
Waiver authority— The Secretary may waive subsection (a) on a case-by-case basis, on reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver—
added
will allow the United States to effectively promote the objectives of the policy described in subsection (a); or
added
is in the national interest of the United States, with an explanation of the reasons therefor.
added
Progress report— The Chairman of the National Advisory Council on International Monetary and Financial Policies shall include in the annual report required by section 1701 of the International Financial Institutions Act a description of progress made toward advancing the policy described in subsection (a) of this section.
added
Sunset— The preceding provisions of this section shall have no force or effect after the earlier of—
added
the date that is 7 years after the date of the enactment of this Act; or
added
the date that the Secretary reports to the committees specified in subsection (b) that terminating the effectiveness of the provisions is important to the national interest of the United States, with a detailed explanation of the reasons therefor.
Sec. 5201 Modification of National Defense Science and Technology Strategy
addedadded Section 218(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679) is amended—
added
in paragraph (1)—
added
in the matter preceding subparagraph (A), by striking “Not later than February 4, 2019, the Secretary of Defense shall develop a strategy” and inserting “The Under Secretary of Defense for Research and Engineering, pursuant to guidance provided by the Deputy Secretary of Defense for purposes of this section and in coordination with the entities specified in paragraph (3), shall develop a strategy—”;
added
in subparagraph (A), by striking “and” at the end;
added
in subparagraph (B), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following:
added “(C) to establish an integrated and enduring approach to the identification, prioritization, development, and fielding of emerging capabilities and technologies, including artificial intelligence-enabled applications.”
added
in paragraph (2)—
added
in subparagraph (A), by striking “be aligned with the National Defense Strategy and” and inserting “inform the development of each National Defense Strategy under section 113(g) of title 10, United States Code, and be aligned with”;
added
in subparagraph (B), in the matter preceding clause (i), by inserting “investments,” after “goals,”;
added
in subparagraph (C), by striking “and” at the end;
added
in subparagraph (D), by striking the period at the end and inserting a semicolon; and
added
by adding at the end the following new subparagraphs:
added “(E) identify critical capabilities and technological applications required to address operational challenges outlined in the National Defense Strategy;
added “(F) assess existing capabilities and technologies, including dual-use commercial technologies;
added “(G) based on the determinations made under subparagraphs (E) and (F), inform the agenda of the Department’s research and development organizations, including the Defense Advanced Research Projects Agency, the defense laboratories, university affiliated research centers, and federally funded research and development centers, by identifying potentially disruptive and useful technologies and applications that warrant long-term, exploratory investment;
added “(H) employ a portfolio management approach for pursuing such technologies and applications;
added “(I) build a framework for the rapid integration of existing capabilities and technologies to close near-term capability gaps;
added “(J) provide informed consideration of which technical areas the Department should be working to advance, and which areas the Department should work to incorporate commercial technology; and
added “(K) develop a consistent and transparent approach to strategic defense technology priorities to enable industry to invest deliberately in emerging technologies to build and broaden the capabilities of the industrial base.”
added
by striking paragraphs (3) and (4);
added
by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively;
added
by inserting after paragraph (2) the following new paragraphs:
added “(3) Coordination—The Under Secretary of Defense for Research and Engineering shall develop the strategy under paragraph (1) in coordination with relevant entities within the Office of the Secretary of Defense, the military departments, the research organizations of Defense Agencies and Department of Defense Field Activities, the intelligence community, defense and technology industry partners, research and development partners, other Federal research agencies, and allies and partners of the United States.
added “(4) Considerations—In developing the strategy under paragraph (1), the Under Secretary of Defense for Research and Engineering shall—
added “(A) be informed by the operational challenges identified in the National Defense Strategy and the technological threats and opportunities identified through the global technology review and assessment activities of the Department of Defense, the intelligence community, and other technology partners;
added “(B) support the deliberate development of capabilities based on military requirements and the opportunistic development of capabilities based on emerging technologies;
added “(C) synchronize and integrate the perspectives of members of the covered Armed Forces and technologists;
added “(D) work to align the Department of Defense and the intelligence community to improve interoperability and promote efficiencies;
added “(E) balance investments based on near-term and long-term time horizons and technology maturation, including—
added “(i) mature and commercially available technologies and applications to address near-term capability gaps and operational requirements;
added “(ii) disruptive technologies to enable transformative capabilities and operational concepts over the longer-term; and
added “(iii) foundational research and development and technologies required for long-term innovation;
added “(F) provide strategic guidance to the research, engineering, and acquisition communities of the Department of Defense and to the defense and technology industries that support the Department; and
added “(G) consider the ethical and responsible development and use of emerging technologies.
added “(5) Reports and updates
added “(A) Initial report—Not later than 60 days after the date on which the Under Secretary of Defense for Research and Engineering completes the development of the initial strategy under paragraph (1), the Under Secretary shall submit to the congressional defense committees a report that includes such strategy.
added “(B) Subsequent reports and updates—Not later than the first Monday in February of the year following each fiscal year during which the National Defense Strategy is submitted under section 113(g) of title 10, United States Code, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report that includes an updated version of the strategy under paragraph (1). Each update to such strategy shall be prepared for purposes of such report based on emerging requirements, technological developments in the United States, and technical intelligence derived from global technology reviews conducted by the Secretary of Defense
added “(C) Form of reports—The reports submitted under subparagraphs (A) and (B) shall be submitted in unclassified form, but may include a classified annex.”
added
in paragraph (6), as so redesignated—
added
by striking “14 days” and inserting “90 days”; and
added
by striking “the Secretary” and inserting “the Under Secretary of Defense for Research and Engineering”; and
added
by adding at the end the following new paragraph:
added “(8) Covered Armed Force defined—In this section, the term “covered Armed Force” means the Army, Navy, Air Force, Marine Corps, and Space Force.”
Sec. 5202 Department of Defense plan to compete in the global information environment
added
added
In general— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the plan of the Secretary for the Department of Defense to compete and win in the global information environment. Such plan shall address the global information environment as an arena of competition that is vital to the national security and defense of the United States.
added
Issues to be addressed— The report required by subsection (a) shall address each of the following:
added
How the Department will prioritize the global information environment as an arena for international competition, including a plan for how it will support the larger whole-of-government efforts.
added
How adversarial foreign countries and non-state actors are attempting to define and control the global information environment to shape global opinion and achieve strategic advantage.
added
The critical role of artificial intelligence-enabled malign information in the efforts of adversarial foreign countries and non-state actors to shape global opinion and achieve strategic advantage.
added
Actions to defend, counter, and compete against malign information operations as a national security threat while proactively influencing and deterring adversaries in the global information environment, including a prioritization of such actions.
added
If the Secretary determines necessary, critical weapon systems and infrastructure designations to update sector-specific plans to reflect emerging technologies.
added
An evaluation of the sufficiency of Department of Defense organizational structures and resources to counter and compete against threats and challenges in the global information environment.
Sec. 5203 Resourcing plan for digital ecosystem
added
added
Plan required— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall develop a plan detailing the requisite investments required to develop and implement Department of Defense strategy and guidance documents for a modern, robust digital ecosystem.
added
Documents for implementation— The plan required under subsection (a) shall include a description of the aggregated and consolidated financial and personnel requirements necessary to implement each of the following Department of Defense documents:
added
The Department of Defense Digital Modernization Strategy.
added
The Department of Defense Data Strategy.
added
The Department of Defense Cloud Strategy.
added
The Department of Defense Software Modernization Strategy.
added
The Department-wide software science and technology strategy required under section 255 of the National Defense Authorization Act for Fiscal Year 2020.
added
The Department of Defense Artificial Intelligence Data Initiative.
added
The Joint All-Domain Command and Control Strategy.
added
Such other documents as the Secretary determines appropriate.
added
Contents of plan— The plan required under subsection (a) shall include each of the following:
added
A description of the resources, personnel, processes, reforms, and other requisite components to enable development, testing, fielding, and continuous update of artificial intelligence-powered applications at speed and scale from headquarters to the tactical edge.
added
An evolving reference design and guidance for needed technical investments in the proposed digital ecosystem that addresses issues, including common interfaces, authentication, applications, platforms, software, hardware, and data infrastructure.
added
A governance structure, together with associated policies and guidance, to drive the implementation of the plan throughout the Department of Defense on a federated basis.
added
Submission to congress— Not later than seven days after the completion of the plan required under subsection (a), the Secretary of Defense shall submit the plan to the congressional defense committees.
Sec. 5204 Digital Talent recruiting officer
added
added
Digital talent recruiting for the Department of Defense—
added
In general— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall designate a chief digital recruiting officer within the office of the Under Secretary of Defense for Personnel and Readiness to carry out the responsibilities set forth in paragraph (2).
added
Responsibilities— The chief digital recruiting officer shall be responsible for—
added
identifying Department of Defense needs for, and skills gaps in, specific types of civilian digital talent;
added
recruiting individuals with the skill that meet the needs and skills gaps identified in paragraph (2)(A), in partnership with the military services and defense components, including by attending conferences and career fairs, and actively recruiting on university campuses and from the private sector;
added
ensuring Federal scholarship for service programs are incorporated into civilian recruiting strategies;
added
when appropriate and within authority granted under other Federal law, offering recruitment and referral bonuses; and
added
partnering with human resource teams in the military services and defense components to help train all Department of Defense human resources staff on the available hiring flexibilities to accelerate the hiring of individuals with the skills that fill the needs and skills gaps identified in paragraph (2)(A).
added
Resources— The Secretary of Defense shall ensure that the chief digital recruiting officer is provided with personnel and resources sufficient to carry out the duties set forth in paragraph (2).
added
Role of Chief Human Capital Officer—
added
In general— The chief digital recruiting officer shall report directly to the Chief Human Capital Officer.
added
Incorporation— The Chief Human Capital Officer shall ensure that the chief digital recruiting officer is incorporated into the agency human capital operating plan and recruitment strategy. In carrying out this paragraph, the Chief Human Capital Officer shall ensure that the chief digital recruiting officer’s responsibilities are deconflicted with any other recruitment initiatives and programs.
added
Digital talent defined— For the purposes of this section, the term “digital talent” includes positions and capabilities in, or related to, software development, engineering, and product management; data science; artificial intelligence; autonomy; data management; product and user experience design; and cybersecurity.
Sec. 5205 Occupational series for digital career fields
addedadded Not later than 270 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall, pursuant to chapter 51 of title 5, United States Code, establish or update one or more occupational series covering Federal Government positions in the fields of software development, software engineering, data science, and data management.
Sec. 5206 Artificial intelligence readiness goals
added
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall review the potential applications of artificial intelligence and digital technology to Department of Defense platforms, processes and operations, and establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into such platforms, processes, and operations.
added
Skills gaps— As a part of the review required by subsection (a), the Secretary shall direct the military departments and defense components to—
added
conduct a comprehensive review of skill gaps in the fields of software development, software engineering, knowledge management, data science, and artificial intelligence;
added
assess the number and qualifications of civilian personnel needed for both management and specialist tracks in such fields; and
added
establish recruiting, training, and talent management goals to achieve and maintain staffing levels needed to fill identified gaps and meet the Department’s needs for skilled personnel.
added
Report to Congress— Not later than 120 days after the completion of the review required by subsection (a), the Secretary shall report to Congress on the findings of the review and any action taken or proposed to be taken by the Secretary to address such findings.
Sec. 5207 Pilot program to facilitate the agile acquisition of technologies for warfighters
added
added
Establishment— Subject to the availability of appropriations in a program element for this purpose, the Secretary of Defense shall establish and carry out a pilot program to be known as the “Warfighter Innovation Transition Project” (referred to in this section as the “Project”). Under the Project, the Secretary shall seek to make grants to, or enter into contracts or other agreements with, technology producers—
added
to facilitate the agile acquisition of technologies, including capabilities, software, and services, to support warfighters; and
added
to transition such technologies, including technologies developed from pilot programs, prototype projects, or other research and development programs, from the prototyping phase to production for implementation within the Department of Defense.
added
Administration— The Deputy Secretary of Defense shall administer the Project in coordination with the Joint Staff, the service acquisition executive of each military department, Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment.
added
Activities— A technology producer that receives a grant, contract, or other agreement under the Project may conduct the following activities under such grant, contract, or other agreement:
added
To provide commercially available technologies to each Secretary of a military department and commanders of combatant commands to support warfighters.
added
To build and strengthen relationships of the Department of Defense with nontraditional defense contractors (as defined in section 2302 of title 10, United States Code) in the technology industry that may have unused or underused solutions to the specific operational challenges of the Department.
added
Subsequent awards— A technology producer may receive a subsequent grant, contract, or other agreement under the Project if—
added
the duration of such subsequent grant, contract, or other agreement is not more than three years; and
added
the amount of such subsequent grant, contract, or other agreement is not greater than $50,000,000 per fiscal year.
added
Priority of awards— In providing assistance under the Project, the Deputy Secretary of Defense shall give preference to technology producers that—
added
offer commercial products or commercial services, as required by section 2377 of title 10, United States Code; and
added
are developing a technology or a potential technology that has received a grant, contract, or other agreement from—
added
the Small Business Innovation Research Program or Small Business Technology Transfer Program (as such terms are defined, respectively, in section 9 of the Small Business Act (15 U.S.C. 638)); or
added
another acquisition program of the Department of Defense.
added
Data collection—
added
Plan required before implementation— The Secretary of Defense may not commence the Project until the date on which the Secretary—
added
completes a plan for carrying out the data collection required under paragraph (2); and
added
submits the plan to the congressional defense committees.
added
Data collection required— The Secretary of Defense shall collect and analyze data on the Project for the purposes of—
added
developing and sharing best practices for achieving the objectives of the Project;
added
providing information to the Secretary of Defense on the implementation of the Project and related policy issues; and
added
reporting to the congressional defense committees as required under subsection (g).
added
Biannual reports— Not later than March 1 and September 1 of each year beginning after the date of the enactment of this Act until the termination of the Project, the Secretary of Defense, in coordination with the Joint Staff, the applicable service acquisition executive of each military department, Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on the use of funds under the Project. Each such report shall include the following:
added
An explanation how grants, contracts, or other agreements made under the Project met mission requirements during the period covered by the report, including—
added
the value of each grant, contract, or other agreement made under the Project;
added
a description of the technology funded with such grant, contract, or other agreement; and
added
the estimate future costs of such technology for the successful transition of such technology to implementation within the Department of Defense.
added
A description of the capabilities being tested under the Project as of the date of the report and the proposed path to implement such capabilities within the Department.
added
The data and analysis required under subsection (f).
added
A list and detailed description of lessons learned from the Project as of the date of the report.
added
Termination— The Project shall terminate on December 31, 2026.
added
Definitions— In this section:
added
The term agile acquisition means acquisition using agile or iterative development.
added
The term agile or iterative development—
added
means acquisition pursuant to a method for delivering multiple, rapid, incremental capabilities to the user for operational use, evaluation, and feedback not exclusively linked to any single, proprietary method or process; and
added
involves—
added
the incremental development and fielding of capabilities which can be measured in short timeframe; and
added
continuous participation and collaboration by users, testers, and requirements authorities.
added
The term technology producer means an individual or entity engaged in the research, development, production, or distribution of science or technology that—
added
the Secretary of Defense determines may be of use to the Department of Defense;
added
at the time of receipt of a grant, contract, or other agreement under the Project, has performed or is performing one or more contracts with the Department of Defense, where such contracts have a total value that does not exceed $500,000,000.
added
The term warfighter means a member of the Armed Forces (other than the Coast Guard).
Sec. 5208 Short course on emerging technologies for senior civilian leaders
added
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish a short course on emerging technologies for senior executive-level civilian leaders. The short course shall be taught on an iterative, two-year cycle and shall address the most recent, most relevant technologies and how these technologies may be applied to military and business outcomes in the Department of Defense.
added
Throughput objectives— In assessing participation in the short course authorized by subsection (a), the Secretary of Defense shall ensure that—
added
in the first year that the course is offered, no fewer than twenty percent of senior executive-level civilian leaders are certified as having passed the short course required by subsection (a); and
added
in each subsequent year, an additional ten percent of senior executive-level civilian leaders are certified as having passed such course, until such time as eighty percent of such leaders are so certified.
Sec. 5301 Great Lakes winter shipping
added
added
Short title— This section may be cited as the “Great Lakes Winter Shipping Act of 2021”.
added
Great Lakes icebreaking operations—
added
GAO report—
added
In general— Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on Coast Guard icebreaking in the Great Lakes.
added
Elements— The report required under subparagraph (A) shall—
added
evaluate—
added
the economic impact related to vessel delays or cancellations associated with ice coverage on the Great Lakes;
added
the impact the standards proposed in paragraph (2) would have on Coast Guard operations in the Great Lakes if such standards were adopted;
added
the fleet mix of medium icebreakers and icebreaking tugs necessary to meet the standards proposed in paragraph (2); and
added
the resources necessary to support the fleet described in subclause (III), including billets for crew and operating costs; and
added
make recommendations to the Commandant for improvements to the Great Lakes icebreaking program, including with respect to facilitating shipping and meeting all Coast Guard mission needs.
added
Proposed standards for icebreaking operations— The proposed standards, the impact of the adoption of which is evaluated in subclauses (II) and (III) of paragraph (1)(B)(i), are the following:
added
Except as provided in subparagraph (B), that ice-covered waterways in the Great Lakes shall be open to navigation not less than 90 percent of the hours that vessels engaged in commercial service and ferries attempt to transit such ice-covered waterways.
added
In a year in which the Great Lakes are not open to navigation as described in subparagraph (A) because of ice of a thickness that occurs on average only once every 10 years, ice-covered waterways in the Great Lakes shall be open to navigation at least 70 percent of the hours that vessels engaged in commercial service and ferries attempt to transit such ice-covered waterways.
added
Report by Commandant— Not later than 90 days after the date on which the Comptroller General submits the report under paragraph (1), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes the following:
added
A plan for Coast Guard implementation of any recommendation made by the Comptroller General under paragraph (1)(B)(ii) with which the Commandant concurs.
added
With respect to any recommendation made under paragraph (1)(B)(ii) with which the Commandant does not concur, an explanation of the reasons why the Commandant does not concur.
added
A review of, and a proposed implementation plan for, the results of the fleet mix analysis under paragraph (1)(B)(i)(III).
added
Any proposed modifications to current Coast Guard Standards for icebreaking operations in the Great Lakes.
added
Pilot program— During the 5 ice seasons following the date of enactment of this Act, the Coast Guard shall conduct a pilot program to determine the extent to which the current Coast Guard Great Lakes icebreaking cutter fleet can meet the proposed standards described in paragraph (2).
added
Data on icebreaking operations in the Great Lakes—
added
In general— The Commandant shall collect, during ice season, archive, and disseminate data on icebreaking operations and transits on ice-covered waterways in the Great Lakes of vessels engaged in commercial service and ferries.
added
Elements— Data collected, archived, and disseminated under paragraph (1) shall include the following:
added
Voyages by vessels engaged in commercial service and ferries to transit ice-covered waterways in the Great Lakes that are delayed or cancelled because of the nonavailability of a suitable icebreaking vessel.
added
Voyages attempted by vessels engaged in commercial service and ferries to transit ice-covered waterways in the Great Lakes that do not reach their intended destination because of the nonavailability of a suitable icebreaking vessel.
added
The period of time that each vessel engaged in commercial service or ferry was delayed in getting underway or during a transit of ice-covered waterways in the Great Lakes due to the nonavailability of a suitable icebreaking vessel.
added
The period of time elapsed between each request for icebreaking assistance by a vessel engaged in commercial service or ferry and the arrival of a suitable icebreaking vessel and whether such icebreaking vessel was a Coast Guard or commercial asset.
added
The percentage of hours that Great Lakes ice-covered waterways were open to navigation, as defined by this section, while vessels engaged in commercial service and ferries attempted to transit such waterways for each ice season after the date of enactment of this section.
added
Relevant communications of each vessel engaged in commercial service or ferry with the Coast Guard or commercial icebreaking service providers with respect to subparagraphs (A) through (D).
added
A description of any mitigating circumstance, such as Coast Guard Great Lakes icebreaker diversions to higher priority missions, that may have contributed to the amount of time described in subparagraphs (C) and (D) or the percentage of time described in subparagraph (E).
added
Voluntary reporting— Any reporting by operators of commercial vessels engaged in commercial service or ferries under this Act shall be voluntary.
added
Public availability— The Commandant shall make the data collected, archived and disseminated under this subsection available to the public on a publicly accessible internet website of the Coast Guard.
added
Consultation with industry— With respect to the Great Lakes icebreaking operations of the Coast Guard and the development of the data collected, archived, and disseminated under this subsection, the Commandant shall consult operators of vessel engaged in commercial service and ferries.
added
Definitions— In this subsection:
added
Vessel— The term “vessel” has the meaning given such term in section 3 of title 1, United States Code.
added
Commercial service— The term “commercial service” has the meaning given such term in section 2101(4) of title 46, United States Code.
added
Great Lakes— The term “Great Lakes”—
added
has the meaning given such term in section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268); and
added
includes harbors adjacent to such waters.
added
Ice-covered waterway— The term “ice-covered waterway” means any portion of the Great Lakes, as defined by subparagraph (C), in which vessels engaged in commercial service or ferries operate that is 70 percent or greater covered by ice, but does not include any waters adjacent to piers or docks for which commercial icebreaking services are available and adequate for the ice conditions.
added
Open to navigation— The term “open to navigation” means navigable to the extent necessary to meet the reasonable demands of shipping, minimize delays to passenger ferries, extricate vessels and persons from danger, prevent damage due to flooding, and conduct other Coast Guard missions as required.
added
Reasonable demands of shipping— The term “reasonable demands of shipping” means the safe movement of vessels engaged in commercial service and ferries transiting ice-covered waterways in the Great Lakes to their intended destination, regardless of type of cargo.
added
Great Lakes icebreaker acquisition— Of the amounts authorized to be appropriated under section 4902(2)(A)(ii) of title 14, United States Code—
added
for fiscal year 2022, $350,000,000 shall be made available to the Commandant for the acquisition of a Great Lakes icebreaker at least as capable as Coast Guard Cutter Mackinaw (WLBB–30); and
added
for fiscal year 2023, $20,000,000 shall be made available to the Commandant for the design and selection of icebreaking cutters for operation in the Great Lakes, the Northeastern United States, and the Arctic, as appropriate, that are at least as capable as the Coast Guard 140-foot icebreaking tugs.
added
Prohibition on contract or use of funds for development of common hull design— Section 8105 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking subsection (b) and inserting the following:
added “(b) Report—Not later than 90 days after the date of the enactment of this subsection, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representative a report on the operational benefits and limitations of a common hull design for icebreaking cutters for operation in the Great Lakes, the Northeastern United States, and the Arctic, as appropriate, that are at least as capable as the Coast Guard 140-foot icebreaking tugs.”
Sec. 6001 FAA rating of civilian pilots of the Department of Defense
added
added
Eligibility for certain ratings— Not later than 18 months after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall revise section 61.73 of title 14, Code of Federal Regulations to ensure that a Department of Defense civilian pilot is eligible for a rating based on qualifications earned as a Department of Defense pilot, pilot instructor, or pilot examiner in the same manner that a military pilot is eligible for such a rating based on qualifications earned as a military pilot, pilot instructor, or pilot examiner.
added
Definitions— In this section:
added
The term Department of Defense civilian pilot—
added
means an individual, other than a military pilot, who is employed as a pilot by the Department of Defense; and
added
does not include a contractor of the Department of Defense.
added
The term military pilot means a military pilot, as such term is used in section 61.73 of title 14, Code of Federal Regulations (as in effect on the date of the enactment of this Act).
Sec. 6002 Property disposition for affordable housing
addedadded Section 5334(h)(1) of title 49, United States Code, is amended to read as follows:
added “(1) In general—If a recipient of assistance under this chapter decides an asset acquired under this chapter at least in part with that assistance is no longer needed for the purpose for which such asset was acquired, the Secretary may authorize the recipient to transfer such asset to—
added “(A) a local governmental authority to be used for a public purpose with no further obligation to the Government if the Secretary decides—
added “(i) the asset will remain in public use for at least 5 years after the date the asset is transferred;
added “(ii) there is no purpose eligible for assistance under this chapter for which the asset should be used;
added “(iii) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and
added “(iv) through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land; or
added “(B) a local governmental authority, nonprofit organization, or other third party entity to be used for the purpose of transit-oriented development with no further obligation to the Government if the Secretary decides—
added “(i) the asset is a necessary component of a proposed transit-oriented development project;
added “(ii) the transit-oriented development project will increase transit ridership;
added “(iii) at least 40 percent of the housing units offered in the transit-oriented development, including housing units owned by nongovernmental entities, are legally binding affordability restricted to tenants with incomes at or below 60 percent of the area median income and owners with incomes at or below 60 percent the area median income, which shall include at least 20 percent of such housing units offered restricted to tenants with incomes at or below 30 percent of the area median income and owners with incomes at or below 30 percent the area median income;
added “(iv) the asset will remain in use as described in this section for at least 30 years after the date the asset is transferred; and
added “(v) with respect to a transfer to a third party entity—
added “(I) a local government authority or nonprofit organization is unable to receive the property;
added “(II) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and
added “(III) the third party has demonstrated a satisfactory history of construction or operating an affordable housing development.”
Sec. 6003 Requirement to establish a national network for microelectronics research and development
addedadded Section 9903(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended in the matter preceding subparagraph (A) by striking “may” and inserting “shall”.
Sec. 6004 Definition of State for purposes of Omnibus Crime Control and Safe Streets Act of 1968
addedadded Section 901(a)(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)(2)) is amended by striking “Northern Mariana Islands” and all that follows through “Commonwealth of the Northern Mariana Islands.” and inserting “Northern Mariana Islands;”.
Sec. 6005 Advancing Mutual Interests and Growing Our Success
added
added
Nonimmigrant traders and investors— For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), Portugal shall be considered to be a foreign state described in such section if the Government of Portugal provides similar nonimmigrant status to nationals of the United States.
added
Modification of eligibility criteria for E visas— Section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended—
added
in the matter preceding clause (i)—
added
by inserting “(or, in the case of an alien who acquired the relevant nationality through a financial investment and who has not previously been granted status under this subparagraph, the foreign state of which the alien is a national and in which the alien has been domiciled for a continuous period of not less than 3 years at any point before applying for a nonimmigrant visa under this subparagraph)” before “, and the spouse”; and
added
by striking “him” and inserting “such alien”; and
added
by striking “he” each place such term appears and inserting “the alien”.
Sec. 6006 Department of Veterans Affairs Governors Challenge grant program
added
added
Governors Challenge Program— The Secretary of Veterans Affairs shall carry out a grant program to be known as the “Governors Challenge Program” under which the Secretary shall provide technical assistance to States and American Indian and Alaska Native tribes for the development of veteran suicide prevention activities.
added
Governors Challenge Implementation Grant Program—
added
Authority— The Secretary of Veterans Affairs shall carry out a grant program, to be known as the “Governors Challenge Implementation Grant Program” under which the Secretary shall make grants to eligible entities for the purpose of developing and implementing plans developed by the entities to prevent veteran suicides.
added
Eligible entities— For purposes of the grant program under paragraph (1), an eligible entity is a State or an American Indian or Alaska Native tribe—
added
that—
added
in the case of a State, develops a veteran suicide prevention plan, known as a “Governors Challenge Action Plan”; or
added
in the case of an American Indian or Alaska Native tribe, develops a veteran suicide prevention plan; and
added
that submits to the Secretary a proposal for the implementation of such plan that contains such information and assurances as the Secretary may require.
added
Award of grant— The Secretary shall award grants under this subsection as follows:
added
For fiscal year 2022, the Secretary shall award grants to 20 eligible entities.
added
For each of fiscal years 2023 and 2024, the Secretary shall award grants to 24 eligible entities.
added
Amount of grant; limitation—
added
Amount— The recipient of a grant under this subsection shall receive an amount of not more than $500,000 for any fiscal year for a maximum of three years.
added
Limitation on use of funds— The recipient of a grant under this subsection may not use more than ten percent of the amount of the grant for administrative costs.
added
Authorization of appropriations—
added
In general— There is authorized to be appropriated to carry out this subsection—
added
$10,000,000 for fiscal year 2022;
added
$12,000,000 for fiscal year 2023; and
added
$14,000,000 for fiscal year 2024.
added
Relationship to other amounts— Amounts authorized to be appropriated pursuant to subparagraph (A) shall be in addition to any other amounts otherwise available for the Governors Challenge Program.
Sec. 6007 Foreign Corruption Accountability
added
added
Findings— Congress finds the following:
added
When public officials and their allies use the mechanisms of government to engage in extortion or bribery, they impoverish their countries’ economic health and harm citizens.
added
By empowering the United States Government to hold to account foreign public officials and their associates who engage in extortion or bribery, the United States can deter malfeasance and ultimately serve the citizens of fragile countries suffocated by corrupt bureaucracies.
added
The Special Inspector General for Afghan Reconstruction’s 2016 report “Corruption in Conflict: Lessons from the U.S. Experience in Afghanistan” included the recommendation, “Congress should consider enacting legislation that authorizes sanctions against foreign government officials or their associates who engage in corruption.”.
added
Authorization of imposition of sanctions—
added
In general— The President may impose the sanctions described in paragraph (2) with respect to any foreign person who is an individual the President determines—
added
engages in public corruption activities against a United States person, including—
added
soliciting or accepting bribes;
added
using the authority of the state to extort payments; or
added
engaging in extortion; or
added
conspires to engage in, or knowingly and materially assists, sponsors, or provides significant financial, material, or technological support for any of the activities described in subparagraph (A).
added
Sanctions described—
added
Inadmissibility to United States— A foreign person who is subject to sanctions under this section shall be—
added
inadmissible to the United States;
added
ineligible to receive a visa or other documentation to enter the United States; and
added
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
added
Current visas revoked—
added
In general— The visa or other entry documentation of a foreign person who is subject to sanctions under this section shall be revoked regardless of when such visa or other entry documentation is issued.
added
Effect of revocation— A revocation under clause (i) shall—
added
take effect immediately; and
added
automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession.
added
Exception to comply with law enforcement objectives and agreement regarding headquarters of United Nations— Sanctions described under paragraph (2) shall not apply to a foreign person if admitting the person into the United States—
added
would further important law enforcement objectives; or
added
is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States.
added
Termination of sanctions— The President may terminate the application of sanctions under this subsection with respect to a foreign person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that—
added
the person is no longer engaged in the activity that was the basis for the sanctions or has taken significant verifiable steps toward stopping the activity;
added
the President has received reliable assurances that the person will not knowingly engage in activity subject to sanctions under this part in the future; or
added
the termination of the sanctions is in the national security interests of the United States.
added
Regulatory authority— The President shall issue such regulations, licenses, and orders as are necessary to carry out this subsection.
added
Appropriate congressional committees defined— In this subsection, the term appropriate congressional committees means—
added
the Committee on the Judiciary, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives; and
added
the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate.
added
Reports to Congress—
added
In general— The President shall submit to the appropriate congressional committees, in accordance with paragraph (2), a report that includes—
added
a list of each foreign person with respect to whom the President imposed sanctions pursuant to subsection (b) during the year preceding the submission of the report;
added
the number of foreign persons with respect to which the President—
added
imposed sanctions under subsection (b)(1) during that year; and
added
terminated sanctions under subsection (b)(4) during that year;
added
the dates on which such sanctions were imposed or terminated, as the case may be;
added
the reasons for imposing or terminating such sanctions;
added
the total number of foreign persons considered under subsection (b)(3) for whom sanctions were not imposed; and
added
recommendations as to whether the imposition of additional sanctions would be an added deterrent in preventing public corruption.
added
Dates for submission—
added
Initial report— The President shall submit the initial report under paragraph (1) not later than 120 days after the date of the enactment of this Act.
added
Subsequent reports— The President shall submit a subsequent report under paragraph (1) on December 10, or the first day thereafter on which both Houses of Congress are in session, of—
added
the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that calendar year; and
added
each calendar year thereafter.
added
Form of report—
added
In general— Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
added
Exception— The name of a foreign person to be included in the list required by paragraph (1)(A) may be submitted in the classified annex authorized by subparagraph (A) only if the President—
added
determines that it is vital for the national security interests of the United States to do so; and
added
uses the annex in a manner consistent with congressional intent and the purposes of this Act.
added
Public availability—
added
In general— The unclassified portion of the report required by paragraph (1) shall be made available to the public, including through publication in the Federal Register.
added
Nonapplicability of confidentiality requirement with respect to visa records— The President shall publish the list required by paragraph (1)(A) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States.
added
Appropriate congressional committees defined— In this subsection, the term appropriate congressional committees means—
added
the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and
added
the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.
added
Sunset—
added
In general— The authority to impose sanctions under subsection (b) and the requirements to submit reports under subsection (c) shall terminate on the date that is 6 years after the date of enactment of this Act.
added
Continuation in effect of sanctions— Sanctions imposed under subsection (b) on or before the date specified in paragraph (1), and in effect as of such date, shall remain in effect until terminated in accordance with the requirements of subsection (b)(4).
added
Definitions— In this section:
added
Entity— The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.
added
Foreign person— The term foreign person means a person that is not a United States person.
added
United States person— The term United States person means a person that is a United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.
added
Person— The term person means an individual or entity.
added
Public corruption— The term “public corruption” means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.
Sec. 6008 Justice for Victims of Kleptocracy
added
added
Forfeited property—
added
In general— Chapter 46 of title 18, United States Code, is amended by adding at the end the following:
added “988. Accounting of certain forfeited property
added “(a) Accounting—The Attorney General shall make available to the public an accounting of any property relating to foreign government corruption that is forfeited to the United States under section 981 or 982.
added “(b) Format—The accounting described under subsection (a) shall be published on the website of the Department of Justice in a format that includes the following:
added “(1) A heading as follows: “Assets stolen from the people of ______ and recovered by the United States”, the blank space being filled with the name of the foreign government that is the target of corruption.
added “(2) The total amount recovered by the United States on behalf of the foreign people that is the target of corruption at the time when such recovered funds are deposited into the Department of Justice Asset Forfeiture Fund or the Department of the Treasury Forfeiture Fund
added “(c) Updated website—The Attorney General shall update the website of the Department of Justice to include an accounting of any new property relating to foreign government corruption that has been forfeited to the United States under section 981 or 982 not later than 14 days after such forfeiture, unless such update would compromise an ongoing law enforcement investigation.”
added
Clerical amendment— The table of sections for chapter 46 of title 18, United States Code, is amended by adding at the end the following:
added
Sense of Congress— It is the sense of Congress that recovered assets be returned for the benefit of the people harmed by the corruption under conditions that reasonably ensure the transparent and effective use, administration and monitoring of returned proceeds.
Sec. 6009 Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria
addedadded Section 201(c)(2) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note) is amended, in the matter before subparagraph (A), by striking “or Iraq” and inserting “, Iraq, Egypt, or Syria”.
Sec. 6010 Extension of period of eligibility by reason of school closures due to emergency and other situations under Department of Veterans Affairs training and rehabilitation program for veterans with service-connected disabilities
addedadded Section 3103 of title 38, United States Code, is amended—
added
in subsection (a), by striking “or (g)” and inserting “(g), or (h)”; and
added
by adding at the end the following new subsection:
added “(h)
added “(1) In the case of a veteran who is eligible for a vocational rehabilitation program under this chapter and who is prevented from participating in the vocational rehabilitation program within the period of eligibility prescribed in subsection (a) because of a covered reason, as determined by the Secretary, such period of eligibility—
added “(A) shall not run during the period the veteran is so prevented from participating in such program; and
added “(B) shall again begin running on a date determined by the Secretary that is—
added “(i) not earlier than the first day after the veteran is able to resume participation in a vocational rehabilitation program under this chapter; and
added “(ii) not later than 90 days after that day.
added “(2) In this subsection, a covered reason is—
added “(A) the temporary or permanent closure of an educational institution by reason of an emergency situation; or
added “(B) another reason that prevents the veteran from participating in the vocational rehabilitation program, as determined by the Secretary.”
Sec. 6011 Extension of time limitation for use of entitlement under Department of Veterans Affairs educational assistance programs by reason of school closures due to emergency and other situations
added
added
Montgomery GI Bill— Section 3031 of title 38, United States Code, is amended—
added
in subsection (a), by inserting “and subsection (i)” after “through (g)”; and
added
by adding at the end the following new subsection:
added “(i)
added “(1) In the case of an individual eligible for educational assistance under this chapter who is prevented from pursuing the individual's chosen program of education before the expiration of the 10-year period for the use of entitlement under this chapter otherwise applicable under this section because of a covered reason, as determined by the Secretary, such 10-year period—
added “(A) shall not run during the period the individual is so prevented from pursuing such program; and
added “(B) shall again begin running on a date determined by the Secretary that is—
added “(i) not earlier than the first day after the individual is able to resume pursuit of a program of education with educational assistance under this chapter; and
added “(ii) not later than 90 days after that day.
added “(2) In this subsection, a covered reason is—
added “(A) the temporary or permanent closure of an educational institution by reason of an emergency situation; or
added “(B) another reason that prevents the individual from pursuing the individual’s chosen program of education, as determined by the Secretary.”
added
Post-9/11 Educational Assistance— Section 3321(b)(1) of such title is amended—
added
by inserting “(A)” before “Subsections”;
added
by striking “and (d)” and inserting “(d), and (i)”; and
added
by adding at the end the following new subparagraph:
added “(B) Subsection (i) of section 3031 of this title shall apply with respect to the running of the 15-year period described in paragraphs (4)(A) and (5)(A) of this subsection in the same manner as such subsection applies under section 3031 with respect to the running of the 10-year period described in section 3031(a).”
Sec. 6012 Exemption of certain Homeland Security fees for certain immediate relatives of an individual who received the Purple Heart
added
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall include on a certain application or petition an opportunity for certain immediate relatives of an individual who was awarded the Purple Heart to identify themselves as such an immediate relative.
added
Fee exemption— The Secretary shall exempt certain immediate relatives of an individual who was awarded the Purple Heart, who identifies as such an immediate relative on a certain application or petition, from a fee with respect to a certain application or petition and any associated fee for biometrics.
added
Pending applications and petitions— The Secretary of Homeland Security may waive fees for a certain application or petition and any associated fee for biometrics for certain immediate relatives of an individual who was awarded the Purple Heart, if such application or petition is submitted not more than 90 days after the date of the enactment of this Act.
added
Definition— In this section:
added
Certain application or petition— The term “certain application or petition” means—
added
an application using Form–400, Application for Naturalization (or any successor form); or
added
a petition using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (or any successor form).
added
Certain immediate relatives of an individual who was awarded the Purple Heart— The term “certain immediate relatives of an individual who was awarded the Purple Heart” means an immediate relative of a living or deceased member of the Armed Forces who was awarded the Purple Heart and who is not a person ineligible for military honors pursuant to section 985(a) of title 10, United States Code.
added
Immediate relative— The term “immediate relative” has the meaning given such term in section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)).