“(b) Report on Retirement of Aircraft.—
“(1) In general.—Beginning with fiscal year 2023, for any fiscal year in which the Secretary of the Air Force expects the total aircraft inventory of fighter aircraft of the Air Force or the total primary mission aircraft inventory of fighter aircraft of the Air Force to decrease below the levels specified in section 9062(i)(1) of title 10, United States Code, the Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following:
“(A) A detailed rationale for the retirement of existing fighter aircraft and a detailed operational analysis of the portfolio of capabilities of the Air Force that demonstrates performance of the designated mission at an equal or greater level of effectiveness as the retiring aircraft.
“(B) An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of the force mix ratio of fighter aircraft and how existing aircraft inventory levels and unit personnel levels for the active and reserve components are proposed to change during the fiscal year in which fighter aircraft will be retired.
“(C) A detailed assessment of the current operational risk and the operational risk that will be incurred for meeting—
“(i) the requirements of the National Defense Strategy and combatant commanders; and
“(ii) operational plans for major contingency operations and steady-state or rotational operations.
“(D) Such other matters relating to the retirement of fighter aircraft as the Secretary considers appropriate.
“(2) Timing of report.—Each report required under paragraph (1) shall be included in the materials submitted in support of the budget of the President (as submitted to Congress under section 1105(a) of title 31, United States Code) for the fiscal year in which applicable decrease in fighter aircraft inventory levels is expected to occur.”
“(d) Exceptions.—The requirement in subsection (b) shall not apply to an aircraft otherwise required to be maintained by that subsection if the Secretary of the Air Force—
“(1) at any time during the period beginning on the date of the enactment of this Act and ending on October 1, 2023, determines, on a case-by-case basis, that such aircraft is no longer mission capable due to mishap or other damage, or being uneconomical to repair; or
“(2) during fiscal year 2023, certifies in writing to the congressional defense committees, not later than 30 days before the date of divestment of such aircraft, that the Air Force can meet combatant command tanker aircraft requirements by leveraging Air National Guard and Air Force Reserve capacity with increased Military Personnel Appropriation (MPA) Man-day Tours to the reserve force.”
Ҥ 118c. National Defense Science and Technology Strategy
“(a) In General.—The Secretary of Defense shall develop a strategy—
“(1) to articulate the science and technology priorities, goals, and investments of the Department of Defense;
“(2) to make recommendations on the future of the defense research and engineering enterprise and its continued success in an era of strategic competition; and
“(3) to establish an integrated approach to the identification, prioritization, development, and fielding of emerging capabilities and technologies.
“(b) Elements.—The strategy required under subsection (a) shall—
“(1) inform the development of each National Defense Strategy under section 113(g) of this title and be aligned with Government-wide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President;
“(2) link the priorities, goals, and investments in subsection (a)(1) with needed critical enablers to specific programs, or broader portfolios, including—
“(A) personnel and workforce capabilities;
“(B) facilities for research and test infrastructure;
“(C) relationships with academia, the acquisition community, the operational community, the defense industry, and the commercial sector; and
“(D) funding, investments, personnel, facilities, and relationships with other departments and agencies of the Federal Government outside the Department of Defense without which defense capabilities would be severely degraded;
“(3) support the coordination of acquisition priorities, programs, and timelines of the Department with the activities of the defense research and engineering enterprise;
“(4) include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy;
“(5) identify mechanisms that may be used to identify critical capabilities and technological applications required to address operational challenges outlined in the National Defense Strategy under section 113(g) of this title;
“(6) identify processes to inform senior leaders and policy makers on the potential impacts of emerging technologies for the purpose of shaping the development of policies and regulations;
“(7) support the efficient integration of capabilities and technologies to close near-term, mid-term, and long-term capability gaps;
“(8) support the development of appropriate investments in research and technology development within the Department, and appropriate partnerships with the defense industry and commercial industry; and
“(9) identify mechanisms to provide information on defense technology priorities to industry to enable industry to invest deliberately in emerging technologies to build and broaden the capabilities of the industrial base.
“(c) Coordination.—The Secretary of Defense shall develop the strategy under subsection (a) in coordination with relevant entities within the Office of the Secretary of Defense, the military departments, the research organizations of Defense Agencies and Department of Defense Field Activities, the intelligence community, defense and technology industry partners, research and development partners, other Federal research agencies, allies and partners of the United States, and other appropriate organizations.
“(d) Considerations.—In developing the strategy under subsection (a), the Secretary of Defense shall consider—
“(1) the operational challenges identified in the National Defense Strategy and the technological threats and opportunities identified through the global technology review and assessment activities of the Department of Defense, the intelligence community, and other technology partners;
“(2) current military requirements and emerging technologies in the defense and commercial sectors;
“(3) the capabilities of foreign near-peer and peer nations;
“(4) the need to support the development of a robust trusted and assured industrial base to manufacture and sustain the technologies and capabilities to meet defense requirements; and
“(5) near-term, mid-term, and long-term technology and capability development goals.
“(e) Reports.—
“(1) Subsequent reports and updates.—Not later than February 1 of the year following each fiscal year in which the National Defense Strategy is submitted under section 113(g) of this title, the Secretary of Defense shall submit to the congressional defense committees a report that includes an updated version of the strategy under subsection (a). Each update to such strategy shall be prepared for purposes of such report based on emerging requirements, technological developments in the United States, and technical intelligence derived from global technology reviews conducted by the Secretary of Defense.
“(2) Form of reports.—The reports submitted under paragraph (1) may be submitted in a form determined appropriate by the Secretary of Defense, which may include classified, unclassified, and publicly releasable formats, as appropriate.
“(f) Briefing.—Not later than 90 days after the date on which the strategy under subsection (a) is completed, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation plan for the strategy.
“(g) Designation.—The strategy developed under subsection (a) shall be known as the ‘National Defense Science and Technology Strategy’.”
“118c. National Defense Science and Technology Strategy.”.
“(f) Direct Hire Authority at Personnel Demonstration Laboratories for Advanced Degree Holders.—
“(1) Authority.—The Secretary of Defense may appoint qualified candidates possessing an advanced degree to positions described in paragraph (2) without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title.
“(2) Applicability.—This subsection applies with respect to candidates for scientific and engineering positions within any laboratory designated by section 4121(b) of this title as a Department of Defense science and technology reinvention laboratory.
“(3) Limitation.—
(A) Authority under this subsection may not, in any calendar year and with respect to any laboratory, be exercised with respect to a number of candidates greater than the number equal to 5 percent of the total number of scientific and engineering positions within such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year.
“(B) For purposes of this paragraph, positions and candidates shall be counted on a full-time equivalent basis.”
“(ii) the technology requirements of the Department of Defense, as identified in the most recent—
“(I) National Defense Strategy;
“(II) National Defense Science and Technology Strategy as directed under section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679); and
“(III) relevant policy and guidance from the Secretary of Defense; and”
Ҥ 4010. Defense Established Program to Stimulate Competitive Research
“(a) Program Required.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a Defense Established Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense.
“(b) Program Objectives.—The objectives of the program are as follows:
“(1) To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense.
“(2) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is relevant to the mission of the Department of Defense and competitive under the peer-review systems used for awarding Federal research assistance.
“(3) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research.
“(c) Program Activities.—In order to achieve the program objectives, the following activities are authorized under the program:
“(1) Competitive award of grants for research and instrumentation to support such research.
“(2) Competitive award of financial assistance for graduate students.
“(3) To provide assistance to science and engineering researchers at institutions of higher education in eligible States through collaboration between Department of Defense laboratories and such researchers.
“(4) Any other activities that are determined necessary to further the achievement of the objectives of the program.
“(d) Eligible States.—
(1) The Under Secretary of Defense for Research and Engineering shall designate which States are eligible States for the purposes of this section.
“(2) The Under Secretary shall designate a State as an eligible State if, as determined by the Under Secretary—
“(A) the average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to 1/50 of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be; and
“(B) the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs in areas relevant to the mission of the Department of Defense at institutions of higher education in the State.
“(3) The Under Secretary shall not remove a designation of a State under paragraph (2) because the State exceeds the funding levels specified under subparagraph (A) of such paragraph unless the State has exceeded such funding levels for at least two consecutive years.
“(e) Coordination With Similar Federal Programs.—
(1) The Secretary may consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the program and may coordinate the program with the Established Program to Stimulate Competitive Research conducted by the National Science Foundation and with similar programs sponsored by other departments and agencies of the Federal Government.
“(2) All solicitations under the Defense Established Program to Stimulate Competitive Research may be made to, and all awards may be made through, the State committees established for purposes of the Established Program to Stimulate Competitive Research conducted by the National Science Foundation.
“(3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Established Program to Stimulate Competitive Research are relevant to the mission of the Department of Defense and coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research.
“(f) State Defined.—In this section, the term ‘State’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.”
“4010. Defense Established Program to Stimulate Competitive Research.”.
Ҥ 4121. Science and technology reinvention laboratories: authority and designation
“(a) In General.—
(1) The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories.
“(2)
(A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project.
“(B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 (Public Law 98–224) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California.
“(3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5 shall apply to the demonstration project, except that—
“(A) subsection (d) of such section 4703 shall not apply to the demonstration project;
“(B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and
“(C) the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals).
“(4) The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering.
“(5) The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe salary schedules and other related benefits.
“(b) Designation of Laboratories.—Each of the following is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a):
“(1) The Air Force Research Laboratory.
“(2) The Joint Warfare Analysis Center.
“(3) The Army Research Institute for the Behavioral and Social Sciences.
“(4) The Combat Capabilities Development Command Armaments Center.
“(5) The Combat Capabilities Development Command Army Research Laboratory.
“(6) The Combat Capabilities Development Command Aviation and Missile Center.
“(7) The Combat Capabilities Development Command Chemical Biological Center.
“(8) The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center.
“(9) The Combat Capabilities Development Command Ground Vehicle Systems Center.
“(10) The Combat Capabilities Development Command Soldier Center.
“(11) The Engineer Research and Development Center.
“(12) The Medical Research and Development Command.
“(13) The Technical Center, US Army Space and Missile Defense Command.
“(14) The Naval Air Systems Command Warfare Centers.
“(15) The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center.
“(16) The Naval Information Warfare Centers, Atlantic and Pacific.
“(17) The Naval Medical Research Center.
“(18) The Naval Research Laboratory.
“(19) The Naval Sea Systems Command Warfare Centers.
“(20) The Office of Naval Research.
“(c) Conversion Procedures.—The Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection—
“(1) shall not adversely affect any employee with respect to pay or any other term or condition of employment;
“(2) shall be consistent with section 4703(f) of title 5;
“(3) shall be completed within 18 months after designation; and
“(4) shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5) or senior executives (as defined by section 3132(a)(3) of such title).
“(d) Limitation.—The science and technology reinvention laboratories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior congressional authorization.”
“4121. Science and technology reinvention laboratories: authority and designation.”.
“(e) Requirement.—The Secretary of Defense shall take all necessary actions to fully implement and use the authorities provided to the Secretary under subsection (a) of section 4121 of title 10, United States Code, to carry out personnel management demonstration projects at Department of Defense laboratories designated by subsection (b) of such section as Department of Defense science and technology reinvention laboratories.”
“(3) The Principal Deputy Director of National Intelligence.
“(4) Such other officials of the Department of Defense and intelligence community as the Secretary of Defense and the Director of National Intelligence jointly determine appropriate.”
“(c) Leadership.—The Steering Committee shall be chaired by the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, and the Principal Deputy Director of National Intelligence jointly.”
“(E) any changes to the guidance for developing the National Intelligence Program budget required by section 102A(c)(1)(A) of the National Security Act of 1947 (50 U.S.C. 3024(c)(1)(A)), that may be required to implement the strategies under paragraph (1); and”
; and
“(e) Definitions.—In this section:
“(1) The term ‘emerging technology’ means technology jointly determined to be in an emerging phase of development by the Secretary of Defense and the Director of National Intelligence, including quantum information science and technology, data analytics, artificial intelligence, autonomous technology, advanced materials, software, high performance computing, robotics, directed energy, hypersonics, biotechnology, medical technologies, and such other technology as may be jointly identified by the Secretary and the Director.
“(2) The term ‘intelligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”
; and
“(3) Selection of entities.—
“(A) In general.—In carrying out paragraph (1), the Secretary shall, through a competitive process, select two or more entities to carry out the activities described in paragraph (2) as part of the network established under paragraph (1).
“(B) Geographic diversity.—The Secretary shall, to the extent practicable, ensure that the entities selected under subparagraph (A) collectively represent the geographic diversity of the United States.”
“(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.”
“(31) Nuclear science, security, and nonproliferation.
“(32) Chemical, biological, radiological, and nuclear defense.
“(33) Spectrum activities.
“(34) Research security and integrity.
“(35) Printed circuit boards.”
; and
“(1) The Secretary of Defense may”
; and
“(2) The Secretary of Defense shall establish goals and incentives to encourage federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense—
“(A) to assess the capacity of covered educational institutions to address the research and development needs of the Department through partnerships and collaborations; and
“(B) if appropriate, to enter into partnerships and collaborations with such institutions.”
“(x) Strategic goals to address or mitigate the current and projected risks to military installation resilience.”
; and
“118b. National Defense Sustainment and Logistics Review.”.
“(vii) Identify and assess risk resulting from, or likely to result from, current or projected effects on military installation resilience.”
“(8) A description of the effects on military readiness, and an estimate of the financial costs to the Department of Defense, reasonably attributed to adverse impacts to military installation resilience during the year preceding the submission of the report, including loss of or damage to military networks, systems, installations, facilities, and other assets and capabilities of the Department.
“(9) An assessment of vulnerabilities to military installation resilience.”
Ҥ 2921. Energy efficiency targets for data centers
“(a) Covered Data Centers.—
(1) For each covered data center, the Secretary of Defense shall—
“(A) develop a power usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices;
“(B) develop a water usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices;
“(C) develop other energy efficiency or water usage targets for the data center based on industry standards and best practices, as applicable to meet energy efficiency and resiliency goals;
“(D) identify potential renewable or clean energy resources, or related technologies such as advanced battery storage capacity, to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and
“(E) identify any statutory, regulatory, or policy barriers to meeting any target under any of subparagraphs (A) through (C).
“(2) The Secretary of Defense shall ensure that targets developed under paragraph (1) are consistent with guidance issued by the Secretary of Energy.
“(3) In this subsection, the term ‘covered data center’ means a data center of the Department of Defense that—
“(A) is one of the 50 data centers of the Department with the highest annual power usage rates; and
“(B) has been established before the date of the enactment of this section.
“(b) New Data Centers.—
(1) Except as provided in paragraph (2), in the case of any Department of Defense data center established on or after the date of the enactment of this section, the Secretary of Defense shall establish energy, water usage, and resiliency-related standards that the data center shall be required to meet based on location, resiliency, industry and Federal standards, and best practices. Such standards shall include—
“(A) power usage effectiveness standards;
“(B) water usage effectiveness standards; and
“(C) any other energy or resiliency standards the Secretary determines are appropriate.
“(2) The Secretary may waive the requirement for a Department data center established on or after the date of the enactment of this section to meet the standards established under paragraph (1) if the Secretary—
“(A) determines that such waiver is in the national security interest of the United States; and
“(B) submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver.”
“2921. Energy efficiency targets for data centers.”.
“(D) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds, in order to assist a State or local government in planning, enhancing infrastructure, and implementing measures and projects (to include resilience measures and projects involving the protection, restoration, and maintenance of natural features) that, as determined by the Secretary of Defense, will contribute to maintaining or improving military installation resilience or will prevent or mitigate encroachment that could affect operations of the Department of Defense.”
; and
“(i) Assessment of Life-cycle Costs and Performance of Potential Energy Resilience Projects.—
(1) Subject to the availability of appropriations, the Secretary of Defense shall develop and institute a process to ensure that the Department of Defense, when evaluating energy resilience measures, uses analytical tools that are accurate and effective in projecting the costs and performance of such measures.
“(2) Analytical tools used under paragraph (1) shall be—
“(A) designed to—
“(i) provide an accurate projection of the costs and performance of the energy resilience measure being analyzed;
“(ii) be used without specialized training; and
“(iii) produce resulting data that is understandable and usable by the typical source selection official;
“(B) consistent with standards and analytical tools commonly applied by the Department of Energy and by commercial industry;
“(C) adaptable to accommodate a rapidly changing technological environment;
“(D) peer reviewed for quality and precision and measured against the highest level of development for such tools; and
“(E) periodically reviewed and updated, but not less frequently than once every three years.”
“(e) Transfer of Amounts.—
(1) The Secretary of Defense may transfer amounts described in subsection (a) that remain available for obligation to other funding accounts of the Department of Defense if the purpose for which such amounts will be used is a purpose specified in subsection (b) or (c).
“(2) Amounts transferred to a funding account of the Department under paragraph (1) shall be available for obligation for the same period as amounts in that account.
“(3) At the end of each fiscal year, the Secretary of Defense shall submit to Congress a report detailing any funds transferred pursuant to paragraph (1) during that fiscal year, including a detailed description of the purpose for which such amounts have been used.”
“(3) Exemption authority for certain locations.—
“(A) In general.—The Secretary may exempt a location from the prohibition under paragraph (1) if the Secretary determines it is in the paramount interest of the United States to do so.
“(B) Nondelegation.—The Secretary may not delegate the authority under subparagraph (A).
“(4) Reporting requirement for location exemptions.—
“(A) In general.—Not later than 30 days after granting an exemption pursuant to paragraph (3)(A) with respect to the use of an open-air burn pit at a location, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written report that identifies—
“(i) the location of the open-air burn pit;
“(ii) the number of personnel of the United States assigned to the location where the open-air burn pit is being used;
“(iii) the size and expected duration of use of the open-air burn pit;
“(iv) the personal protective equipment or other health risk mitigation efforts that will be used by members of the armed forces when airborne hazards are present, including how such equipment will be provided when required; and
“(v) the need for the open-air burn pit and rationale for granting the exemption.
“(B) Form.—A report submitted under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.”
“(e) Participation by Other Agencies.—Other Federal agencies with programs addressing conservation or resilience may, and are encouraged to—
“(1) participate in the activities of the Sentinel Landscapes Partnership; and
“(2) become full partners in the Sentinel Landscapes Partnership.”
; and
“(4) Resilience.—The term ‘resilience’ means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, flooding, wildfire, or other anticipated or unanticipated changes in environmental conditions.”
“(E) Information concerning the activities undertaken pursuant to the Sentinel Landscapes Partnership established under section 317 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2684a note).”
“(I) that encompasses”
“(ii) for one or more ecosystems within a sentinel landscape.”
; and
“(e) Sentinel Landscape Defined.—In this section, the term ‘sentinel landscape’ has the meaning given that term in section 317(f) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2684a note).”
Ҥ 2285. Department of Defense Climate Resilience Infrastructure Initiative
“(a) Designation.—The programs, practices, and activities carried out pursuant to this section shall be known collectively as the ‘Climate Resilience Infrastructure Initiative of the Department of Defense’.
“(b) Hardening and Quick Recovery.—In carrying out military installation resilience plans pursuant to section 2864 of this title, the Secretary of Defense shall ensure that the development by the Department of Defense of requirements for backup utilities, communications, and transportation to ensure that the critical infrastructure of Department facilities is hardened, developed, and constructed for quick recovery from natural disasters and the impacts of extreme weather.
“(d) Sustainment and Modernization.—The Secretary shall develop sustainment and modernization requirements for facilities of the Department in connection with climate resilience.
“(e) Collaboration in Planning With Local Communities.—The Secretary shall develop, within existing frameworks for collaborative activities between military installations and State and local communities, and in addition to the requirements of section 2864(c) of this title, a framework that authorizes and directs installation commanders to engage with State, regional, and local agencies, and with local communities, on planning for climate resilience, to enhance efficient response to impacts of extreme weather and secure collaborative investment in infrastructure that is resilient to the current and projected impacts of extreme weather.
“(f) Testing and Training Range Lands.—
“(1) Practices for sustainment of lands.—The Secretary shall develop and implement practices to sustain the lands of the military testing and training ranges of the Department, and the lands of testing and training ranges on State-owned National Guard installations, through the adaptation and resilience of such lands to the current and projected impacts of extreme weather to ensure the ongoing availability of such lands to military personnel, weapon systems, and equipment for testing and training purposes.
“(2) Training and education on sustainment of lands.—The Secretary shall develop a program of training and education for members of the Armed Forces (including the reserve components) on the importance of the sustainment of the lands of the military testing and training ranges as described in paragraph (1).
“(3) Investment in resilience of lands.—The Secretary shall use existing programs of the Department, including the Readiness and Environmental Protection Integration Program of the Department (or such successor program), to provide for investments determined appropriate by the Secretary in the lands of the military testing and training ranges, to increase the resilience and adaptation of such lands to the current and projected impacts of extreme weather for testing and training purposes in connection with current and projected testing and training requirements in the short- and long-term.
“(b) Use of Certain Technologies.—The Secretary shall take appropriate actions to increase the use of low emission, emission-free, and net-zero-emission energy technologies in the operations, programs, projects, and activities of the Department, provided the use is cost effective over the life-cycle of the investment.”
“2285. Department of Defense Climate Resilience Infrastructure Initiative.”.
“(19) The term ‘climate resilience’ means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from, extreme weather, or from anticipated or unanticipated changes in environmental conditions, that do (or have the potential to) adversely affect the national security of the United States or of allies and partners of the United States.
“(20) The term ‘extreme weather’ means recurrent flooding, drought, desertification, wildfires, thawing permafrost, sea level fluctuation, changes in mean high tides, or any other weather-related event, or anticipated change in environmental conditions, that present (or are projected to present) a recurring annual threat to the climate security of the United States or of allies and partners of the United States.”
Ҥ 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force
“(a) In General.—The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the ‘PFAS Task Force’).
“(b) Membership.—The members of the PFAS Task Force are the following:
“(1) The Assistant Secretary of Defense for Energy, Installations, and Environment.
“(2) The Assistant Secretary of the Army for Installations, Energy, and Environment.
“(3) The Assistant Secretary of the Navy for Energy, Installations, and Environment.
“(4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy.
“(5) The Assistant Secretary of Defense for Health Affairs.
“(c) Chairman.—The Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force.
“(d) Support.—The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force.
“(e) Duties.—The duties of the PFAS Task Force are the following:
“(1) Monitoring the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services.
“(2) Identifying, and funding the procurement of, an effective alternative to firefighting foam containing perfluoroalkyl substances or polyfluoroalkyl substances.
“(3) Coordinating within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances.
“(4) Assessing the perceptions of Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department.
“(f) Report.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force.
“(g) Definitions.—In this section:
“(1) The term ‘perfluoroalkyl substance’ means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.
“(2) The term ‘polyfluoroalkyl substance’ means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.
Ҥ 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard
“(a) In General.—Not later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall complete preliminary assessment and site inspection testing for perfluoroalkyl substances and polyfluoroalkyl substances at all military installations and facilities of the National Guard located in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances.
“(b) Determination of Contamination.—Testing conducted under subsection (a) at a military installation or facility of the National Guard shall determine—
“(1) whether the installation or facility has contamination from a perfluoroalkyl substance or polyfluoroalkyl substance; and
“(2) whether activities in connection with such installation or facility have caused contamination from a perfluoroalkyl substance or polyfluoroalkyl substance outside of such installation or facility.
“(c) Additional Response Actions.—Testing conducted under subsection (a) shall provide at least a preliminary basis for determining whether additional environmental response actions are necessary to address contamination from a perfluoroalkyl substance or polyfluoroalkyl substance.
“(d) Type of Testing.—When testing for perfluoroalkyl substances or polyfluoroalkyl substances under subsection (a) or any other provision of law, the Secretary shall use a method to measure for all perfluoroalkyl substances or polyfluoroalkyl substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency.
“(e) Definitions.—In this section:
“(1) The term ‘military installation’ has the meaning given such term in section 2801(c)(4) of this title.
“(2) The terms ‘perfluoroalkyl substance’ and ‘polyfluoroalkyl substance’ have the meanings given such terms in section 2714 of this title.”
“2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force.
“2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard.”.
“(1) require the Secretaries concerned and the commanders of the combatant commands to assess the energy supportability in contested logistics environments of systems, capabilities, and plans;”
“(d) Working Group.—
(1) The Secretary of Defense shall establish a working group to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand that are carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense and to conduct other coordinated functions relating to such efforts.
“(2) The head of the working group under paragraph (1) shall be the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary shall supervise the members of the working group and provide guidance to such members with respect to specific operational energy plans and programs to be carried out pursuant to the strategy under subsection (e).
“(3) The members of the working group under paragraph (1) shall be appointed as follows:
“(A) A senior official of each armed force, who shall be nominated by the Secretary concerned and confirmed by the Senate to represent such armed force.
“(B) A senior official from each geographic and functional combatant command, who shall be appointed by the commander of the respective combatant command to represent such combatant command.
“(C) A senior official under the jurisdiction of the Chairman of the Joint Chiefs of Staff, who shall be appointed by the Chairman to represent the Joint Chiefs of Staff and the Joint Staff.
“(4) Each member of the working group shall be responsible for carrying out operational energy plans and programs and implementing coordinated initiatives pursuant to the strategy under subsection (e) for the respective component of the Department that the member represents.
“(5) The duties of the working group under paragraph (1) shall be as follows:
“(A) Planning for the integration of efforts to mitigate contested logistics challenges through the reduction of operational energy demand carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense.
“(B) Developing recommendations regarding the strategy for operational energy under subsection (e).
“(C) Developing recommendations relating to the development of, and modernization efforts for, platforms and weapons systems of the armed forces.
“(D) Developing recommendations to ensure that such development and modernization efforts lead to increased lethality, extended range, and extended on-station time for tactical assets.
“(E) Developing recommendations to mitigate the effects of hostile action by a near-peer adversary targeting operational energy storage and operations of the armed forces, including through the use of innovative delivery systems, distributed storage, flexible contracting, and improved automation.”
; and
“(1) The Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the working group under subsection (d), shall be responsible for the establishment and maintenance of a department-wide transformational strategy for operational energy. The strategy shall be updated every five years and shall establish near-term, mid-term, and long-term goals, performance metrics to measure progress in meeting the goals, and a plan for implementation of the strategy within each armed force, across the armed forces, and with the Office of the Secretary of Defense.
“(2) The strategy required under paragraph (1) shall include the following:
“(A) A plan to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand within each armed force.
“(B) An assessment of how industry trends transitioning from the production of internal combustion engines to the development and production of alternative propulsion systems may affect the long-term availability of parts for military equipment, the fuel costs for such equipment, and the sustainability of such equipment.
“(C) An assessment of any technologies, including electric, hydrogen, or other sustainable fuel technologies, that may reduce operational energy demand in the near-term or long-term.
“(D) An assessment of how the Secretaries concerned and the commanders of the combatant commands can better plan for challenges presented by near-peer adversaries in a contested logistics environment, including through innovative delivery systems, distributed storage, flexible contracting, and improved automation.
“(E) An assessment of any infrastructure investments of allied and partner countries that may affect operational energy availability in the event of a conflict with a near-peer adversary.
“(3) By authority of the Secretary of Defense, and taking into consideration the findings of the working group, the Assistant Secretary shall prescribe policies and procedures for the implementation of the strategy and make recommendations to the Secretary of Defense and Deputy Secretary of Defense with respect to specific operational energy plans and programs to be carried out pursuant to the strategy.
“(4) Not later than 30 days after the date on which the budget for fiscal year 2024 is submitted to Congress pursuant to section 1105 of title 31, and every five years thereafter, the Assistant Secretary shall submit to the congressional defense committees the strategy required under paragraph (1).”
“(h) Contested Logistics Environment Defined.—In this section, the term ‘contested logistics environment’ means an environment in which the armed forces engage in conflict with an adversary that presents challenges in all domains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other.”
Ҥ 2927. Global bulk fuel management and delivery
“(a) Responsible Element.—
(1) Beginning during the period described in paragraph (2) and permanently thereafter, the United States Transportation Command shall be the element responsible for bulk fuel management and delivery of the Department of Defense on a global basis.
“(2) The period described in this paragraph is the period beginning on January 1, 2023, and ending on February 1, 2023.
“(b) Coordination With Defense Logistics Agency.—In carrying out the responsibilities specified in subsection (a), the Commander of the United States Transportation Command shall coordinate with the Director of the Defense Logistics Agency.
“(c) Rule of Construction.—Except to the extent that, prior to January 1, 2023, a responsibility specified in subsection (a) was a specific function of the Defense Logistics Agency Energy, nothing under this section shall be construed as—
“(1) limiting any other function of the Defense Logistics Agency Energy; or
“(2) requiring the transfer of any function, personnel, or asset from the Defense Logistics Agency Energy to the United States Transportation Command.”
“2927. Global bulk fuel management and delivery.”.
“(10) Information regarding the extent to which any member of the armed forces is assigned or detailed outside the member’s unit or away from training in order to perform any function that had previously been performed by civilian employees of the Federal Government.”
“(A) a classified form; and
“(B) an unclassified form that is releasable to the public without further redaction.”
; and
“(C) A notice of presumed risk issued under subparagraph (A) is a preliminary assessment only and does not represent a formal objection pursuant to subsection (e). Discussions of possible mitigation actions under such subparagraph could favorably resolve any concerns identified in the notice of presumed risk.”
; and
“(8) If, in reviewing an application for an energy project pursuant to paragraph (1), the Clearinghouse finds no adverse impact on military operations under section 44718(b)(1) of title 49, the Clearinghouse shall communicate to the Secretary of Transportation in writing, not later than five business days after making such finding, the following: ‘No Part 77 concerns, national security review ongoing.’.”
Ҥ 184. Joint Safety Council
“(a) In General.—There is established, within the Office of the Deputy Secretary of Defense, a Joint Safety Council (in this section referred to as the ‘Council’).
“(b) Membership; Appointment; Compensation.—
(1) The Council shall be composed of voting members as follows:
“(A) The Director of Safety for each military department.
“(B) An employee of the Department of Defense who is a career member of the Senior Executive Service and has a demonstrated record of success in the implementation of programs within the Department of Defense (as determined by the Deputy Secretary of Defense), appointed by the Deputy Secretary of Defense.
“(C) One member of the armed forces or civilian employee from each military department, appointed by the Secretary concerned.
“(D) Such additional members as may be determined by the Deputy Secretary of Defense.
“(2)
(A) Each member of the Council shall serve at the will of the official who appointed that member.
“(B) Any vacancy on the Council shall be filled in the same manner as the original appointment.
“(3) Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council.
“(c) Chairperson and Vice Chairperson.—
(1)
(A) The Secretary of Defense, or the designee of the Secretary, shall select one of the members of the Council who is a member of the armed forces to serve as the Chairperson of the Council.
“(B) The Chairperson shall serve for a term of two years and shall be responsible for—
“(i) serving as the Director of Safety for the Department of Defense;
“(ii) serving as principal advisor to the Secretary of Defense regarding military safety and related regulations and policy reforms, including issues regarding maintenance, supply chains, personnel management, and training;
“(iii) overseeing all duties and activities of the Council, including the conduct of military safety studies and the issuance of safety guidance to the military departments;
“(iv) working with, and advising, the Secretaries of the military departments through appointed safety chiefs to implement standardized safety guidance across the military departments;
“(v) submitting to the Secretary of Defense and Congress an annual report reviewing the compliance of each military department with the guidance described in clause (iv);
“(vi) advising Congress on issues relating to military safety and reforms; and
“(vii) overseeing coordination with other Federal agencies, including the Federal Aviation Administration, to inform military aviation safety guidance and reforms.
“(2) The individual appointed under subsection (b)(1)(B) shall serve as the Vice Chairperson. The Vice Chairperson shall report to the Chairperson and shall serve as Chairperson in the absence of the Chairperson.
“(d) Responsibilities.—The Council shall carry out the following responsibilities:
“(1) Subject to subsection (e), issuing, publishing, and updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps.
“(2) With respect to mishap data—
“(A) establishing uniform data collection standards and a repository, that is accessible Department-wide, of data for mishaps in the Department of Defense;
“(B) reviewing the compliance of each military department in adopting and using the uniform data collection standards established under subparagraph (A); and
“(C) reviewing mishap data to assess, identify, and prioritize risk mitigation efforts and safety improvement efforts across the Department.
“(3) With respect to non-mishap data—
“(A) establishing standards and requirements for the collection of aircraft, equipment, simulator, airfield, range, pilot, and operator data;
“(B) establishing standards and requirements for the collection of ground vehicle equipment and crew data; and
“(C) establishing requirements for each military department to collect and analyze any waivers issued relating to pilot or operator qualifications or standards.
“(4) Reviewing and assessing civil and commercial aviation safety programs and practices to determine the suitability of such programs and practices for implementation in the military departments.
“(5) Establishing, in consultation with the Administrator of the Federal Aviation Administration, a requirement for each military department to implement an aviation safety management system.
“(6) Establishing, in consultation with the heads of appropriate Federal departments and agencies, a requirement for each military department to implement a separate safety management program for ground vehicles and ships.
“(7) Reviewing the proposal of each military department for the safety management systems described in paragraphs (9) and (10).
“(8) Reviewing the implementation of such systems by each military department.
“(9) Ensuring each military department has in place a system to monitor the implementation of recommendations made in safety and legal investigation reports of mishap incidents.
“(e) Oversight.—The decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense.
“(f) Staff.—
(1) The Council may appoint staff in accordance with section 3101 of title 5.
“(2) The Council may accept persons on detail from within the Department of Defense and from other Federal departments or agencies on a reimbursable or non-reimbursable basis.
“(g) Contract Authority.—The Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes.
“(h) Procurement of Temporary and Intermittent Services.—The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
“(i) Data Collection.—
(1) Under regulations issued by the Secretary of Defense, the Council shall have access to Department of Defense databases necessary to carry out its responsibilities, including causal factors to be used for mishap reduction purposes.
“(2) Under regulations issued by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of safety data.
“(3) Data collected by the Council pursuant to this subsection may include privileged safety information that is protected from disclosure or discovery to any person.
“(j) Meetings.—The Council shall meet quarterly and at the call of the Chairperson.
“(k) Report.—The Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council.”
“184. Joint Safety Council.”.
“(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.”
“(1) For the Army, 485,000.
“(2) For the Navy, 346,920.
“(3) For the Marine Corps, 178,500.
“(4) For the Air Force, 329,220.
“(5) For the Space Force, 8,400.”
“(k) Transfer of Authorizations Among the Military Services.—
(1) The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title, and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense, if each appointment is made in conjunction with an offsetting reduction under paragraph (2).
“(2) For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made.
“(3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526a(i)(1) of this title, may not exceed 15 at any one time.
“(4) The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of—
“(A) such increase; and
“(B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.”
“(i) Transfer of Authorizations Among the Military Services.—
(1) The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense if each appointment is made in conjunction with an offsetting reduction under paragraph (2).
“(2) For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made.
“(3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526(k)(1) of this title, may not exceed 15 at any one time.
“(4) The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of—
“(A) such increase; and
“(B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.”
“(4) When the needs of the service require, the Secretary of the military department concerned may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies.”
“(J) quantum information sciences;”
Ҥ 329. Prohibition on private funding for interstate deployment
“A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).”
“329. Prohibition on private funding for interstate deployment.”.
“(c)
(1) The Secretary shall, beginning in the first fiscal year that begins after the date of the enactment of this subsection, and every five years thereafter, as part of the major mobilization exercise under subsection (a), include the processes of the Selective Service System in preparation for induction of personnel into the armed forces under the Military Selective Service Act (50 U.S.C. 3801 et seq.), and submit to Congress a report on the results of this exercise and evaluation. The report may be submitted in classified form.
“(2) The exercise under this subsection—
“(A) shall include a review of national mobilization strategic and operational concepts; and
“(B) shall include a simulation of a mobilization of all armed forces and reserve units, with plans and processes for incorporating Selective Service System inductees.”
Ҥ 824a. Art 24a. Special trial counsel
“(a) Detail of Special Trial Counsel.—Each Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel.
“(b) Qualifications.—A special trial counsel shall be a commissioned officer who—
“(1)
(A) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and
“(B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by—
“(i) the Judge Advocate General of the armed force of which the officer is a member; or
“(ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and
“(2) in the case of a lead special trial counsel appointed pursuant to section 1044f(a)(2) of this title, is in a grade no lower than O–7.
“(c) Duties and Authorities.—
“(1) In general.—Special trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation.
“(2) Determination of covered offense; related charges.—
“(A) Authority.—A special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser.
“(B) Known and related offenses.—If a special trial counsel determines that a reported offense is a covered offense, the special trial counsel may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense.
“(3) Dismissal; referral; plea bargains.—Subject to paragraph (4), with respect to charges and specifications alleging any offense over which a special trial counsel exercises authority, a special trial counsel shall have exclusive authority to, in accordance with this chapter—
“(A) on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications;
“(B) refer the charges and specifications for trial by a special or general court-martial;
“(C) enter into a plea agreement; and
“(D) determine if an ordered rehearing is impracticable.
“(4) Binding determination.—The determination of a special trial counsel to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications.
“(5) Deferral to commander or convening authority.—If a special trial counsel exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special trial counsel, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under this chapter with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial.”
“824a. Art 24a. Special trial counsel.”.
Ҥ 1044f. Policies with respect to special trial counsel
“(a) Policies Required.—The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. The policies shall—
“(1) provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen;
“(2) provide for the appointment of one lead special trial counsel, who shall—
“(A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice;
“(B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and
“(C) report directly to the Secretary concerned, without intervening authority;
“(3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office—
“(A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of this title (article 24a); and
“(B) conduct assigned activities free from unlawful or unauthorized influence or coercion;
“(4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered offenses; and
“(5) provide that commanders of the victim and the accused in a case involving a covered offense shall have the opportunity to provide input to the special trial counsel regarding case disposition, but that the input is not binding on the special trial counsel.
“(b) Uniformity.—The Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection (a) does not render unconstitutional any such policy, mechanism, or procedure.
“(c) Military Service Defined.—In this section, the term ‘military service’ means the Army, Navy, Air Force, Marine Corps, and Space Force.”
“1044f. Policies with respect to special trial counsel.”.
“(11) The term ‘military magistrate’ means a commissioned officer certified for duty as a military magistrate in accordance with section 826a of this title (article 26a).”
; and
“(17) The term ‘covered offense’ means—
“(A) an offense under section 917a (article 117a), section 918 (article 118), section 919 (article 119), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 925 (article 125), section 928b (article 128b), section 930 (article 130), section 932 (article 132), or the standalone offense of child pornography punishable under section 934 (article 134) of this title;
“(B) a conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of this title (article 81);
“(C) a solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of this title (article 82); or
“(D) an attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 880 of this title (article 80).
“(18) The term ‘special trial counsel’ means a judge advocate detailed as a special trial counsel in accordance with section 824a of this title (article 24a) and includes a judge advocate appointed as a lead special trial counsel pursuant to section 1044f(a)(2) of this title.”
“(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.”
“(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.”
“(e) For each general and special court-martial for which charges and specifications were referred by a special trial counsel—
“(1) a special trial counsel shall be detailed as trial counsel; and
“(2) a special trial counsel may detail other trial counsel as necessary who are judge advocates.”
“(i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and
“(ii) with respect to charges and specifications over which the special trial counsel is exercising authority in accordance with section 824a of this title (article 24a), the special trial counsel and the special trial counsel determines that a hearing is not required.”
; and
“(C)
(i) Except as provided in clause (ii), the convening authority shall detail a hearing officer.
“(ii) If a special trial counsel is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special trial counsel shall request a hearing officer and a hearing officer shall be provided by the convening authority, in accordance with regulations prescribed by the President.”
“(c) Covered Offenses.—A referral to a general or special court-martial for trial of charges and specifications over which a special trial counsel exercises authority may only be made—
“(1) by a special trial counsel, subject to a special trial counsel’s written determination accompanying the referral that—
“(A) each specification under a charge alleges an offense under this chapter;
“(B) there is probable cause to believe that the accused committed the offense charged; and
“(C) a court-martial would have jurisdiction over the accused and the offense; or
“(2) in the case of charges and specifications that do not allege a covered offense and as to which a special trial counsel declines to prefer or, in the case of charges and specifications preferred by a person other than a special trial counsel, refer charges, by the convening authority in accordance with this section.”
; and
“(3) With respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of this title (article 24a), a plea agreement under this section may only be entered into between a special trial counsel and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).”
“(i) In general.—Subject to clause (ii), if the Judge Advocate General”
“(ii) Cases referred by special trial counsel .—If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.”
“(i) In general.—Subject to clause (ii), if the Court of Criminal Appeals”
; and
“(ii) Cases referred by special trial counsel.—If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.”
“(ii) If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.”
“(1) General and special courts-martial.—Except as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial.”
; and
“(1) In general.—In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death—
“(A) the members shall determine—
“(i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or
“(ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and
“(B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A).”
; and
“(b) Acceptance of Plea Agreement.—Subject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that—
“(1) in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and
“(2) in the case of an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.”
“(E) the applicable sentencing parameters or sentencing criteria set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022.”
; and
“(2) Application of sentencing parameters in general and special courts-martial.—
“(A) Requirement to sentence within parameters.—Except as provided in subparagraph (B), in a general or special court-martial in which the accused is convicted of an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall sentence the accused for that offense within the applicable parameter.
“(B) Exception.—The military judge may impose a sentence outside a sentencing parameter upon finding specific facts that warrant such a sentence. If the military judge imposes a sentence outside a sentencing parameter under this subparagraph, the military judge shall include in the record a written statement of the factual basis for the sentence.
“(3) Use of sentencing criteria in general and special courts-martial.—In a general or special court-martial in which the accused is convicted of an offense for which the President has established sentencing criteria pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall consider the applicable sentencing criteria in determining the sentence for that offense.
“(4) Offense-based sentencing in general and special courts-martial.—In announcing the sentence under section 853 of this title (article 53) in a general or special court-martial, the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently.
“(5) Inapplicability to death penalty.—Sentencing parameters and sentencing criteria shall not apply to a determination of whether an offense should be punished by death.
“(6) Sentence of confinement for life without eligibility for parole.—
“(A) In general.—If an offense is subject to a sentence of confinement for life, a court-martial may impose a sentence of confinement for life without eligibility for parole.
“(B) Term of confinement.—An accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused’s life unless—
“(i) the sentence is set aside or otherwise modified as a result of—
“(I) action taken by the convening authority or the Secretary concerned; or
“(II) any other action taken during post-trial procedure or review under any other provision of subchapter IX of this chapter;
“(ii) the sentence is set aside or otherwise modified as a result of action taken by a court of competent jurisdiction; or
“(iii) the accused receives a pardon or another form of Executive clemency.”
; and
“(B) in the case of a sentence for an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the sentence is a result of an incorrect application of the parameter; or”
; and
“(e) Consideration of Sentence.—
“(1) In general.—In considering a sentence on appeal, other than as provided in section 856(d) of this title (article 56(d)), the Court of Criminal Appeals may consider—
“(A) whether the sentence violates the law;
“(B) whether the sentence is inappropriately severe—
“(i) if the sentence is for an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022; or
“(ii) in the case of an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, if the sentence is above the upper range of such sentencing parameter;
“(C) in the case of a sentence for an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, whether the sentence is a result of an incorrect application of the parameter;
“(D) whether the sentence is plainly unreasonable; and
“(E) in review of a sentence to death or to life in prison without eligibility for parole determined by the members in a capital case under section 853(c) of this title (article 53(c)), whether the sentence is otherwise appropriate, under rules prescribed by the President.
“(2) Record on appeal.—In an appeal under this subsection or section 856(d) of this title (article 56(d)), other than review under subsection (b)(2) of this section, the record on appeal shall consist of—
“(A) any portion of the record in the case that is designated as pertinent by any party;
“(B) the information submitted during the sentencing proceeding; and
“(C) any information required by rule or order of the Court of Criminal Appeals.”
“(8) The right to be informed in a timely manner of any plea agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or would violate the privacy concerns of an individual other than the accused.”
“933. 133. Conduct unbecoming an officer.”.
Ҥ 1561. Complaints of sexual harassment: independent investigation
“(a) Action on Complaints Alleging Sexual Harassment.—A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section.
“(b) Commencement of Investigation.—To the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further—
“(1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and
“(2) advise the complainant of the commencement of the investigation.
“(c) Duration of Investigation.—To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection (a) for action as appropriate.
“(d) Report on Investigation.—To the extent practicable, a commanding officer or officer in charge shall—
“(1) submit a final report on the results of the independent investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or
“(2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer.
“(e) Sexual Harassment Defined.—In this section, the term ‘sexual harassment’ means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).”
“1561. Complaints of sexual harassment: independent investigation.”.
Ҥ 1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense
“(a) Designation of Responsible Component.—The Secretary of Defense shall designate a component of the Office of the Secretary of Defense to be responsible for documenting and tracking all covered allegations of retaliation and shall ensure that the Secretaries concerned and the Inspector General of the Department of Defense provide to such component the information required to be documented and tracked as described in subsection (b).
“(b) Tracking of Allegations.—The head of the component designated by the Secretary under subsection (a) shall document and track each covered allegation of retaliation, including—
“(1) that such an allegation has been reported and by whom;
“(2) the date of the report;
“(3) the nature of the allegation and the name of the person or persons alleged to have engaged in such retaliation;
“(4) the Department of Defense component or other entity responsible for the investigation of or inquiry into the allegation;
“(5) the entry of findings;
“(6) referral of such findings to a decisionmaker for review and action, as appropriate;
“(7) the outcome of final action; and
“(8) any other element of information pertaining to the allegation determined appropriate by the Secretary or the head of the component designated by the Secretary.
“(c) Covered Allegation of Retaliation Defined.—In this section, the term ‘covered allegation of retaliation’ means an allegation of retaliation—
“(1) made by—
“(A) an alleged victim of sexual assault or sexual harassment;
“(B) an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment;
“(C) a witness or bystander to an alleged sexual assault or sexual harassment; or
“(D) any other person associated with an alleged victim of a sexual assault or sexual harassment; and
“(2) without regard to whether the allegation is reported to or investigated or inquired into by—
“(A) the Department of Defense Inspector General or any other inspector general;
“(B) a military criminal investigative organization;
“(C) a commander or other person at the direction of the commander;
“(D) another military or civilian law enforcement organization; or
“(E) any other organization, officer, or employee of the Department of Defense.”
“1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense.”.
“(4)
(A) Except as provided in subparagraph (B), the authority of the Secretary concerned under paragraph (1) may not be delegated.
“(B) During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph (1) may be delegated to an official at the Assistant Secretary-level or above. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.”
Ҥ 486. Annual reports on racial and ethnic demographics in the military justice system
“(a) In General.—Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and sex demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force.
“(b) Contents.—The report of a Secretary of a military department for an armed force under subsection (a) shall contain, to the extent possible, statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice), during the year covered by the report, including—
“(1) the number of offenses in the armed force that were reported to military officials, disaggregated by—
“(A) statistical category as related to the victim; and
“(B) statistical category as related to the principal;
“(2) the number of offenses in the armed forces that were investigated, disaggregated by statistical category as related to the principal;
“(3) the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed;
“(4) the number of offenses in which non judicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal;
“(5) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal;
“(6) the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial;
“(7) the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and
“(8) the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial.
“(c) Submission to Congress.—Not later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the Committees on Armed Services of the Senate and the House of Representatives.
“(e) Definitions.—In this section:
“(1) The term ‘statistical category’ means each of the following categories:
“(A) race;
“(B) sex;
“(C) ethnicity;
“(D) rank; and
“(E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice).
“(2) The term ‘principal’ has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice).”
“486. Annual reports on racial and ethnic demographics in the military justice system.”.
“(d) Authorizations for DoD Safe Helpline.—
“(1) Providing support and receiving official reports.—DoD Safe Helpline (or any successor service to DoD Safe Helpline, if any, as identified by the Secretary of Defense) is authorized to provide crisis intervention and support and to perform the intake of official reports of sexual assault from eligible adult sexual assault victims who contact the DoD Safe Helpline or other reports as directed by the Secretary of Defense.
“(2) Training and oversight.—DoD Safe Helpline staff shall have specialized training and appropriate certification to support eligible adult sexual assault victims.
“(3) Eligibility and procedures.—The Secretary of Defense shall prescribe regulations regarding eligibility for DoD Safe Helpline services, procedures for providing crisis intervention and support, and accepting reports.
“(4) Electronic receipt of official reports of adult sexual assaults.—DoD Safe Helpline shall provide the ability to receive reports of adult sexual assaults through the DoD Safe Helpline website and mobile phone applications, in a secure manner consistent with appropriate protection of victim privacy, and may offer other methods of receiving electronic submission of adult sexual assault reports, as appropriate, in a manner that appropriately protects victim privacy.
“(5) Types of reports.—Reports of sexual assault from eligible adult sexual assault victims received by DoD Safe Helpline (or a successor as determined by the Secretary of Defense) shall include unrestricted and restricted reports, or other reports as directed by the Secretary of Defense.
“(6) Option for entry into the catch a serial offender system.—An individual making a restricted report (or a relevant successor type of report or other type of appropriate report, as determined by the Secretary of Defense) to the DoD Safe Helpline (or a successor as determined by the Secretary of Defense) shall have the option to submit information related to their report to the Catch a Serial Offender system (or its successor or similar system as determined by the Secretary of Defense).”
“(2) Additional elements.—Each report required by this subsection shall include the following:
“(A) A description of comprehensive data-collection systems of each Armed Force described in subsection (b) and the Office of the Secretary of Defense for collecting hazing or bullying reports involving a member of the Armed Forces.
“(B) A description of processes of each Armed Force described in subsection (b) to identify, document, and report alleged instances of hazing or bullying. Such description shall include the methodology each such Armed Force uses to categorize and count potential instances of hazing or bullying.
“(C) An assessment by each Secretary of a military department of the quality and need for training on recognizing and preventing hazing and bullying provided to members under the jurisdiction of such Secretary.
“(D) An assessment by the Office of the Secretary of Defense of—
“(i) the effectiveness of each Armed Force described in subsection (b) in tracking and reporting instances of hazing or bullying;
“(ii) whether the performance of each such Armed Force was satisfactory or unsatisfactory in the preceding fiscal year.
“(E) Recommendations of the Secretary to improve—
“(i) elements described in subparagraphs (A) through (D).
“(ii) the Uniform Code of Military Justice or the Manual for Courts-Martial to improve the prosecution of persons alleged to have committed hazing or bullying in the Armed Forces.
“(F) The status of efforts of the Secretary to evaluate the prevalence of hazing and bullying in the Armed Forces.
“(G) Data on allegations of hazing and bullying in the Armed Forces, including final disposition of investigations.
“(H) Plans of the Secretary to improve hazing and bullying prevention and response during the next reporting year.”
“(d) Establishment of Working Group.—
(1) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall establish a working group to assist the official designated under subsection (b), as follows:
“(A) In the identification of mediums used by covered foreign countries to identify, access, and endeavor to influence servicemembers and Department of Defense civilian employees through foreign malign influence campaigns and the themes conveyed through such mediums.
“(B) In coordinating and integrating the training program under this subsection in order to enhance and strengthen servicemember and Department of Defense civilian employee awareness of and defenses against foreign malign influence, including by bolstering information literacy.
“(C) In such other tasks deemed appropriate by the Secretary of Defense or the official designated under subsection (b).
“(2) The official designed under subsection (b) and the working group established under this subsection shall consult with the Foreign Malign Influence Response Center established pursuant to section 3059 of title 50, United States Code.
“(e) Report Required.—Not later than 18 months after the establishment of the working group, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the working group, its activities, the effectiveness of the counter foreign malign influence activities carried out under this section, the metrics applied to determined effectiveness, and the actual costs associated with actions undertaken pursuant to this section.
“(f) Definitions.—In this section:
“(1) Foreign malign influence.—The term ‘foreign malign influence’ has the meaning given that term in section 119C of the National Security Act of 1947 (50 U.S.C. 3059).
“(2) Covered foreign country.—The term ‘covered foreign country’ has the meaning given that term in section 119C of the National Security Act of 1947 (50 U.S.C. 3059)
“(3) Information literacy.—The term ‘information literacy’ means the set of skills needed to find, retrieve, understand, evaluate, analyze, and effectively use information (which encompasses spoken and broadcast words and videos, printed materials, and digital content, data, and images).”
“(i) Annual Report.—
(1) Not later than December 1, 2022, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report on the Program.
“(2) The report required under paragraph (1) shall include the following elements:
“(A) The total cost of the Program for the most recent fiscal year.
“(B) The total number of teachers placed during such fiscal year and the locations of such placements.
“(C) An assessment of the STEM backgrounds of the teachers placed, the number of placements in high-need schools, and any other metric or information the Secretary considers appropriate to illustrate the cost and benefits of the program to members of the armed forces, veterans, and local educational agencies.
“(3) In this subsection, the term ‘appropriate congressional committees’ means—
“(A) the Committee on Armed Services and the Committee on Help, Education, Labor, and Pensions of the Senate; and
“(B) the Committee on Armed Services and the Committee on Education and Labor of the House of Representatives.”
“(k) Sunset.—The Program shall terminate on July 1, 2025, with respect to the selection of new participants for the program. Participants in the Program as of that date may complete their program, and remain eligible for benefits under this section.”
Ҥ 2001. Human relations training
“(a) Human Relations Training.—
(1)
(A) The Secretary of Defense shall ensure that the Secretary of each military department conducts ongoing programs for human relations training for all members of the armed forces under the jurisdiction of the Secretary.
“(B) Matters covered by such training include race relations, equal opportunity, opposition to gender discrimination, and sensitivity to hate group activity.
“(C) Such training shall be provided during basic training (or other initial military training) and on a regular basis thereafter.
“(2) The Secretary of Defense shall ensure that a unit commander is aware of the responsibility to ensure that impermissible activity, based upon discriminatory motives, does not occur in a unit under the command of such commander.
“(b) Information Provided to Prospective Recruits.—The Secretary of Defense shall ensure that—
“(1) each individual preparing to enter an officer accession program or to execute an original enlistment agreement is provided information concerning the meaning of the oath of office or oath of enlistment for service in the armed forces in terms of the equal protection and civil liberties guarantees of the Constitution; and
“(2) each such individual is informed that if supporting such guarantees is not possible personally for that individual, then that individual should decline to enter the armed forces.”
“2001. Human relations training.”.
Ҥ 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate
“(a) Senators.—In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 7442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator’s successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative.
“(b) Representatives.—In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 7442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative’s successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.
“(c) Rule of Construction.—The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 7442 of this title.”
“7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.”.
Ҥ 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate
“(a) Senators.—In the event a Senator does not submit all nominations for midshipmen allocated to such Senator for an academic year in accordance with section 8454(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator’s successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative.
“(b) Representatives.—In the event a Representative does not submit all nominations for midshipmen allocated to such Representative for an academic year in accordance with section 8454(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative’s successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.
“(c) Rule of Construction.—The nomination of a midshipman by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 8454 of this title.”
“8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.”.
Ҥ 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate
“(a) Senators.—In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 9442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator’s successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative.
“(b) Representatives.—In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 9442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative’s successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.
“(c) Rule of Construction.—The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 9442 of this title.”
“9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.”.
“(i)
(1) A majority of the members of the Board may call an official meeting of the Board once per year.
“(2) A member may attend such meeting—
“(A) in person, at the Academy; or
“(B) remotely, at the election of such member.”
“(i)
(1) A majority of the members of the Board may call an official meeting of the Board once per year.
“(2) A member may attend such meeting—
“(A) in person, at the Academy; or
“(B) remotely, at the election of such member.”
“(i)
(1) A majority of the members of the Board may call an official meeting of the Board once per year.
“(2) A member may attend such meeting—
“(A) in person, at the Academy; or
“(B) remotely, at the election of such member.”
“(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer—
“(1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or
“(2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.”
“2168. Defense Language Institute Foreign Language Center: degree of Associate or Bachelor of Arts in foreign language.”.
Ҥ 8595. United States Naval Community College: establishment and degree granting authority
“(a) Establishment and Function.—There is a United States Naval Community College. The primary function of such College shall be to provide—
“(1) programs of academic instruction and professional and technical education for individuals described in subsection (b) in—
“(A) academic and technical fields of the liberal arts and sciences which are relevant to the current and future needs of the Navy and Marine Corps, including in designated fields of national and economic importance such as cybersecurity, artificial intelligence, machine learning, data science, and software engineering; and
“(B) their practical duties;
“(2) remedial, developmental, or continuing education programs, as prescribed by the Secretary of the Navy, which are necessary to support, maintain, or extend programs under paragraph (1);
“(3) support and advisement services for individuals pursuing such programs; and
“(4) continuous monitoring of the progress of such individuals.
“(b) Individuals Eligible for Programs.—Subject to such other eligibility requirements as the Secretary of the Navy may prescribe, the following individuals are eligible to participate in programs and services under subsection (a):
“(1) Enlisted members of the Navy and Marine Corps.
“(2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree.
“(3) Civilian employees of the Department of the Navy.
“(4) Other individuals, as determined by the Secretary of the Navy, so long as access to programs and services under subsection (a) by such individuals is—
“(A) in alignment with the mission of the United States Naval Community College; and
“(B) determined to support the mission or needs of the Department of the Navy.
“(c) Degree and Credential Granting Authority.—
“(1) In general.—Under regulations prescribed by the Secretary of the Navy, the head of the United States Naval Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or academic credentials upon graduates who meet the degree or credential requirements.
“(2) Limitation.—A degree or credential may not be conferred under this subsection unless—
“(A) the Secretary of Education has recommended approval of the degree or credential in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
“(B) the United States Naval Community College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree or credential, as determined by the Secretary of Education.
“(3) Congressional notification requirements.—
“(A) When seeking to establish degree or credential granting authority under this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—
“(i) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and
“(ii) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree or credential granting authority.
“(B) Upon any modification or redesignation of existing degree or credential granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.
“(C) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Naval Community College to award any new or existing degree or credential.
“(d) Civilian Faculty Members.—
“(1) Authority of secretary.—The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the United States Naval Community College as the Secretary considers necessary.
“(2) Compensation.—The compensation of persons employed under this subsection shall be prescribed by the Secretary of the Navy.”
“8595. United States Naval Community College: establishment and degree granting authority.”.
Ҥ 9413. United States Air Force Institute of Technology: establishment
“There is in the Department of the Air Force a United States Air Force Institute of Technology, the purposes of which are to perform research and to provide, to members of the Air Force and Space Force (including the reserve components) and civilian employees of such Department, advanced instruction and technical education regarding their duties.”
“9413. United States Air Force Institute of Technology: establishment.”.
“(k)
(1) In the case of an individual entitled to educational assistance under this chapter who is pursuing education or training described in subsection (a) or (c) of section 2007 of this title on a half-time or more basis, the Secretary concerned shall, at the election of the individual, pay the individual educational assistance allowance under this chapter for pursuit of such education or training as if the individual were not also eligible to receive or in receipt of educational assistance under section 2007 for pursuit of such education or training.
“(2) Concurrent receipt of educational assistance under section 2007 of this title and educational assistance under this chapter shall not be considered a duplication of benefits if the individual is enrolled in a program of education on a half-time or more basis.”
“(D) immediate family members of individuals described in subparagraphs (A) or (B) in a case in which such individual died—
“(i) as a direct result of armed conflict;
“(ii) while engaged in hazardous service;
“(iii) in the performance of duty under conditions simulating war; or
“(iv) through an instrumentality of war.”
“(A) one individual is the spouse of an enlisted member;
“(B) one individual is the spouse of an officer in a grade below O-6;
“(C) one individual is a junior enlisted member;
“(D) one individual is a junior officer;
“(E) individuals reside in different geographic regions;
“(F) one individual is a member serving at a remote installation or is a member of the family of such a member; and
“(G) at least two individuals are members serving on active duty, each with a dependent who—
“(i) is enrolled in the Exceptional Family Member Program; and
“(ii) has an individualized education program.”
“(5) The number of graduates of the Senior Reserve Officers’ Training Corps during the fiscal year covered by the report, disaggregated by gender, race, and ethnicity, for each military department.”
Ҥ 402b. Basic needs allowance for members on active service in the Armed Forces
“(a) Allowance Required.—The Secretary concerned shall pay to each member who is eligible under subsection (b) a basic needs allowance in the amount determined for such member under subsection (c).
“(b) Eligible Members.—A member on active service in the armed forces is eligible for the allowance under subsection (a) if—
“(1) the member has completed initial entry training;
“(2) the gross household income of the member during the most recent calendar year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and
“(3) the member—
“(A) is not ineligible for the allowance under subsection (d); and
“(B) does not elect under subsection (g) not to receive the allowance.
“(c) Amount of Allowance.—The amount of the monthly allowance payable to a member under subsection (a) shall be the amount equal to—
“(1)
(A) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the calendar year during which the allowance is paid based on the location of the member and the number of individuals in the household of the member during the month for which the allowance is paid; minus
“(B) the gross household income of the member during the preceding calendar year; divided by
“(2) 12.
“(d) Bases of Ineligibility.—
“(1) In general.—The following members are ineligible for the allowance under subsection (a):
“(A) A member who does not have any dependents.
“(B) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, a midshipman at the United States Naval Academy, or a cadet or midshipman serving elsewhere in the armed forces.
“(2) Household with more than one eligible member.—In the event a household contains two or more members determined under subsection (f) to be eligible to receive the allowance under subsection (a), only one allowance may be paid to a member among such members as such members shall jointly elect.
“(3) Automatic ineligibility of members receiving certain pay increases.—A member determined to be eligible under subsection (f) for the allowance under subsection (a) whose monthly gross household income increases as a result of a promotion or other permanent increase to pay or allowances under this title to an amount that, on an annualized basis, would exceed the amount described in subsection (b)(2) is ineligible for the allowance. If such member is receiving the allowance, payment of the allowance shall automatically terminate within a reasonable time, as determined by the Secretary of Defense in regulations prescribed under subsection (j).
“(4) Ineligibility of certain changes in income.—A member whose gross household income for the preceding year decreases because of a fine, forfeiture, or reduction in rank imposed as a part of disciplinary action or an action under chapter 47 of title 10 (the Uniform Code of Military Justice) is not eligible for the allowance under subsection (a) solely as a result of the fine, forfeiture, or reduction in rank.
“(e) Application by Members Seeking Allowance.—
“(1) In general.—A member who seeks to receive the allowance under subsection (a) shall submit to the Secretary concerned an application for the allowance that includes such information as the Secretary may require in order to determine whether or not the member is eligible to receive the allowance.
“(2) Timing of submission.—A member who receives the allowance under subsection (a) and seeks to continue to receive the allowance shall submit to the Secretary concerned an updated application under paragraph (1) at such times as the Secretary may require, but not less frequently than annually.
“(3) Voluntary submission.—The submission of an application under paragraph (1) is voluntary.
“(4) Screening of members for eligibility.—The Secretary of Defense shall—
“(A) ensure that all members of the armed forces are screened during initial entry training and regularly thereafter for eligibility for the allowance under subsection (a); and
“(B) notify any member so screened who may be eligible that the member may apply for the allowance by submitting an application under paragraph (1).
“(f) Determinations of Eligibility.—
“(1) In general.—The Secretary concerned shall—
“(A) determine which members of the armed forces are eligible under subsection (b); and
“(B) notify each such member, in writing, of that determination.
“(2) Information included in notice.—The notice under paragraph (1) shall include information regarding financial management and assistance programs for which the member may be eligible.
“(g) Election Not to Receive Allowance.—
“(1) In general.—A member determined under subsection (f) to be eligible for the allowance under subsection (a) may elect, in writing, not to receive the allowance.
“(2) Deemed ineligible.—A member who does not submit an application under subsection (e) within a reasonable time (as determined by the Secretary concerned) shall be deemed ineligible for the allowance under subsection (a).
“(h) Special Rule for Members Stationed Outside United States.—In the case of a member assigned to a duty location outside the United States, the Secretary concerned shall make the calculations described in subsections (b)(2) and (c)(1) using the Federal poverty guidelines of the Department of Health and Human Services for the continental United States.
“(i) Regulations.—Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall prescribe regulations for the administration of this section.
“(j) Effective Period.—
“(1) Implementation period.—The allowance under subsection (a) is payable for months beginning on or after the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022.
“(2) Termination.—The allowance under subsection (a) may not be paid for any month beginning after December 31, 2027.
“(k) Definitions.—In this section:
“(1) Gross household income.—The term ‘gross household income’, with respect to a member of the armed forces, includes—
“(A) all household income, derived from any source; minus
“(B) in the case of a member whom the Secretary concerned determines resides in an area with a high cost of living, any portion of the basic allowance for housing under section 403 of this title that the Secretary concerned elects to exclude.
“(2) Household.—The term ‘household’ means a member of the armed forces and any dependents of the member enrolled in the Defense Enrollment Eligibility Reporting System, regardless of the location of those dependents.”
“402b. Basic needs allowance for members on active service in the Armed Forces.”.
Ҥ 357. Incentive pay authorities for members of the reserve components of the armed forces
“Notwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills.”
“357. Incentive pay authorities for members of the reserve components of the armed forces.”.
“(c) Lodging in Kind.—
(1) In the case of a member of a reserve component performing active duty for training or inactive-duty training who is not otherwise entitled to travel and transportation allowances in connection with such duty, the Secretary concerned may reimburse the member for housing service charge expenses incurred by the member in occupying transient government housing during the performance of such duty. If transient government housing is unavailable or inadequate, the Secretary concerned may provide the member with lodging in kind.
“(2) Any payment or other benefit under this subsection shall be provided in accordance with regulations prescribed by the Secretary concerned.
“(3) The Secretary may pay service charge expenses under paragraph (1) and expenses of providing lodging in kind under such paragraph out of funds appropriated for operation and maintenance for the reserve component concerned. Use of a Government charge card is authorized for payment of these expenses.
“(4) Decisions regarding the availability or adequacy of government housing at a military installation under paragraph (1) shall be made by the installation commander.”
“(18) Travel by a dependent child to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is outside the continental United States (other than in Alaska or Hawaii).
“(19) Travel by a dependent child within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.”
“(vii) Transportation of a dependent child of a member of the uniformed services to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is outside the continental United States (other than in Alaska or Hawaii).
“(viii) Transportation of a dependent child of a member of the uniformed services within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.”
; and
“(10)
(A) The term ‘permanent duty assignment location’ means—
“(i) the official station of a member of the uniformed services; or
“(ii) the residence of a dependent of a member of the uniformed services.
“(B) As used in subparagraph (A)(ii), the residence of a dependent who is a student not living with the member while at school is the permanent duty assignment location of the dependent student.”
“(20) Subject to subsection (i), travel by a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.”
; and
“(i) Dependent Transportation Incident to Ship Construction, Inactivation, and Overhauling.—The authority under subsection (a) for travel in connection with circumstances described in subsection (b)(20) shall be subject to the following terms and conditions:
“(1) The member of the uniformed services must be permanently assigned to the ship for 31 or more consecutive days to be eligible for allowances, and the transportation allowances accrue on the 31st day and every 60 days thereafter.
“(2) Transportation in kind, reimbursement for personally procured transportation, or a monetary allowance for mileage in place of the cost of transportation may be provided, in lieu of the member’s entitlement to transportation, for the member’s dependents from the location that was the home port of the ship before commencement of overhaul or inactivation to the port of overhaul or inactivation.
“(3) The total reimbursement for transportation for the member’s dependents may not exceed the cost of one Government-procured commercial round-trip travel.”
“(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.”
“(i) The birth or adoption of a child of the member and in order to care for such child.
“(ii) The placement of a minor child with the member for adoption or long-term foster care.”
; and
“(B)
(i) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize leave described under subparagraph (A) to be taken after the one-year period described in such paragraph in the case of a member described in paragraph (2) who, except for this subparagraph, would lose unused parental leave at the end of the one-year period described in subparagraph (A) as a result of—
“(I) operational requirements;
“(II) professional military education obligations; or
“(III) other circumstances that the Secretary determines reasonable and appropriate.
“(ii) The regulations prescribed under clause (i) shall require that any leave authorized to be taken after the one-year period described in subparagraph (A) shall be taken within a reasonable period of time, as determined by the Secretary of Defense, after cessation of the circumstances warranting the extended deadline.”
“(l) A member of the armed forces who gives birth while on active duty may be required to meet body composition standards or pass a physical fitness test during the period of 12 months beginning on the date of such birth only with the approval of a health care provider employed at a military medical treatment facility and—
“(1) at the election of such member; or
“(2) in the interest of national security, as determined by the Secretary of Defense.”
“(m)
(1)
(A) Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in subparagraph (B) is allowed up to two weeks of leave to be used in connection with the death of an immediate family member.
“(B) Subparagraph (A) applies to the following members:
“(A) A member on active duty.
“(B) A member of a reserve component performing active Guard and Reserve duty.
“(C) A member of a reserve component subject to an active duty recall or mobilization order in excess of 12 months.
“(2) Under the regulations prescribed for purposes of this subsection, a member taking leave under paragraph (1) shall not have his or her leave account reduced as a result of taking such leave if such member’s accrued leave is fewer than 30 days. Members with 30 or more days of accrued leave shall be charged for bereavement leave until such point that the member’s accrued leave is less than 30 days. Any remaining bereavement leave taken by such member in accordance with paragraph (1) after such point shall not be chargeable to the member.
“(3) In this section, the term ‘immediate family member’, with respect to a member of the armed forces, means—
“(A) the member’s spouse; or
“(B) a child of the member.”
“(18) Presence of family members at the funeral and memorial services of members.”
“(2) The Secretary may carry out the pilot program at other locations the Secretary determines appropriate.”
“(F) Amounts made available for any purpose set forth in paragraph (1) pursuant to an agreement with a host nation.
“(G) Amounts appropriated for repair or reconstruction of a commissary store in response to a disaster or emergency.”
; and
“(6) Revenues made available under paragraph (5) for the purposes set forth in paragraphs (1), (2), and (3) may be supplemented with additional funds derived from—
“(A) improved management practices implemented pursuant to sections 2481(c)(3), 2485(b), and 2487(c) of this title; and
“(B) the variable pricing program implemented pursuant to subsection (i).”
“(B) Any veteran who provides adequate proof of military service as determined by the Secretary.
“(C) Any member of a Gold Star Family who meets the eligibility requirements of section 3.2 of Department of Defense Instruction 1348.36 (or a successor instruction).”
; and
“(18) Treatment for eating disorders may be provided in accordance with subsection (r).”
; and
“(r)
(1) The provision of health care services for an eating disorder under subsection (a)(18) may include the following services:
“(A) Outpatient services for in-person or telehealth care, including partial hospitalization services and intensive outpatient services.
“(B) Inpatient services, which shall include residential services only if medically indicated for treatment of a primary diagnosis of an eating disorder.
“(2) A dependent provided health care services for an eating disorder under subsection (a)(18) shall be provided such services without regard to—
“(A) the age of the dependent, except with respect to residential services under paragraph (1)(B), which may be provided only to a dependent who is not eligible for hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); and
“(B) except as otherwise specified in paragraph (1)(B), whether the eating disorder is the primary or secondary diagnosis of the dependent.
“(3) In this section, the term ‘eating disorder’ has the meaning given the term ‘feeding and eating disorders’ in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (or successor edition), published by the American Psychiatric Association.”
“(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.”
Ҥ 1090a. Identifying and treating eating disorders.
“(a) Identification, Treatment, and Rehabilitation.—The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations, implement procedures using each practical and available method, and provide necessary facilities to identify, treat, and rehabilitate members of the armed forces who have an eating disorder.
“(b) Facilities Available.—
(1) In this section, the term ‘necessary facilities’ includes facilities that provide the services specified in section 1079(r)(1) of this title.
“(2) Consistent with section 1079(r)(1)(B) of this title, residential services shall be provided to a member pursuant to this section only if the member has a primary diagnosis of an eating disorder and treatment at such facility is medically indicated for treatment of that eating disorder.
“(c) Eating Disorder Defined.—In this section, the term ‘eating disorder’ has the meaning given that term in section 1079(r) of this title.”
“1090a. Identifying and treating eating disorders.
“1090b. Commanding officer and supervisor referrals of members for mental health evaluations.”.
“(19) Preconception and prenatal carrier screening tests shall be provided to eligible covered beneficiaries, with a limit per beneficiary of one test per condition per lifetime, for the following conditions:
“(A) Cystic Fibrosis.
“(B) Spinal Muscular Atrophy.
“(C) Fragile X Syndrome.
“(D) Tay-Sachs Disease.
“(E) Hemoglobinopathies.
“(F) Conditions linked with Ashkenazi Jewish descent.”
“(h) Authority for Multiple Networks in the Same Geographic Area.—
(1) The Secretary may establish a system of multiple networks of providers under TRICARE Select in the same geographic area or areas.
“(2) Under a system established under paragraph (1), the Secretary may—
“(A) require a covered beneficiary enrolling in TRICARE Select to enroll in a specific provider network established pursuant to such system, in which case any provider not in that specific provider network shall be deemed an out-of-network provider with respect to the covered beneficiary (regardless of whether the provider is in a different TRICARE Select provider network) for purposes of this section or any other provision of law limiting the coverage or provision of health care services to those provided by network providers under the TRICARE program; and
“(B) include beneficiaries covered by subsection (c)(2).”
“(e) Authority for Multiple Networks in the Same Geographic Area.—
(1) The Secretary may establish a system of multiple networks of providers under TRICARE Prime in the same geographic area or areas.
“(2) Under a system established under paragraph (1), the Secretary may require a covered beneficiary enrolling in TRICARE Prime to enroll in a specific provider network established pursuant to such system, in which case any provider not in that specific provider network shall be deemed an out-of-network provider with respect to the covered beneficiary (regardless of whether the provider is in a different TRICARE Prime provider network) for purposes of this section or any other provision of law limiting the coverage or provision of health care services to those provided by network providers under the TRICARE program.”
“(e) Self-initiated Referral Process.—
(1) The regulations required by subsection (a) shall, with respect to a member of the armed forces—
“(A) provide for a self-initiated process that enables the member to trigger a referral for a mental health evaluation by requesting such a referral from a commanding officer or supervisor who is in a grade above E-5;
“(B) ensure the function of the process described in subparagraph (A) by—
“(i) requiring the commanding officer or supervisor of the member to refer the member to a mental health provider for a mental health evaluation as soon as practicable following the request of the member (including by providing to the mental health provider the name and contact information of the member and providing to the member the date, time, and place of the scheduled mental health evaluation); and
“(ii) ensure the member may request a referral pursuant to subparagraph (A) on any basis (including on the basis of a concern relating to fitness for duty, occupational requirements, safety issues, significant changes in performance, or behavioral changes that may be attributable to possible changes in mental status); and
“(C) ensure that the process described in subparagraph (A)—
“(i) reduces stigma in accordance with subsection (b), including by treating referrals for mental health evaluations made pursuant to such process in a manner similar to referrals for other medical services, to the maximum extent practicable; and
“(ii) protects the confidentiality of the member to the maximum extent practicable, in accordance with requirements for the confidentiality of health information under the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191) and applicable privacy laws.
“(2) In making a referral for an evaluation of a member of the armed forces triggered by a request made pursuant to the process described in paragraph (1)(A), if the member has made such a request on the basis of a concern that the member is a potential or imminent danger to self or others, the commanding officer or supervisor of the member shall observe the following principles:
“(A) With respect to safety, if the commander or supervisor determines the member is exhibiting dangerous behavior, the first priority of the commander or supervisor shall be to ensure that precautions are taken to protect the safety of the member, and others, prior to the arrival of the member at the location of the evaluation.
“(B) With respect to communication, prior to such arrival, the commander or supervisor shall communicate to the provider to which the member is being referred (in a manner and to an extent consistent with paragraph (1)(C)(ii)), information on the circumstances and observations that led to—
“(i) the member requesting the referral; and
“(ii) the commander or supervisor making such referral based on the request.
“(f) Annual Training Requirement.—On an annual basis, each Secretary concerned shall provide to the members of the Armed Forces under the jurisdiction of such Secretary a training on how to recognize personnel who may require mental health evaluations on the basis of the individual being an imminent danger to self or others, as demonstrated by the behavior or apparent mental state of the individual.”
“(3) input from covered beneficiaries who have participated in the pilot program regarding their satisfaction with, and any benefits attained from, such participation.”
“(e) Reimbursement.—If the Secretary carries out the pilot program under subsection (a)(1), reimbursement of retail pharmacies for medication under the pilot program may not exceed the amount of reimbursement paid to the national mail-order pharmacy program under section 1074g of title 10, United States Code, for the same medication, after consideration of all manufacturer discounts, refunds, rebates, pharmacy transaction fees, and other costs.”
; and
“(1) Briefing.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the pilot program under subsection (a)(1) or on the determination of the Secretary under subsection (a)(2) that the Secretary is not permitted to carry out the pilot program.”
; and
“(f) Consultations on Medical Research of Military Departments.—In establishing the Defense Health Agency Research and Development pursuant to subsection (e)(1), and on a basis that is not less frequent than semiannually thereafter, the Secretary of Defense shall carry out recurring consultations with each military department regarding the plans and requirements for military medical research organizations and activities of the military department.”
Ҥ 1073f. Health care fraud and abuse prevention program
“(a) Program Authorized.—
(1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense.
“(2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency.
“(3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General.
“(b) Civil Monetary Penalties.—
(1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a).
“(2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed—
“(A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and
“(B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d).
“(c) Interagency Agreements.—The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a).
“(d) Rule of Construction.—Joint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law.
“(e) Fraud and Abuse Defined.—In this section, the term ‘fraud and abuse’ means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a).”
“1073f. Health care fraud and abuse prevention program.”.
Ҥ 1104a. Shared medical facilities with Department of Veterans Affairs
“(a) Agreements.—Secretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction of facilities to be operated as shared medical facilities.
“(b) Transfer of Funds by Secretary of Defense.—
(1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows:
“(A) For the construction of a shared medical facility, amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if—
“(i) the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under such subsection; and
“(ii) the other requirements of such section have been met with respect to funds identified for transfer.
“(B) For the planning, design, and construction of space for a shared medical facility, amounts appropriated for the Defense Health Program.
“(2) The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of Defense.
“(3) Section 2215 of this title does not apply to a transfer of funds under this subsection.
“(c) Transfer of Funds to Secretary of Defense.—
(1) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility.
“(2) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design of space for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes.
“(3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title.
“(d) Merger of Amounts Transferred.—Any amount transferred to the Secretary of Veterans Affairs under subsection (b) and any amount transferred to the Secretary of Defense under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred.
“(e) Appropriation in Advance.—Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts.
“(f) Shared Medical Facility Defined.—In this section, the term ‘shared medical facility’—
“(1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and
“(2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.”
“1104a. Shared medical facilities with Department of Veterans Affairs.”.
Ҥ 8111B. Shared medical facilities with Department of Defense
“(a) Agreements.—The Secretary of Veterans Affairs may enter into agreements with the Secretary of Defense for the planning, design, and construction of facilities to be operated as shared medical facilities.
“(b) Transfer of Funds by Secretary of Veterans Affairs.—
(1) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for ‘Construction, minor projects’ for use for the planning, design, or construction of a shared medical facility if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title.
“(2) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for ‘Construction, major projects’ for use for the planning, design, or construction of a shared medical facility if—
“(A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title; and
“(B) the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer.
“(c) Transfer of Funds to Secretary of Veterans Affairs.—
(1) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title, may be credited to the ‘Construction, minor projects’ account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility.
“(2) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title, may be credited to the ‘Construction, major projects’ account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility if the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer.
“(d) Merger of Amounts Transferred.—Any amount transferred to the Secretary of Defense under subsection (b) and any amount transferred to the Secretary of Veterans Affairs under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred.
“(e) Appropriation in Advance.—Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts.
“(f) Shared Medical Facility Defined.—In this section, the term ‘shared medical facility’—
“(1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and
“(2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.”
“8111B. Shared medical facilities with Department of Defense.”.
“(a) Overall System to Track and Record Vaccine Information.—
(1) The Secretary of Defense, in consultation with the Director of the Defense Health Agency and in coordination with the Secretaries of the military departments, shall establish a system to track and record the following information:
“(A) Each vaccine administered by a health care provider of the Department of Defense to a member of an armed force under the jurisdiction of the Secretary of a military department.
“(B) Any adverse reaction of the member related to such vaccine.
“(C) Each refusal by such a member of any vaccine that is being so administered, including vaccines licensed by the Food and Drug Administration under section 351 of the Public Health Service Act (42 U.S.C. 262) and vaccines otherwise approved or authorized.
“(D) Each refusal by such a member of a vaccine on the basis that the vaccine is being administered by a health care provider of the Department pursuant to an emergency use authorization granted by the Commissioner of Food and Drugs under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–3).
“(E) Each refusal by such a member of an investigational new drug or a drug unapproved for its applied use that is being administered pursuant to a request or requirement of the Secretary of Defense and with respect to which the President has granted a waiver of the prior consent requirement pursuant to section 1107(f)(1) of this title.
“(2) In carrying out paragraph (1), the Secretary of Defense shall ensure that—
“(A) any electronic health record maintained by the Secretary for a member of an armed force under the jurisdiction of the Secretary of a military department is updated with the information specified in such paragraph with respect to the member;
“(B) any collection, storage, or use of such information is conducted through means involving such cyber protections as the Secretary determines necessary to safeguard the personal information of the member; and
“(C) the system established under such paragraph is interoperable and compatible with the electronic health record system known as ‘MHS GENESIS’, or such successor system.”
“1110. System for tracking and recording vaccine information; anthrax vaccine immunization program.”.
“(D) The requirement for a physical examination and mental health assessment under subparagraph (A) shall not apply with respect to a member of a reserve component described in paragraph (2)(B) unless the member is retiring, or being discharged or dismissed, from the armed forces.”
“(2)
(A) A covered employee whose employment or service with the Department of Veterans Affairs, Public Health Service, or Coast Guard (as applicable) is in a position relevant to national security or health sciences may receive instruction at the University within the scope of such employment or service.
“(B) If a covered employee receives instruction at the University pursuant to subparagraph (A), the head of the Federal agency concerned shall reimburse the University for the cost of providing such instruction to the covered employee. Amounts received by the University under this subparagraph shall be retained by the University to defray the costs of such instruction.
“(C) Notwithstanding subsections (b) through (e) and subsection (i), the head of the Federal agency concerned shall determine the service obligations of the covered employee receiving instruction at the University pursuant to subparagraph (A) in accordance with applicable law.
“(D) In this paragraph—
“(i) the term ‘covered employee’ means an employee of the Department of Veterans Affairs, a civilian employee of the Public Health Service, a member of the commissioned corps of the Public Health Service, a member of the Coast Guard, or a civilian employee of the Coast Guard; and
“(ii) the term ‘head of the Federal agency concerned’ means the head of the Federal agency that employs, or has jurisdiction over the uniformed service of, a covered employee permitted to receive instruction at the University under subparagraph (A) in the relevant position described in such subparagraph.”
Ҥ 1746a. Acquisition workforce educational partnerships
“(a) Establishment.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to—
“(1) facilitate the engagement of relevant experts, including with the acquisition research activities established under section 2361a of this title, with the faculty of the Defense Acquisition University to assess and modify the curriculum of the Defense Acquisition University, as appropriate, to enhance the capabilities of the Defense Acquisition University to support educational, training, and research activities in support of acquisition missions of the Department of Defense;
“(2) establish a cross-discipline, peer mentoring program for academic advising and to address critical retention concerns with respect to the acquisition workforce;
“(3) partner with extramural institutions and military department functional leadership to offer training and on-the-job learning support to all members of the acquisition workforce addressing operational challenges that affect procurement decisionmaking;
“(4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and continuous development of members of the acquisition workforce;
“(5) accelerate the adoption, appropriate design and customization, and use of flexible acquisition practices by the acquisition workforce by expanding the availability of training and on-the-job learning and guidance on such practices and incorporating such training into the curriculum of the Defense Acquisition University; and
“(6) support and enhance the capabilities of the faculty of the Defense Acquisition University, and the currency and applicability of the knowledge possessed by such faculty, by—
“(A) building partnerships between the faculty of the Defense Acquisition University and the director of, and individuals involved with, the activities established under section 2361a of this title;
“(B) supporting the preparation and drafting of the reports required under subsection (f)(2); and
“(C) instituting a program under which each member of the faculty of the Defense Acquisition University shall be detailed to an operational acquisition position in a military department or Defense Agency, or to an extramural institution, for not less than six months out of every five year period.
“(b) Senior Official.—Not later than 180 days after the enactment of this section, the President of the Defense Acquisition University shall designate a senior official to execute activities under this section.
“(c) Support From Other Department of Defense Organizations.—The Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate.
“(d) Funding.—Subject to the availability of appropriations, the Under Secretary of Defense for Acquisition and Sustainment may use amounts available in the Defense Acquisition Workforce and Development Account (as established under section 1705 of this title) to carry out the requirements of this section.
“(e) Annual Reports.—Not later than September 30, 2022, and annually thereafter, the President of the Defense Acquisition University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on the date on which such report is submitted.
“(f) Exemption to Report Termination Requirements.—Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply with respect to the reports required to be submitted to Congress under this section.
“(g) Definitions.—In this section:
“(1) Acquisition workforce.—The term ‘acquisition workforce’ has the meaning given such term in section 1705(g) of this title.
“(2) Extramural institutions.—The term ‘extramural institutions’ means participants in an activity established under section 2361a of this title, public sector organizations, and nonprofit credentialing organizations.”
“1746a. Acquisition workforce educational partnerships.”.
Ҥ 2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations
“(a) In General.—Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation.
“(b) Applicability.—Subsection (a) shall apply to prime contracts and subcontracts at any tier.
“(c) Exceptions.—
“(1) In general.—Subsection (a) does not apply under the following circumstances:
“(A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price.
“(B) The procurement of a covered item for use outside of the United States.
“(C) Purchases for amounts not greater than $150,000.
“(2) Limitation.—A proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception.
“(d) Definitions.—In this section:
“(1) Covered item.—The term ‘covered item’ means an article or item of—
“(A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or
“(B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages.
“(2) Covered nation.—The term ‘covered nation’ means—
“(A) the Democratic People’s Republic of North Korea;
“(B) the People’s Republic of China;
“(C) the Russian Federation; and
“(D) the Islamic Republic of Iran.”
“2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations.”.
“4875. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations.”.
Ҥ 2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures
“(a) Authority.—The Secretary of Defense and the Secretaries of the military departments may acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals.
“(b) Treatment as Competitive Procedures.—Use of general solicitation competitive procedures under subsection (a) shall be considered to be use of competitive procedures for purposes of chapter 137 of this title.
“(c) Limitations.—
(1) The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority under subsection (a) without a written determination from the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive of the efficacy of the effort to meet mission needs of the Department of Defense or the relevant military department.
“(2) Contracts or agreements entered into using the authority under subsection (a) shall be fixed-price, including fixed-price incentive fee contracts.
“(3) Notwithstanding section 2376(1) of this title, products and services acquired using the authority under subsection (a) shall be treated as commercial products and commercial services.
“(d) Congressional Notification Required.—
(1) Not later than 45 days after the award of a contract for an amount exceeding $100,000,000 using the authority in subsection (a), the Secretary shall notify the congressional defense committees of such award.
“(2) Notice of an award under paragraph (1) shall include the following:
“(A) Description of the innovative commercial product or commercial service acquired.
“(B) Description of the requirement, capability gap, or potential technological advancement with respect to which the innovative commercial product or commercial service acquired provides a solution or a potential new capability.
“(C) Amount of the contract awarded.
“(D) Identification of the contractor awarded the contract.
“(e) Innovative Defined.—In this section, the term ‘innovative’ means—
“(1) any technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or
“(2) any application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date.”
“2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures.”.
“3458. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures.”.
Ҥ 239c. Certain multiyear contracts for acquisition of property: budget justification materials
“(a) In General.—In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2023 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include a proposal for any multiyear contract of the Department entered into under section 2306b of this title that—
“(1) the head of an agency intends to cancel during the fiscal year; or
“(2) with respect to which the head of an agency intends to effect a covered modification during the fiscal year.
“(b) Elements.—Each proposal required by subsection (a) shall include the following:
“(1) A detailed assessment of any expected termination costs associated with the proposed cancellation or covered modification of the multiyear contract.
“(2) An updated assessment of estimated savings of such cancellation or carrying out the multiyear contract as modified by such covered modification.
“(3) An explanation of the proposed use of previously appropriated funds for advance procurement or procurement of property planned under the multiyear contract before such cancellation or covered modification.
“(4) An assessment of expected impacts of the proposed cancellation or covered modification on the defense industrial base, including workload stability, loss of skilled labor, and reduced efficiencies.
“(c) Definitions.—In this section:
“(1) The term ‘covered modification’ means a modification that will result in a reduction in the quantity of end items to be procured.
“(2) The term ‘head of an agency’ means—
“(A) the Secretary of Defense;
“(B) the Secretary of the Army;
“(C) the Secretary of the Navy; or
“(D) the Secretary of the Air Force.”
“239c. Certain multiyear contracts for acquisition of property: budget justification materials.”.
“(6) The Director shall ensure that contractors of the Department of Defense carrying out activities for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense employ for such activities a substantial number of individuals who have completed, or who are currently enrolled in, a qualified training program.”
“(4) require that any training or professional development activities for military personnel or civilian employees of the Department of Defense for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense are conducted under a qualified training program that trains and certifies individuals in meeting corrosion control standards that are recognized industry-wide.”
; and
“(6) The term ‘qualified training program’ means a training program in corrosion control, mitigation, and prevention that is—
“(A) offered or accredited by an organization that sets industry corrosion standards; or
“(B) an industrial coatings applicator training program registered under the Act of August 16, 1937 (popularly known as the ‘National Apprenticeship Act’; 29 U.S.C. 50 et seq.).”
“(4) be informed by the review of the inventory required by section 2330a(c) using standard guidelines developed under subsection (d); and
“(5) clearly and separately identify the amount requested and projected for the procurement of contract services for each Defense Agency, Department of Defense Field Activity, command, or military installation for the budget year and the subsequent four fiscal years in the future-years defense program submitted to Congress under section 221.”
“(d) Requirements Evaluation.—
(1) Each Services Requirements Review Board shall evaluate each requirement for a services contract, taking into consideration total force management policies and procedures, available resources, the analyses conducted under subsection (c), and contracting efficacy and efficiency. An evaluation of a services contract for compliance with contracting policies and procedures may not be considered to be an evaluation of a requirement for such services contract.
“(2) The Secretary of Defense shall establish and issue standard guidelines within the Department of Defense for the evaluation of requirements for services contracts. Any such guidelines issued—
“(A) shall be consistent with the ‘Handbook of Contract Function Checklists for Services Acquisition’ issued by the Department of Defense in May 2018, or a successor or other appropriate policy; and
“(B) shall be updated as necessary to incorporate applicable statutory changes to total force management policies and procedures and any other guidelines or procedures relating to the use of Department of Defense civilian employees to perform new functions and functions that are performed by contractors.
“(3) The acquisition decision authority for each services contract shall certify—
“(A) that a task order or statement of work being submitted to a contracting office is in compliance with the standard guidelines;
“(B) that all appropriate statutory risk mitigation efforts have been made; and
“(C) that such task order or statement of work does not include requirements formerly performed by Department of Defense civilian employees.
“(4) The Inspector General of the Department of Defense may conduct annual audits to ensure compliance with this subsection.”
“(4) The term ‘acquisition decision authority’ means the designated decision authority for each designated special interest services acquisition category, described in such Department of Defense Instruction.”
“(F) Welded shipboard anchor and mooring chain.”
; and
“(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.”
“(h) Guidance.—The Secretary of Defense shall issue guidance to carry out this section.”
“(g) Congressional Notice.—
“(1) In general.—Not later than 15 days after a procurement contract or other agreement that exceeds a fair market value of $10,000,000 is awarded under the authority under a program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees written notice of such award.
“(2) Contents.—Each notice submitted under paragraph (1) shall include—
“(A) the value of the relevant procurement contract or other agreement, as applicable, including all options;
“(B) a brief description of the research result, technology development, or prototype for which such procurement contract or other agreement, as applicable, was awarded; and
“(C) an explanation of the benefit to the performance of the military mission of the Department of Defense resulting from the award.”
“(2) The Secretary may deem the portion of the costs of the contractor described in paragraph (1) with respect to a designated system as allowable independent research and development costs under the regulations issued under section 2372 of this title if—
“(A) the designated system receives Milestone B approval; and
“(B) the Secretary determines that doing so would further the purposes of this section.”
; and
“(2) The term ‘independent research and development costs’ has the meaning given the term in section 31.205-18 of title 48, Code of Federal Regulations.
“(3) The term ‘Milestone B approval’ has the meaning given the term in section 2366(e)(7) of this title.”
“(d) Data Collection.—The Secretary of Defense shall develop and implement a plan to collect and analyze data on the use of authority under this section for the purposes of—
“(1) developing and sharing best practices; and
“(2) providing information to the Secretary of Defense and Congress on the use of authority under this section and related policy issues.
“(e) Report.—The Secretary of Defense shall submit a report to the congressional defense committees on the activities carried out under this section not later than December 31, 2025.”
; and
“(b) Objective.—The objective of subsection (a) shall be to employ digital tools, technologies, and approaches to ensure the accessibility of relevant defense industrial base data to key decision-makers in the Department.”
“(ii) A description of modern data infrastructure, tools, and applications and an assessment of the extent to which new capabilities would improve the effectiveness and efficiency of mitigating the risks described in subsection (c)(2).”
; and
“(2)
(A) Based on the findings pursuant to paragraph (1), the Secretary of Defense shall develop a unified set of activities to modernize the systems of record, data sources and collection methods, and data exposure mechanisms. The unified set of activities should include—
“(i) the ability to continuously collect data on, assess, and mitigate risks;
“(ii) data analytics and business intelligence tools and methods; and
“(iii) continuous development and continuous delivery of secure software to implement the activities.
“(B) In connection with the assessments described in this section, the Secretary shall develop capabilities to map supply chains and to assess risks to the supply chain for major end items by business sector, vendor, program, part, and other metrics as determined by the Secretary.”
“(14) Beef products.
“(15) Molybdenum and molybdenum alloys.
“(16) Optical transmission equipment, including optical fiber and cable equipment.
“(17) Armor on tactical ground vehicles.
“(18) Graphite processing.
“(19) Advanced AC–DC power converters.”
“(3) Paragraph (1) shall take effect on January 1, 2027.”
“(B) is a component of—
“(i) a defense security system; or
“(ii) a system, other than a defense security system, that transmits or stores information and which the Secretary identifies as national security sensitive in the contract under which such printed circuit board is acquired.”
; and
“(4) Commercial product; commercial service; commercially available off-the shelf item.—The terms ‘commercial product’, ‘commercial service’, and ‘commercially available off-the-shelf item’ have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively.
“(5) Defense security system.—
“(A) The term ‘defense security system’ means an information system (including a telecommunications system) used or operated by the Department of Defense, by a contractor of the Department, or by another organization on behalf of the Department, the function, operation, or use of which—
“(i) involves command and control of an armed force;
“(ii) involves equipment that is an integral part of a weapon or weapon system; or
“(iii) subject to subparagraph (B), is critical to the direct fulfillment of military missions.
“(B) Subparagraph (A)(iii) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).
“(6) Specified type.—The term ‘specified type’ means a printed circuit board that is—
“(A) a component of an electronic device that facilitates the routing, connecting, transmitting or securing of data and is commonly connected to a network, and
“(B) any other end item, good, or product specified by the Secretary in accordance with subsection (d)(2).”
; and
“(d) Rulemaking.—
“(1) The Secretary may issue rules providing that subsection (a) may not apply with respect to an acquisition of commercial products, commercial services, and commercially available off-the-shelf items if—
“(A) the contractor is capable of meeting minimum requirements that the Secretary deems necessary to provide for the security of national security networks and weapon systems; including, at a minimum, compliance with section 224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2302 note); and
“(B) either—
“(i) the Government and the contractor have agreed to a contract requiring the contractor to take certain actions to ensure the integrity and security of the item, including protecting the item from unauthorized access, use, disclosure, disruption, modification, or destruction; or
“(ii) the Secretary has determined that the contractor has adopted such procedures, tools, and methods for identifying the sources of components of such item, based on commercial best practices, that meet or exceed the applicable trusted supply chain and operational security standards of the Department of Defense.
“(2) The Secretary may issue rules specifying end items, goods, and products for which a printed circuit board that is a component thereof shall be a specified type if the Secretary has promulgated final regulations, after an opportunity for notice and comment that is not less than 12 months, implementing this section.
“(3) In carrying out this section, the Secretary shall, to the maximum extent practicable, avoid imposing contractual certification requirements with respect to the acquisition of commercial products, commercial services, or commercially available off-the-shelf items.”
“SEC. 851. PILOT PROGRAM FOR DEVELOPMENT OF TECHNOLOGY-ENHANCED CAPABILITIES WITH PARTNERSHIP INTERMEDIARIES.
“(a) Establishment.—The Secretary of Defense may authorize the Commander of the United States Special Operations Command to use funds described in subsection (b) for a pilot program under which the Commander shall make, through the use of a partnership intermediary, covered awards to small business concerns to develop technology-enhanced capabilities for special operations forces.
“(b) Funds.—
“(1) In general.—The funds described in this subsection are funds transferred to the Commander of the United States Special Operations Command to carry out the pilot program established under this section from funds available to be expended by each covered entity pursuant to section 9(f) of the Small Business Act (15 U.S.C. 638(f)).
“(2) Limitations.—
“(A) Fiscal year.—A covered entity may not transfer to the Commander an amount greater than 10 percent of the funds available to be expended by such covered entity pursuant to such section 9(f) for a fiscal year.
“(B) Aggregate amount.—The aggregate amount of funds to be transferred to the Commander may not exceed $20,000,000.
“(c) Partnership Intermediaries.—
“(1) Authorization.—The Commander may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of contracts and agreements to small business concerns.
“(2) Limitation.—None of the funds described in subsection (b) may be used to pay a partnership intermediary for any costs associated with the pilot program.
“(3) Data.—With respect to a covered award made under this section, the Commander shall gather data on the role of the partnership intermediary to include the—
“(A) staffing structure;
“(B) funding sources; and
“(C) methods for identifying and evaluating small business concerns eligible for a covered award.
“(d) Report.—
“(1) Annual report.—Not later than October 1 of each year until October 1, 2026, the Commander of the United States Special Operations Command, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report including—
“(A) a description of each agreement with a partnership intermediary entered into pursuant to this section;
“(B) for each covered award made under this section—
“(i) a description of the role served by the partnership intermediary;
“(ii) the amount of funds obligated;
“(iii) an identification of the small business concern that received such covered award;
“(iv) a description of the use of such covered award;
“(v) a description of the role served by the program manager (as defined in section 1737 of title 10, United States Code) of the covered entity with respect to the small business concern that received such covered award, including a description of interactions and the process of the program manager in producing a past performance evaluation of such concern; and
“(vi) the benefits achieved as a result of the use of a partnership intermediary for the pilot program established under this section as compared to previous efforts of the Commander to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces; and
“(C) a plan detailing how each covered entity will apply lessons learned from the pilot program to improve processes for directly working with and supporting small business concerns to develop technology-enhanced capabilities for special operations forces.
“(2) Final report.—The final report required under this subsection shall include, along with the requirements of paragraph (1), a recommendation regarding—
“(A) whether and for how long the pilot program established under this section should be extended; and
“(B) whether to increase funding for the pilot program, including a justification for such an increase.
“(e) Termination.—The authority to carry out a pilot program under this section shall terminate on September 30, 2025.
“(f) Definitions.—In this section:
“(1) The term ‘covered award’ means an award made under the Small Business Innovation Research Program.
“(2) The term ‘covered entity’ means—
“(A) the Army;
“(B) the Navy;
“(C) the Air Force;
“(D) the Marine Corps;
“(E) the Space Force; and
“(F) any element of the Department of Defense that makes awards under the Small Business Innovation Research Program.
“(3) The term ‘partnership intermediary’ has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715(c)).
“(4) The term ‘small business concern’ has the meaning given the term under section 3 of the Small Business Act (15 U.S.C. 632).
“(5) The term ‘Small Business Innovation Research Program’ has the meaning given the term in section 9(e) of the Small Business Act (15 U.S.C. 638(e)).
“(6) The term ‘technology-enhanced capability’ means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission.”
“(5) Additional testing.—Not later than 180 days after the date of the enactment of this paragraph, the Administrator shall—
“(A) begin testing commercial e-commerce portal models (other than any such model selected for the initial proof of concept) identified pursuant to paragraph (2); and
“(B) submit to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes—
“(i) a summary of the assessments conducted under paragraph (2) with respect to a commercial e-commerce portal model identified pursuant to such paragraph;
“(ii) a list of the types of commercial products that could be procured using models tested pursuant to subparagraph (A);
“(iii) an estimate of the amount that could be spent by the head of a department or agency under the program, disaggregated by type of commercial e-commerce portal model; and
“(iv) an update on the models tested pursuant to subparagraph (A) and a timeline for completion of such testing.
“(6) Report.—Upon completion of testing conducted under paragraph (5) and before taking any action with respect to the commercial e-commerce portal models tested, the Administrator of General Services shall submit to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the results of such testing that includes—
“(A) an assessment and comparison of commercial e-commerce portal models with respect to—
“(i) price and quality of the commercial products supplied by each commercial e-commerce portal model;
“(ii) supplier reliability and service;
“(iii) safeguards for the security of Government information and third-party supplier proprietary information;
“(iv) protections against counterfeit commercial products;
“(v) supply chain risks, particularly with respect to complex commercial products; and
“(vi) overall adherence to Federal procurement rules and policies; and
“(B) an analysis of the costs and benefits of the convenience to the Federal Government of procuring commercial products from each such commercial e-commerce portal model.”
“(D) in sections 3131 through 3134 of title 40, except any modification of any such dollar threshold made by regulation in effect on the date of the enactment of this subparagraph shall remain in effect.”
“(4) Determinations regarding status of concerns.—
“(A) In general.—Not later than 2 days after the date on which a final determination that a business concern does not meet the requirements of the status such concern claims to hold is made, such concern or the Administrator, as applicable, shall update the status of such concern in the System for Award Management (or any successor system).
“(B) Administrator updates.—If such concern fails to update the status of such concern as described in subparagraph (A), not later than 2 days after such failure the Administrator shall make such update.
“(C) Notification.—A concern required to make an update described under subparagraph (A) shall notify a contracting officer for each contract with respect to which such concern has an offer or bid pending of the determination made under subparagraph (A), if the concern finds, in good faith, that such determination affects the eligibility of the concern to perform such a contract.”
“(a)
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
“(2) A person may not be appointed as Secretary of Defense—
“(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
“(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.”
“198. Office of Local Defense Community Cooperation.”.
“(2) increasing awareness of global trends, threats, and adversary capabilities to address gaps in joint military capabilities and validate joint requirements developed by the military departments;”
; and
“(i) shall provide assistance in evaluating the technical feasibility of requirements under development; and
“(ii) shall identify options for expanding or generating new requirements based on opportunities provided by new or emerging technologies.”
“(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.”
“(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.”
“(f) Electromagnetic Spectrum Superiority Strategy.—
“(1) Designation.—
“(A) Requirement.—Not later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall designate a senior official of the Department of Defense to be responsible for, and accountable to the Secretary with respect to, the implementation of the electromagnetic spectrum superiority strategy. The Secretary shall designate the senior official from among individuals who are appointed to a position in the Department by the President, by and with the advice and consent of the Senate.
“(B) Conditions relating to designation of chief information officer.—
“(i) Certification.—The Secretary may not designate the Chief Information Officer of the Department of Defense as the senior official under subparagraph (A) unless the Secretary has first included in the report under paragraph (3)(A) a certification that the Chief Information Officer has the expertise, authority, funding, and personnel to ensure the successful implementation of the electromagnetic spectrum superiority strategy.
“(ii) CAPE assessment.—If the Secretary designates the Chief Information Officer of the Department of Defense as the senior official under subparagraph (A), not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees an evaluation of the ability of the Chief Information Officer to ensure the successful implementation of the electromagnetic spectrum superiority strategy, including, at a minimum, an evaluation of the expertise, authority, funding, and personnel of the Chief Information Officer.
“(2) Responsibilities.—The senior official designated under paragraph (1)(A) shall be responsible for the following:
“(A) Oversight of policy, strategy, planning, resource management, operational considerations, personnel, and technology development necessary to implement the electromagnetic spectrum superiority strategy.
“(B) Evaluating whether the amount that the Department of Defense expends on electromagnetic warfare and electromagnetic spectrum operations capabilities is properly aligned.
“(C) Evaluating whether the Department is effectively incorporating electromagnetic spectrum operations capabilities and considerations into current and future operational plans and concepts.
“(D) Such other matters relating to electromagnetic spectrum operations as the Secretary specifies for purposes of this paragraph.
“(3) Reports.—
“(A) Implementation report.—Not later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall submit to the congressional defense committees a report on the implementation of the Electromagnetic Spectrum Superiority Strategy published in October 2020, including—
“(i) an evaluation of the additional personnel, resources, and authorities the Secretary determines will be needed by the senior official designated under paragraph (1)(A) who is responsible for implementing the electromagnetic spectrum superiority strategy; and
“(ii) a description of how the Secretary will ensure that such implementation will be successful.
“(B) Rules of engagement report.—Not later than 270 days after the date of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall submit to the congressional defense committees a report that includes the following:
“(i) A review of the sufficiency of the authorities and rules of engagement of the Department of Defense relating to electromagnetic spectrum operations, in particular with respect to operating below the level of armed conflict short of or in advance of kinetic activity and to protect the Department from electronic attack and disruption.
“(ii) Recommended changes to the authorities or rules of engagement to ensure the Department can effectively compete, deter conflict, and maintain protection from electronic attack and disruption.
“(iii) Any other matters the Secretary determines relevant.
“(4) Semiannual briefings.—On a semiannual basis during the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall provide to the congressional defense committees a briefing on the status of the implementation of the electromagnetic spectrum superiority strategy. Each briefing shall include, at a minimum, the following:
“(A) An update on the efforts of the Department of Defense to—
“(i) achieve the strategic goals set out in the electromagnetic spectrum superiority strategy; and
“(ii) implement such strategy through various elements of the Department.
“(B) An identification of any additional authorities or resources relating to electromagnetic spectrum operations that the Secretary determines is necessary to implement the strategy.
“(5) Electromagnetic spectrum superiority strategy defined.—In this subsection, the term ‘electromagnetic spectrum superiority strategy’ means the Electromagnetic Spectrum Superiority Strategy of the Department of Defense published in October 2020, and any such successor strategy.”
“(G) The expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year’s plan.
“(H) A certification by the appropriate Senior Technical Authority designated under section 8669b of this title of the expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year’s plan.
“(I) For each battle force ship planned to be inactivated during the five-year period beginning on the date of the submittal of the report, a description of the planned disposition of each such ship following such inactivation and the potential gaps in warfighting capability that will result from such ship being removed from service.”
; and
“(6) The term ‘expected service life’ means the number of years a naval vessel is expected to be in service.”
Ҥ 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair
“(a) In General.—The Secretary of the Navy shall establish and appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (in this section referred to as the ‘Deputy Commander’).
“(b) Qualifications.—The Deputy Commander shall be a flag officer of the Navy or an employee of the Navy in a Senior Executive Service position who possesses the expertise required to carry out the responsibilities specified in this section.
“(c) Reporting.—The Deputy Commander shall report directly to the Commander of the Naval Sea Systems Command.
“(d) General Responsibilities.—The Deputy Commander shall oversee—
“(1) the independent administration and management of the execution of Department of Defense contracts awarded to commercial entities for shipbuilding, conversion, and repair at the facilities of such entities;
“(2) the designated contract administration office of the Department responsible for performing contract administration services for such contracts;
“(3) enforcement of requirements of such contracts to ensure satisfaction of all contractual obligations;
“(4) the work performed on such contracts to facilitate greater quality and economy in the products and services being procured; and
“(5) on-site quality assurance by the Government for such contracts, including inspections.
“(e) Non-Contract Administration Services Functions.—The Deputy Commander shall manage the complexities and unique demands of shipbuilding, conversion, and repair by overseeing the performance of the following non-contract administration services functions for Navy Program Executives Offices, fleet commanders, and the Naval Sea Systems Command headquarters:
“(1) Project oversight, including the following:
“(A) Coordinating responses to non-contractual emergent problems, as assigned by the Commander of Naval Sea Systems Command.
“(B) Jointly coordinating activities of precommissioning crews and ship’s force, and other Government activities.
“(C) Communicating with customers and higher authority regarding matters that may affect project execution.
“(D) Contract planning and procurement, including participation in acquisition planning and pre-award activities, including assessment of contractor qualifications.
“(2) Technical authority, including the following:
“(A) Execution of the technical authority responsibilities by the Waterfront Chief Engineer.
“(B) Execution of the waterfront technical authority responsibilities of the Naval Sea Systems Command for providing Government direction and coordination in the resolution of technical issues.
“(f) Comprehensive Contract Management.—The Deputy Commander shall maintain direct relationships with the Director of the Defense Contract Management Agency and the Director of the Defense Contract Audit Agency to facilitate comprehensive contract management and oversight of commercial entities awarded a contract described in subsection (d)(1) and subcontractors (at any tier).
“(g) Subcontractor Audits.—The Deputy Commander shall request that the Director of the Defense Contract Audit Agency perform periodic audits of subcontractors that perform cost-type subcontracts or incentive subcontracts—
“(1) that are valued at $50,000,000 or more; and
“(2) for which the Deputy Commander oversees the designated contract administration office of the Department pursuant to subsection (d)(2).
“(h) Annual Written Assessment.—
(1) Not later than March 1 of each year, the Deputy Commander shall submit to the congressional defense committees a written assessment summarizing the activities and results associated with the contracts for which the Deputy Commander oversees the designated contract administration office of the Department.
“(2) Each written assessment required by paragraph (1) shall include the following:
“(A) A summary of shipbuilding performance that—
“(i) includes common critical process metrics documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair for each commercial entity described in subsection (d)(1);
“(ii) outlines corrective action requests for critical defects and any actions planned or taken to address them;
“(iii) indicates waivers approved to support acceptance trials, combined trials, and Navy acceptance of ship delivery from the commercial entity described in subsection (d)(1), to include the conditions requiring the approval of each waiver; and
“(iv) includes information on the extent to which letters of delegation are used for each shipbuilding program to provide for quality assurance oversight of subcontractors (at any tier) by the Defense Contract Management Agency.
“(B) A summary of any significant deficiencies in contractor business systems or other significant contract discrepancies documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair, the Defense Contract Management Agency, or the Defense Contract Audit Agency for such contracts, and any actions planned or taken in response.
“(C) A summary of the results from audits and inspections completed by Naval Sea Systems Command that evaluate the performance of the appropriate Navy supervisor of shipbuilding, conversion, and repair in executing their quality assurance and contract administration responsibilities.
“(D) A summary of any dedicated evaluation, such as a review by a task force or working group, of the organizational structure and resourcing plans and requirements that support the supervision of shipbuilding, conversion, and repair, that—
“(i) includes key findings, recommendations, and implementation plans; and
“(ii) indicates any additional support needed from other organizations of the Department, such as the Defense Contract Audit Agency and the Defense Contract Management Agency, for implementation.”
“8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair.”.
Ҥ 8669c. Assessments required prior to start of construction on first ship of a shipbuilding program
“(a) In General.—The Secretary of the Navy may not approve the start of construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary—
“(1) submits a report to the congressional defense committees on the results of any production readiness review;
“(2) certifies to the congressional defense committees that the findings of any such review support commencement of construction; and
“(3) certifies to the congressional defense committees that the basic and functional design of the vessel is complete.
“(b) Report.—The report required by subsection (a)(1) shall include, at a minimum, an assessment of each of the following:
“(1) The maturity of the ship’s design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings.
“(2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems.
“(3) The readiness of the shipyard facilities and workforce to begin construction.
“(4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate.
“(5) The Navy’s estimated delivery date and description of any variance to the contract delivery date.
“(6) The extent to which adequate processes and metrics are in place to measure and manage program risks.
“(c) Definitions.—For the purposes of subsection (a):
“(1) Basic and functional design.—The term ‘basic and functional design’, when used with respect to a vessel, means design through computer aided models, that—
“(A) fixes the major hull structure of the vessel;
“(B) sets the hydrodynamics of the vessel; and
“(C) routes major portions of all distributive systems of the vessel, including electricity, water, and other utilities.
“(2) First ship.—The term ‘first ship’ applies to a ship if—
“(A) the ship is the first ship to be constructed under that shipbuilding program; or
“(B) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program.
“(3) Major shipbuilding program.—The term ‘major shipbuilding program’ means a program for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by section 231 of this title.
“(4) Production readiness review.—The term ‘production readiness review’ means a formal examination of a program prior to the start of construction to determine if the design is ready for production, production engineering problems have been resolved, and the producer has accomplished adequate planning for the production phase.
“(5) Start of construction.—The term ‘start of construction’ means the beginning of fabrication of the hull and superstructure of the ship.”
“8669c. Assessments required prior to start of construction on first ship of a shipbuilding program.”.
Ҥ 8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life
“(a) Limitation.—The Secretary of the Navy may not decommission or inactivate a battle force ship before the end of the expected service life of the ship.
“(b) Waiver.—The Secretary of the Navy may waive the limitation under subsection (a) with respect to a battle force ship if—
“(1) the Secretary submits to the congressional defense committees the certification described in subsection (c) with respect to such ship; and
“(2) a period of 30 days has elapsed following the date on which such certification was submitted.
“(c) Certification Described.—A certification described in this subsection is a certification that—
“(1)
(A) maintaining the battle force ship in a reduced operating status is not feasible;
“(B) maintaining the ship with reduced capability is not feasible;
“(C) maintaining the ship as a Navy Reserve unit is not feasible;
“(D) transferring the ship to the Coast Guard is not feasible; and
“(E) maintaining the ship is not required to support the most recent national defense strategy required by section 113(g) of this title; and
“(2) includes an explanation of—
“(A) the options assessed and the rationale for the determinations under subparagraphs (A) through (D) of paragraph (1); and
“(B) the rationale for the determination under subparagraph (E) of such paragraph.
“(d) Form.—A certification submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
“(e) Definitions.—In this section:
“(1) The term ‘battle force ship’ means the following:
“(A) A commissioned United States Ship warship capable of contributing to combat operations.
“(B) A United States Naval Ship that contributes directly to Navy warfighting or support missions.
“(2) The term ‘expected service life’ means the number of years a naval vessel is expected to be in service.”
“8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life.”.
“(7) An analysis of the potential benefits of multi-year procurement contracting for the stability of the shipbuilding defense industrial base.”
; and
“(b) Solicitation and Analysis of Information.—In order to carry out subsection (a)(2), the Secretary of the Navy and Secretary of Labor shall—
“(1) solicit information regarding the age demographics and occupational experience level from the private shipyards of the shipbuilding defense industrial base; and
“(2) analyze such information for findings relevant to carrying out subsection (a)(2), including findings related to the current and projected defense shipbuilding workforce, current and projected labor needs, and the readiness of the current and projected workforce to supply the proficiencies analyzed in subsection (a)(1).”
Ҥ 8694. Annual report on ship maintenance
“(a) Report Required.—Not later than October 15 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth each of the following:
“(1) A description of all ship maintenance planned for the fiscal year during which the report is submitted, by hull.
“(2) The estimated cost of the maintenance described pursuant to paragraph (1).
“(3) A summary of all ship maintenance conducted by the Secretary during the previous fiscal year.
“(4) A detailed description of any ship maintenance that was deferred during the previous fiscal year, including specific reasons for the delay or cancellation of any availability.
“(5) A detailed description of the effect of each of the planned ship maintenance actions that were delayed or cancelled during the previous fiscal year, including—
“(A) a summary of the effects on the costs and schedule for each delay or cancellation; and
“(B) the accrued operational and fiscal cost of all the deferments over the fiscal year.
“(b) Form of Report.—Each report submitted under subsection (a) shall be submitted in unclassified form and made publicly available on an appropriate internet website in a searchable format, but may contain a classified annex.”
“8694. Annual report on ship maintenance.”.
“SEC. 8695. NAVY BATTLE FORCE SHIP ASSESSMENT AND REQUIREMENT REPORTING.
“(a) In General.—Not later than 180 days after the date on which a covered event occurs, the Chief of Naval Operations shall submit to the congressional defense committees a battle force ship assessment and requirement.
“(b) Assessment.—Each assessment required by subsection (a) shall include the following:
“(1) A review of the strategic guidance of the Federal Government, the Department of Defense, and the Navy for identifying priorities, missions, objectives, and principles, in effect as of the date on which the assessment is submitted, that the force structure of the Navy must follow.
“(2) An identification of the steady-state demand for maritime security and security force assistance activities.
“(3) An identification of the force options that can satisfy the steady-state demands for activities required by theater campaign plans of combatant commanders.
“(4) A force optimization analysis that produces a day-to-day global posture required to accomplish peacetime and steady-state tasks assigned by combatant commanders.
“(5) A modeling of the ability of the force to fight and win scenarios approved by the Department of Defense.
“(6) A calculation of the number and global posture of each force element required to meet steady-state presence demands and warfighting response timelines.
“(c) Requirement.—
(1) Each requirement required by subsection (a) shall—
“(A) be based on the assessment required by subsection (b); and
“(B) identify, for each of the fiscal years that are five, 10, 15, 20, 25, and 30 years from the date of the covered event—
“(i) the total number of battle force ships required;
“(ii) the number of battle force ships required in each of the categories described in paragraph (2);
“(iii) the classes of battle force ships included in each of the categories described in paragraph (2); and
“(iv) the number of battle force ships required in each class.
“(2) The categories described in this paragraph are the following:
“(A) Aircraft carriers.
“(B) Large surface combatants.
“(C) Small surface combatants.
“(D) Amphibious warfare ships.
“(E) Attack submarines.
“(F) Ballistic missile submarines.
“(G) Combat logistics force.
“(H) Expeditionary fast transport.
“(I) Expeditionary support base.
“(J) Command and support.
“(K) Other.
“(d) Definitions.—In this section:
“(1) The term ‘battle force ship’ means the following:
“(A) A commissioned United States Ship warship capable of contributing to combat operations.
“(B) A United States Naval Ship that contributes directly to Navy warfighting or support missions.
“(2) The term ‘covered event’ means a significant change to any of the following:
“(A) Strategic guidance that results in changes to theater campaign plans or warfighting scenarios.
“(B) Strategic laydown of vessels or aircraft that affects sustainable peacetime presence or warfighting response timelines.
“(C) Operating concepts, including employment cycles, crewing constructs, or operational tempo limits, that affect peacetime presence or warfighting response timelines.
“(D) Assigned missions that affect the type or quantity of force elements.”
“8695. Navy battle force ship assessment and requirement reporting.”.
“(g) Congressional Oversight.—
(1) Neither the Secretary of Defense nor the Director of National Intelligence may take any action that would have the effect of limiting the access of the congressional defense committees to—
“(A) any classified program, or any information about any classified program, to which such committees have access as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022; or
“(B) any classified program established, or any information about any classified program that becomes available, after the date of the enactment of such Act that is within the jurisdiction of such committees.
“(2) In this subsection, the term ‘classified program’ includes any special access program, alternative compensatory control measure, or any other controlled access program.”
“(3) an operation conducted by the armed forces to free an individual from the control of hostile foreign forces.”
“(D) The Coast Guard Mutual Assistance.”
Ҥ 7102. Congressional notification of significant Army force structure changes
“(a) Notification Required.—Except as provided in subsection (c), the Secretary of the Army shall submit to the congressional defense committees written notification of any decision to make a significant change to Army force structure prior to implementing or announcing such change.
“(b) Contents.—A notification required under subsection (a) shall include each of the following:
“(1) The justification for the planned change.
“(2) A description of the details of the planned change and timing for implementation.
“(3) A description of the operational implications of the planned change.
“(4) The estimated costs of such change.
“(c) Exception.—The notification requirement under subsection (a) shall not apply if the Secretary of Defense certifies to the congressional defense committees in advance that the planned Army force structure change must be implemented immediately for reasons of military urgency.
“(d) Definition of Significant Change to Army Force Structure.—In this section, the term ‘significant change to Army force structure’ means—
“(1) a change in the number, type, or component of brigade-level organizations or higher-echelon headquarters;
“(2) a change in the number or component of theater-level capabilities, such as a multi-domain task force, Terminal High Altitude Area Defense, long range fires unit, or headquarters; or
“(3) a permanent or temporary activation or inactivation of an experimental unit or brigade-size or higher task force.”
“7102. Congressional notification of significant Army force structure changes.”.
“1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus”.
“118b. Quadrennial quality of life review.”.
“(15) Support services for Gold Star families.”
“(c) Semi-annual Summaries.—Not later than January 1 and July 1 of each year, the Secretary of Defense shall make publicly available on an appropriate internet website a summary of all reports submitted to Congress by the Department of Defense for the preceding six-month period that are required to be submitted by statute. Each such summary shall include, for each report covered by the summary, the title of report, the date of delivery, and the section of law under which such report is required.”
“(E) The submission of the report required under section 14 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–5).
“(F) The submission of the report required under section 2504 of title 10, United States Code.”
“(g) Updated Review and Enhancement of Authorities.—
(1) Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director shall—
“(A) conduct a second review under subsection (a) and make a second determination under subsection (b); and
“(B) submit to Congress a report that includes—
“(i) the results of the second review and second determination required by subparagraph (A); and
“(ii) a description, based on such second determination, of any new modifications proposed to be made to existing authorities under subsection (c) or (d), including whether there is a need for legislative changes to further improve the procedures for using Department of Defense assets to fight wildfires.
“(2) Pursuant to the second determination under subsection (b) required by paragraph (1)(A), the Director shall develop and implement such modifications, regulations, policies, and interagency procedures as the Director determines appropriate pursuant to subsections (c) and (d). Any such modification, regulation, policy, or interagency procedure shall not take effect until the end of the 30-day period beginning on the date on which the report is submitted to Congress under paragraph (1)(B).”
“118. Materiel readiness metrics and objectives for major weapon systems.”.
“1065. Use of commissary stores and MWR facilities: certain veterans, caregivers for veterans, and Foreign Service officers.”.
“8749. Civil service mariners of Military Sealift Command: release of drug and alcohol test results to Coast Guard.”; and
“8749a. Civil service mariners of Military Sealift Command: alcohol testing.”.
“§ 9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals”
“§ 9402. Enlisted members of Air Force or Space Force: schools”
“(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’.”
“(F) The Ted Stevens Center for Arctic Security Studies, established in 2021 and located in Anchorage, Alaska.”
“(F) The Ted Stevens Center for Arctic Security Studies.”
“(10) The term ‘Secretary’ means the Secretary of Defense.”
“(e) Annual Report.—Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that—
“(1) identifies each contract for airlift services awarded in the preceding fiscal year to a provider that does not meet the requirements set forth in subparagraphs (A) and (B) of subsection (a)(1); and
“(2) for each such contract—
“(A) specifies the dollar value of the award; and
“(B) provides a detailed explanation of the reasons for the award.”
“9512. Civil Reserve Air Fleet contracts: payment rate.
“9513. Contracts for the inclusion or incorporation of defense features.”.
“2640. Charter air transportation of members of the armed forces or cargo.”.
Ҥ 146. National Atomic Veterans Day
“The President shall issue each year a proclamation calling on the people of the United States to—
“(1) observe Atomic Veterans Day with appropriate ceremonies and activities; and
“(2) remember and honor the atomic veterans of the United States whose brave service and sacrifice played an important role in the defense of the Nation.”
“146. National Atomic Veterans Day.”.
“(f) Non-Conventional Assisted Recovery Capabilities.—Funding used to establish, develop, and maintain non-conventional assisted recovery capabilities under this section may only be obligated and expended with the concurrence of the relevant Chief of Mission or Chiefs of Mission.”
“(B) efforts to reflect, across the civilian workforce of the Department and of each armed force, the diversity of the population of the United States; and”
; and
“(7) The number of civilian employees of the Department, disaggregated by military department, gender, race, and ethnicity—
“(A) in each grade of the General Schedule;
“(B) in each grade of the Senior Executive Service;
“(C) paid at levels above grade GS-15 of the General Schedule but who are not members of the Senior Executive Service;
“(D) paid under the Federal Wage System, and
“(E) paid under alternative pay systems.”
“(A)
(i) at any defense industrial base facility (as that term is defined in section 2208(u)(3) of title 10, United States Code) that is part of the core logistics capabilities (as described in section 2464(a) of such title); or
“(ii) at any Major Range and Test Facility Base (as that term is defined in section 196(i) of such title); and”
“(8) The Defense Institute of International Legal Studies.”
“(A) in the case of employees appointed pursuant to paragraph (1)(B)—
“(i) to any of 5 positions designated by the Director of the Defense Advanced Research Projects Agency for purposes of this clause, at rates not in excess of a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at Level I of the Executive Schedule under section 5312 of title 5; and
“(ii) to any other position designated by the Director for purposes of this clause, at rates not in excess of the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3;”
; and
“(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.”
“(h)
(1)
(A) Notwithstanding any other provision of this section or section 5545b, any hours worked by a firefighter under a qualified trade-of-time arrangement shall be disregarded for purposes of any determination relating to eligibility for, or the amount of, any overtime pay under this section, including overtime pay under the Fair Labor Standards Act in accordance with subsection (c).
“(B) The Director of the Office of Personnel Management—
“(i) shall identify the situations in which a firefighter shall be deemed to have worked hours actually worked by a substituting firefighter under a qualified trade-of-time arrangement; and
“(ii) may adopt necessary policies governing the treatment of both a substituting and substituted firefighter under a qualified trade-of-time arrangement, without regard to how those firefighters would otherwise be treated under other provisions of law or regulation.
“(2) In this subsection—
“(A) the term ‘firefighter’ means an employee—
“(i) the work schedule of whom includes 24-hour duty shifts; and
“(ii) who—
“(I) is a firefighter, as defined in section 8331(21) or 8401(14);
“(II) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would so qualify if such employee had transferred directly to such position after serving as a firefighter within the meaning of such section;
“(III) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would so qualify if such employee had transferred directly to such position after performing duties described in section 8401(14)(A) and (B) for at least 3 years; and
“(IV) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subclause (I), (II), or (III) if the employee were subject to subchapter III of chapter 83 or chapter 84; and
“(B) the term ‘qualified trade-of-time arrangement’ means an arrangement under which 2 firefighters who are subject to the supervision of the same fire chief agree, solely at their option and with the approval of the employing agency, to substitute for one another during scheduled work hours in the performance of work in the same capacity.”
Ҥ 6329d. Parental bereavement leave
“(a) Definitions.—In this section—
“(1) the terms ‘employee’ and ‘son or daughter’ have the meanings given those terms in section 6381; and
“(2) the term ‘paid leave’ means, with respect to an employee, leave without loss of or reduction in—
“(A) pay;
“(B) leave to which the employee is otherwise entitled under law; or
“(C) credit for time or service.
“(b) Bereavement Leave.—
“(1) In general.—Subject to paragraphs (2) and (3), an employee shall be entitled to a total of 2 administrative workweeks of paid leave during any 12-month period because of the death of a son or daughter of the employee.
“(2) Limitation.—Leave under paragraph (1) may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise.
“(3) Notice.—In any case in which the necessity for leave under this subsection is foreseeable, the employee shall provide the employing agency with such notice as is reasonable and practicable.”
“6329d. Parental bereavement leave.”.
“(f) Data Collection Requirement.—The Secretary of Defense shall develop and implement a plan to collect and analyze data on the pilot program for the purposes of—
“(1) developing and sharing best practices; and
“(2) providing information to the leadership of the Department and Congress on the implementation of the pilot program and related policy issues.
“(g) Briefing.—Not later than 90 days after the end of each of fiscal years 2022 through 2026, the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate including—
“(1) a description of the effect of this section on the management of civilian personnel at domestic defense industrial base facilities and Major Range and Test Facilities Base during the most recently ended fiscal year; and
“(2) the number of employees—
“(A) hired under such section during such fiscal year; and
“(B) expected to be hired under such section during the fiscal year in which the briefing is provided.”
Ҥ 334. Administrative support and payment of certain expenses for covered foreign defense personnel
“(a) In General.—The Secretary of Defense may—
“(1) provide administrative services and support to the United Nations Command for the performance of duties by covered foreign defense personnel during the period in which the covered foreign defense personnel are assigned to the United Nations Command or the Neutral Nations Supervisory Commission in accordance with the Korean War Armistice Agreement of 1953; and
“(2) pay the expenses specified in subsection (b) for covered foreign defense personnel who are—
“(A) from a developing country; and
“(B) assigned to the headquarters of the United Nations Command.
“(b) Types of Expenses.—The types of expenses that may be paid under the authority of subsection (a)(2) are the following:
“(1) Travel and subsistence expenses directly related to the duties of covered foreign defense personnel described in subsection (a)(2) in connection with the assignment of such covered foreign defense personnel.
“(2) Personal expenses directly related to carrying out such duties.
“(3) Expenses for medical care at a military medical facility.
“(4) Expenses for medical care at a civilian medical facility, if—
“(A) adequate medical care is not available to such covered foreign defense personnel at a local military medical treatment facility;
“(B) the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States; and
“(C) medical care is not otherwise available to such covered foreign defense personnel pursuant to a treaty or any other international agreement.
“(5) Mission-related travel expenses, if—
“(A) such travel is in direct support of the national interests of the United States; and
“(B) the Commander of the United Nations Command directs round-trip travel from the headquarters of the United Nations Command to one or more locations.
“(c) Reimbursement.—The Secretary may provide the administrative services and support and pay the expenses authorized by subsection (a) with or without reimbursement.
“(d) Definitions.—In this section:
“(1) The term ‘administrative services and support’ means base or installation support services, facilities use, base operations support, office space, office supplies, utilities, copying services, computer support, communication services, fire and police protection, postal services, bank services, transportation services, housing and temporary billeting (including ancillary services), specialized clothing required to perform assigned duties, temporary loan of special equipment, storage services, training services, and repair and maintenance services.
“(2) The term ‘covered foreign defense personnel’ means members of the military of a foreign country who are assigned to—
“(A) the United Nations Command; or
“(B) the Neutral Nations Supervisory Commission.
“(3) The term ‘developing country’ has the meaning given the term in section 301(4) of this title.
“(4) The term ‘Neutral Nations Supervisory Commission’ means the delegations from Sweden and Switzerland (or successor delegations) appointed in accordance with the Korean War Armistice Agreement of 1953 or its subsequent agreements.
“(5) The term ‘United Nations Command’ means the headquarters of the United Nations Command, the United Nations Command Military Armistice Commission, the United Nations Command-Rear, and the United Nations Command Honor Guard.”
“334. Administrative support and payment of certain expenses for covered foreign defense personnel.”.
“(b)
(1) If its head approves, a department or organization within the Department of Defense may, upon request, perform work and services for, or furnish supplies to, any other of those departments or organizations, with or without reimbursement or transfer of funds.
“(2) Use of the authority under this section for reimbursable support is limited to support for the purpose of providing assistance to a foreign partner pursuant to section 333 and section 345 of this title.”
; and
“(e)
(1) An order placed by a department or organization on a reimbursable basis pursuant to subsection (b) shall be considered to be an obligation in the same manner as an order placed under section 6307 of title 41.
“(2) Amounts received as reimbursement shall be credited in accordance with section 2205 of this title to the appropriation of the supporting department or organization used in incurring the obligation in the year or years that support is provided.”
“(E) An evaluation of coordination by the Department of Defense with foreign countries under the program or programs, as applicable.
“(F) A description and evaluation of the methodology used by the Department of Defense to evaluate the effectiveness of training under the program or programs.
“(G) An analysis of the methodology used by the Department of Defense to evaluate the effectiveness of the program or programs to develop the institutional capacity of the foreign countries.”
“(A) not later than 15 days before the expenditure of each 25 percent of the total amount authorized to be appropriated in any fiscal year under this section; or”
“(3) Waiver authority.—
“(A) In general.—The President may waive the limitation under paragraph (1)(A) on a per project basis for the purposes of providing support authorized under subsection (a)(4) if the President—
“(i) determines that the waiver is in the national security interest of the United States; and
“(ii) submits to the appropriate congressional committees a notification of the exercise of the waiver.
“(B) Notice and wait.—
“(i) In general.—A project with respect to which the exercise of a waiver under subparagraph (A) applies may only be carried out after the end of a 15-day period beginning at the date on which the appropriate congressional committees receive the notification required by subparagraph (A)(ii).
“(ii) Matters to be included.—The notification required by subparagraph (A)(ii) shall include the following:
“(I) A detailed plan and cost estimate for the project.
“(II) A certification by the President that facilities and activities relating to the project comply with—
“(aa) the law of armed conflict;
“(bb) internationally recognized human rights;
“(cc) the principle of non-refoulement;
“(dd) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and
“(ee) the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST6223)).
“(III) An explanation of the national security interest addressed by the project.
“(iii) Appropriate congressional committees defined.—In this subparagraph, the term ‘appropriate congressional committees’ means—
“(I) the congressional defense committees; and
“(II) the Committee on Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
“(C) Update to plan and cost estimate.—Upon obligation of any funds to carry out a project with respect to which the exercise of a waiver under subparagraph (A) applies, the Secretary of Defense shall submit to the congressional defense committees an update to the plan and cost estimate for the project as required by subparagraph (B)(ii)(I).
“(D) Sunset.—The waiver authority under this paragraph shall expire on December 31, 2022.”
“Sec. 1209. Authority to provide assistance to vetted Syrian groups and individuals.”.
“(vi) Whether the Shia militias are gaining new malign capabilities or improving such capabilities, and whether the Government of Iraq is acting to counter or suppress those capabilities.
“(vii) Whether the Government of Iraq is acting to ensure the safety of United States Government personnel and citizens, as well as the safety of United States facilities.
“(viii) Whether the Government of Iraq is ensuring the safe and voluntary return of ethno-religious minority populations to their home communities in the Nineveh Plains region of Iraq.
“(ix) Whether the Government of Iraq has provided support and funding to institutionalize and make permanent local, representative, and regionally-based security forces.
“(x) An assessment of the impact of the Iraq and Syria Genocide Relief and Accountability Act of 2018 (Public Law 115–300) on return rates of vulnerable, indigenous, ethno-religious groups, including Assyrians and Yazidis, in those areas of the Nineveh Plains region of Iraq in which assistance has been provided pursuant to subsection (a).”
“(o) Waiver Authority.—
“(1) In general.—The President may waive the dollar amount limitation in subsection (a) with respect to a construction, repair, or renovation project for the purposes of providing the support described in paragraph (2) if the President—
“(A) determines that the waiver is in the national security interest of the United States; and
“(B) submits to the appropriate congressional committees a notification of the exercise of the waiver.
“(2) Support described.—The support described in this paragraph is support relating to temporary humane detention of Islamic State of Iraq and Syria foreign terrorist fighters in accordance with all laws and obligations relating to the provision of such support, including, as applicable—
“(A) the law of armed conflict;
“(B) internationally recognized human rights;
“(C) the principle of non-refoulement;
“(D) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and
“(E) the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST6223)).
“(3) Notice and wait.—
“(A) In general.—A project with respect to which the exercise of a waiver under paragraph (1) applies may only be carried out after the end of a 15-day period beginning at the date on which the appropriate congressional committees receive the notification required by paragraph (1)(B).
“(B) Matters to be included.—The notification required by paragraph (1)(B) shall include the following:
“(i) A detailed plan and cost estimate for the project.
“(ii) A certification by the President that facilities and activities relating to the project comply with the laws and obligations described in paragraph (2).
“(iii) An explanation of the national security interest addressed by the project.
“(C) Appropriate congressional committees defined.—In this paragraph, the term ‘appropriate congressional committees’ means—
“(i) the congressional defense committees; and
“(ii) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
“(4) Update to plan and cost estimate.—Upon obligation of any funds to carry out a project with respect to which the exercise of a waiver under paragraph (1) applies, the Secretary of Defense shall submit to the congressional defense committees an update to the plan and cost estimate for the project as required by paragraph (3)(B)(i).
“(5) Sunset.—The waiver authority under this subsection shall expire on December 31, 2022.”
“(h) Limitation on Availability of Funds.—Of the amount authorized to be appropriated by this Act for fiscal year 2022 to carry out this section, not more than $10,000,000 may be obligated or expended for the Office of Security Cooperation in Iraq until the date on which the Secretary of Defense provides to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report that—
“(1) details further steps to reorganize the Office in a manner similar to that of other security cooperation offices in the region and indicates whether such reorganization will be achieved by 2023;
“(2) describes progress made toward the continuation of bilateral engagement with the Government of Iraq, with the objective of establishing a joint mechanism for security assistance planning;
“(3) includes a five-year security assistance roadmap for developing sustainable military capacity and capabilities and enabling defense institution building and reform; and
“(4) describes progress made toward, and a timeline for, the transition of the preponderance of funding for the activities of the Office from current sources to the Foreign Military Financing Administrative Fund and the Foreign Military Sales Trust Fund Administrative Surcharge Account in future years.”
“(7) For fiscal year 2022, $300,000,000.”
“(b) Recipient Countries.—The foreign countries that may be provided assistance and training under subsection (a) are the countries located within the area of responsibility of the United States Indo-Pacific Command.”
“(d) Priorities for Assistance and Training.—In developing programs for assistance or training to be provided under subsection (a), the Secretary of Defense shall prioritize assistance, training, or both, to enhance—
“(1) multilateral cooperation and coordination among recipient countries; or
“(2) the capabilities of a recipient country to more effectively participate in a regional organization of which the recipient country is a member.”
“(e) Incremental Expenses of Personnel of Recipient Countries for Training.—If the Secretary of Defense determines that the payment of incremental expenses (as defined in section 301 of title 10, United States Code) in connection with training described in subsection (a)(1)(B) will facilitate the participation in such training of organization personnel of recipient countries described in subsection (b), the Secretary may use amounts available under subsection (f) for assistance and training under subsection (a) for the payment of such incremental expenses.”
“(f) Availability of Funds.—Of the amounts authorized to be appropriated for each of fiscal years 2022 through 2027 for the Department of Defense, Operation and Maintenance, Defense-wide, $50,000,000 may be made available for the provision of assistance and training under subsection (a).”
“(g) Limitations.—
“(1) Assistance otherwise prohibited by law.—The Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in subsection (c) that is otherwise prohibited by any provision of law.
“(2) Prohibition on assistance to units that have committed gross violations of human rights.—The provision of assistance pursuant to a program under subsection (a) shall be subject to the provisions of section 362 of title 10, United States Code.
“(3) Security cooperation.—Assistance, training, and exercises with recipient countries described in subsection (b) shall be planned and prioritized consistent with applicable guidance relating to the security cooperation program and activities of the Department of Defense.
“(4) Assessment, monitoring, and evaluation.—The provision of assistance and training pursuant to a program under subsection (a) shall be subject to the provisions of section 383 of title 10, United States Code.”
“(B) A detailed justification of the program for the provision of the assistance or training concerned, its relationship to United States security interests, and an explanation of the manner in which such assistance or training will increase multilateral maritime security cooperation or maritime domain awareness.”
; and
“(A) The overall strategy for improving multilateral maritime security cooperation and maritime domain awareness across the theater, including an identification of the following:
“(i) Priority countries and associated capabilities across the theater.
“(ii) Strategic objectives for the Indo-Pacific Maritime Security Initiative across the theater, lines of effort, and desired end results for such lines of effort.
“(iii) Significant challenges to improving multilateral maritime security cooperation and maritime domain awareness across the theater and the manner in which the United States Indo-Pacific Command is seeking to address such challenges.”
; and
“(iii) how such capabilities can be leveraged to improve multilateral maritime security cooperation and maritime domain awareness.”
; and
“(c) Funding.—Of the amounts authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2022 for the Department of Defense for fiscal year 2022, there is authorized to be appropriated for the Pacific Deterrence Initiative such sums as may be necessary, as indicated in sections 4101, 4201, 4301, and 4601 of such Act.”
“(d) Report on Resourcing United States Defense Requirements for the Indo-pacific Region and Study on Competitive Strategies.—
“(1) Report required.—
“(A) In general.—At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Commander of the United States Indo-Pacific Command shall submit to the congressional defense committees a report containing the independent assessment of the Commander with respect to the activities and resources required, for the first fiscal year beginning after the date of submission of the report and the four following fiscal years, to achieve the following objectives:
“(i) The implementation of the National Defense Strategy with respect to the Indo-Pacific region.
“(ii) The maintenance or restoration of the comparative military advantage of the United States with respect to the People’s Republic of China.
“(iii) The reduction of the risk of executing contingency plans of the Department of Defense.
“(B) Matters to be included.—The report required under subparagraph (A) shall include the following:
“(i) With respect to the achievement of the objectives described in subparagraph (A), a description of the intended force structure and posture of assigned and allocated forces in each of the following:
“(I) West of the International Date Line.
“(II) In States outside the contiguous United States east of the International Date Line.
“(III) In the contiguous United States.
“(ii) An assessment of capabilities requirements to achieve such objectives.
“(iii) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives.
“(iv) An identification of required infrastructure and military construction investments to achieve such objectives.
“(v) An assessment of security cooperation activities or resources required to achieve such objectives.
“(vi)
(I) A plan to fully resource United States force posture and capabilities, including—
“(aa) a detailed assessment of the resources necessary to address the elements described in clauses (i) through (v), including specific cost estimates for recommended investments or projects—
“(AA) to modernize and strengthen the presence of the United States Armed Forces, including those with advanced capabilities;
“(BB) to improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel;
“(CC) to carry out a program of exercises, training, experimentation, and innovation for the joint force;
“(DD) to improve infrastructure to enhance the responsiveness and resiliency of the United States Armed Forces;
“(EE) to build the defense and security capabilities, capacity, and cooperation of allies and partners; and
“(FF) to improve capabilities available to the United States Indo-Pacific Command;
“(bb) a detailed timeline to achieve the intended force structure and posture described in clause (i).
“(II) The specific cost estimates required by subclause (I)(aa) shall, to the maximum extent practicable, include the following:
“(aa) With respect to procurement accounts—
“(AA) amounts displayed by account, budget activity, line number, line item, and line item title; and
“(BB) a description of the requirements for each such amount.
“(bb) With respect to research, development, test, and evaluation accounts—
“(AA) amounts displayed by account, budget activity, line number, program element, and program element title; and
“(BB) a description of the requirements for each such amount.
“(cc) With respect to operation and maintenance accounts—
“(AA) amounts displayed by account title, budget activity title, line number, and subactivity group title; and
“(BB) a description of the specific manner in which each such amount would be used.
“(dd) With respect to military personnel accounts—
“(AA) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and
“(BB) a description of the requirements for each such amount.
“(ee) With respect to each project under military construction accounts (including unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year.
“(ff) With respect to any expenditure or proposed appropriation not described in items (aa) through (ee), a level of detail equivalent to or greater than the level of detail provided in the future-years defense program submitted pursuant to section 221(a) of title 10, United States Code.
“(C) Form.—The report required under subparagraph (A) may be submitted in classified form, but shall include an unclassified summary.
“(D) Availability.—Not later than February 1 each year, the Commander of the United States Indo-Pacific Command shall make the report available to the Secretary of Defense, the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), the Director of Cost Assessment and Program Evaluation, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the chiefs of staff of each military service.
“(2) Briefings required.—
“(A) Initial briefing.—Not later than 15 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Secretary of Defense (acting through the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation) and the Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees a joint briefing, and any written comments the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider necessary, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph.
“(B) Subsequent briefing.—Not later than 30 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Secretary of the Air Force, the Secretary of the Army, and the Secretary of the Navy shall provide to the congressional defense committees a joint briefing, and documents as appropriate, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph.”
“(e) Plan Required.—At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2023 and 2024, the Secretary, in consultation with the Commander of the United States Indo-Pacific Command, shall submit to the congressional defense committees a report on future year activities and resources for the Initiative that includes the following:
“(1) A description of the activities and resources for the first fiscal year beginning after the date of submission of the report and the plan for not fewer than the four following fiscal years, organized—
“(A) functionally, by the activities described in paragraphs (1) through (5) of subsection (b); and
“(B) geographically by—
“(i) areas west of the International Date Line;
“(ii) States outside the contiguous United States east of the International Date Line; and
“(iii) States in the contiguous United States.
“(2) A summary of progress made toward achieving the purposes of the Initiative.
“(3) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve measurable progress in reducing risk to the joint force’s ability to achieve objectives in the region.
“(4) A detailed timeline to achieve the requirements identified under paragraph (3).
“(5) A detailed explanation of any significant modifications to such requirements, as compared to plans previously submitted under this subsection.
“(6) Any other matter, as determined by the Secretary.”
; and
“SEC. 1202. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S REPUBLIC OF CHINA.
“(a) Annual Report.—Not later than January 31 of each year through January 31, 2027, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the specified congressional committees a report on military and security developments involving the People’s Republic of China.
“(b) Matters to Be Included.—Each report under this section shall include analyses and forecasts, through the next 20 years, of the following:
“(1) The goals, factors, and trends shaping Chinese security strategy and military strategy.
“(2) The role of the People’s Liberation Army in the strategy, governance systems, and foreign and economic policies of the People’s Republic of China, including the following:
“(A) Developments in the defense policy and military strategy of the People’s Republic of China, and the role and mission of the People’s Liberation Army.
“(B) The role of the People’s Liberation Army in the Chinese Communist Party, including the structure and leadership of the Central Military Commission.
“(C) The internal security role and affiliation of the People’s Liberation Army with the People’s Armed Police and other law enforcement, intelligence, and paramilitary entities of the People’s Republic of China, including any activities supporting or implementing mass surveillance, mass detentions, forced labor, or gross violations of human rights.
“(3) The role of the People’s Liberation Army in, and its support of, the overall foreign policy of the People’s Republic of China, as expressed through military diplomacy and other external actions, activities, and operations, including the following:
“(A) Chinese military-to-military relationships with other countries, including—
“(i) Chinese military attache presence, activities, exercises, and agreements with the militaries of other countries; and
“(ii) military education programs conducted—
“(I) in the People’s Republic of China for militaries of other countries; or
“(II) in other countries for personnel of the People’s Liberation Army.
“(B) Any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including—
“(i) a forecast of possible future sales and transfers;
“(ii) the implications of such sales and transfers for the security of the United States and its partners and allies; and
“(iii) any significant assistance to and from any selling state with military-related research and development programs in the People’s Republic of China.
“(C) Relations between the People’s Republic of China and the Russian Federation, and between the People’s Republic of China and Iran, with respect to security and military matters.
“(4) Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the People’s Liberation Army.
“(5) Developments and future course of the services, theater-level commands, and paramilitary organizations of the People’s Liberation Army, including—
“(A) the specific roles and missions, organization, capabilities, force structure, readiness, and modernization efforts of such services, theater-level commands, and paramilitary organizations;
“(B) A summary of the order of battle of the People’s Liberation Army, including ballistic and cruise missile inventories; and
“(C) developments relating to the Chinese Coast Guard, including its interactions with the Armed Forces of the United States, and the implications for its use as a coercive tool in maritime disputes.
“(7) Developments in the People’s Liberation Army as a global actor, such as overseas military basing, military logistics capabilities, and infrastructure to project power, and the overseas command and control structure of the People’s Liberation Army, including—
“(A) Chinese overseas investments or projects likely, or with significant potential, to be converted into military or intelligence assets of the People’s Republic of China; and
“(B) efforts by the People’s Republic of China to use the People’s Liberation Army to expand its presence and influence overseas and the implications of such efforts on United States’ national defense and security interests in—
“(i) Latin America and the Caribbean;
“(ii) Africa; and
“(iii) the Indo-Pacific region, including the Pacific Islands.
“(8) The strategy, policy, development, and modernization of key military capabilities of the People’s Republic of China across the People’s Liberation Army, including the following:
“(A) The cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from the People’s Republic of China against Department of Defense infrastructure) and associated activities originating or suspected to have originated from the People’s Republic of China.
“(B) The space and counter-space programs and capabilities.
“(C) The nuclear program and capabilities, including—
“(i) its nuclear strategy and associated doctrines;
“(ii) the size and state of its stockpile and projections of its future arsenals;
“(iii) its civil and military production capacities; and
“(iv) the modernization and force structure of its strategic forces.
“(D) The anti-access and area denial capabilities .
“(E) The command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons.
“(9) Trends and developments in the budget, resources, strategies, and policies of the People’s Liberation Army with respect to science and technology, defense industry reform, and the use of espionage and technology transfers by the People’s Republic of China, including—
“(A) the relationship between Chinese overseas investment (including the Belt and Road Initiative, the Digital Silk Road, and any state- owned or state-controlled digital or physical infrastructure projects of the People’s Republic of China) and Chinese security and military strategy objectives, including—
“(i) any Chinese investment or project, located in any other country, that is linked to military or intelligence cooperation with such country, such as cooperation on satellite navigation or arms production; and
“(ii) the implications for United States military or governmental interests related to denial of access, compromised intelligence activities, and network advantages of Chinese investments or projects in other countries, including in port or port-related infrastructure; and
“(B) efforts (including by espionage and technology transfers through investment, industrial espionage, cyber theft, academia, forced technological transfers, and other means) to develop, acquire, or gain access to information, communication, space, and other advanced technologies that would enhance defense capabilities or otherwise undermine the capability of the Department of Defense to conduct information assurance, including an assessment of the damage inflicted on the Department of Defense by such efforts.
“(10) The strategy of the People’s Republic of China regarding Taiwan and the security situation in the Taiwan Strait, including—
“(A) the posture of the forces of the People’s Liberation Army facing Taiwan; and
“(B) any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.).
“(11) The maritime strategy and military and nonmilitary activities in the South China Sea and East China Sea of the People’s Republic of China, including—
“(A) the role and activities of the People’s Liberation Army and maritime law enforcement, the People’s Armed Forces Maritime Militia or other subset national militias, and paramilitary entities of the People’s Republic of China; and
“(B) any such activities in the South China Sea or East China Sea affecting United States military activities or the military activities of a United States ally or partner.
“(12) The current state of United States military-to-military contacts with the People’s Liberation Army, including the following:
“(A) A comprehensive and coordinated strategy for such military-to-military contacts and any necessary update to the strategy.
“(B) A summary of all such military-to-military contacts during the preceding fiscal year including a summary of topics discussed.
“(C) A description of such military-to-military contacts scheduled for the 1-year period following the period covered by the report and the plan for future contacts.
“(D) The Secretary’s assessment of the benefits the Chinese expect to gain from such military-to-military contacts.
“(E) The Secretary’s assessment of the benefits the Department of Defense expects to gain from such military-to-military contacts, and any concerns regarding such contacts.
“(F) The Secretary’s assessment of how such military-to-military contacts fit into the larger security relationship between the United States and the People’s Republic of China.
“(G) The Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a).
“(13) Any influence operations or campaigns by the People’s Republic of China targeting military alliances and partnerships of which the United States is a member, including—
“(A) United States military alliances and partnerships targeted or that may be targeted;
“(B) the objectives of such operations;
“(C) the tactics, techniques, and procedures used; and
“(D) the impact of such operations on military alliances and partnerships of which the United States is a member.
“(14) Any other significant military or security development involving the People’s Republic of China the Secretary considers relevant to United States national security.
“(c) Form.—Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
“(d) Specified Congressional Committees Defined.—In this section, the term ‘specified congressional committees’ means—
“(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
“(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.”
“(c) Contributions by Participants.—
“(1) In general.—An agreement under subsection (a) shall provide that—
“(A) the United States, as the host country for the Program, shall provide office facilities and related office equipment and supplies for the Program; and
“(B) each participating country shall contribute its equitable share of the remaining costs for the Program, including—
“(i) the agreed upon share of administrative costs related to the Program, except the costs for facilities and equipment and supplies described in subparagraph (A); and
“(ii) any amount allocated against the country for monetary claims as a result of participation in the Program, in accordance with the agreement.
“(2) Equitable contributions.—The contributions, as allocated under paragraph (1) and set forth in an agreement under subsection (a), shall be considered equitable for purposes of this subsection and section 27(c) of the Arms Export Control Act (22 U.S.C. 2767(c)).
“(3) Authorized contribution.—An agreement under subsection (a) shall provide that each participating country may provide its contribution in funds, in personal property, in services required for the Program, or any combination thereof.
“(4) Funding for united states contribution.—Any monetary contribution by the United States to the Program that is provided in funds shall be made from funds available to the Department of Defense for operation and maintenance.
“(5) Contributions and reimbursements from other participating countries.—
“(A) In general.—The Secretary of Defense may accept from any other participating country a contribution or reimbursement of funds, personal property, or services made by the participating country in furtherance of the Program.
“(B) Credit to appropriations.—Any contribution or reimbursement of funds received by the United States from any other participating country to meet that country’s share of the costs of the Program shall be credited to the appropriations available to the appropriate military department, as determined by the Secretary of Defense.
“(C) Treatment of personal property.—Any contribution or reimbursement of personal property received under this paragraph may be—
“(i) retained and used by the Program in the form in which it was contributed;
“(ii) sold or otherwise disposed of in accordance with such terms, conditions, and procedures as the members of the Program consider appropriate, and any resulting proceeds shall be credited to appropriations of the appropriate military department, as described in subparagraph (B); or
“(iii) converted into a form usable by the Program.
“(D) Use of credited funds.—
“(i) In general.—Amounts credited under subparagraph (B) or (C)(ii) shall be—
“(I) merged with amounts in the appropriation concerned;
“(II) subject to the same conditions and limitations as amounts in such appropriation; and
“(III) available for payment of Program expenses described in clause (ii).
“(ii) Program expenses described.—The Program expenses described in this clause include—
“(I) payments to contractors and other suppliers, including the Department of Defense and participating countries acting as suppliers, for necessary goods and services of the Program;
“(II) payments for any damages or costs resulting from the performance or cancellation of any contract or other obligation in support of the Program;
“(III) payments or reimbursements for other Program expenses; or
“(IV) refunds to other participating countries.”
; and
“(1) the prospective foreign civilian recipient is not otherwise ineligible for payment under any other provision of law;”
“(3) The status of Department of Defense efforts to establish the requests procedures required under subsection (d)(1) and to otherwise implement this section.”
“(d) Procedures to Review Allegations.—
“(1) Procedures required.—Not later than 180 days after the date of enactment of this subsection, the Secretary of Defense shall establish procedures to receive, evaluate, and respond to allegations of civilian harm resulting from military operations involving the United States Armed Forces, a coalition that includes the United States, or a military organization supporting the United States. Such responses may include—
“(A) a formal acknowledgement of such harm;
“(B) a nonmonetary expression of condolence; or
“(C) an ex gratia payment.
“(2) Consultation.—In establishing the procedures under paragraph (1), the Secretary of Defense shall consult with the Secretary of State and with nongovernmental organizations that focus on addressing civilian harm in conflict.
“(3) Policy updates.—Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall ensure that procedures established under paragraph (1) are formalized through updates to the policy referred to in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 134 note).”
“(1) In general.—Amounts authorized to be provided pursuant to this section shall be available only for support for stabilization activities—
“(A)
(i) in a country specified in paragraph (2); and
“(ii) that the Secretary of Defense, with the concurrence of the Secretary of State, has determined are in the national security interest of the United States; or
“(B) in a country that—
“(i)
(I) has been selected as a priority country under section 505 of the Global Fragility Act of 2019 (22 U.S.C. 9804); or
“(II) is located in a region that has been selected as a priority region under section 505 of such Act; and
“(ii) has Department of Defense resource or personnel presence to support such activities.”
“(f) Pilot Program.—
“(1) Establishment.—The Secretary of Defense, in consultation with the Secretary of State, shall establish and carry out a pilot program for the purpose of conducting partner country assessments described in subsection (b)(2).
“(2) Contract authority.—The Secretary of Defense, in consultation with the Secretary of State, shall seek to enter into one or more contracts with a nonprofit organization or a federally funded research and development center independent of the Department for the purpose of conducting such partner country assessments.
“(3) Selection of countries.—
“(A) In general.—The Secretary of Defense, in consultation with the commanders of the combatant commands and relevant United States ambassadors, shall select one partner country within the area of responsibility of each geographic combatant command for participation in the pilot program.
“(B) Considerations.—In making the selection under subparagraph (A), the Secretary of Defense shall consider—
“(i) the demonstrated political commitment of the partner country to increasing the participation of women in the security sector; and
“(ii) the national security priorities and theater campaign strategies of the United States.
“(4) Partner country assessments.—Partner country assessments conducted under the pilot program shall be—
“(A) adapted to the local context of the partner country being assessed;
“(B) conducted in collaboration with the security sector of the partner country being assessed; and
“(C) based on tested methodologies.
“(5) Review and assessment.—With respect to each partner country assessment conducted under the pilot program, the Secretary of Defense, in consultation with the Secretary of State, shall—
“(A) review the methods of research and analysis used by any entity contracted with under paragraph (2) in conducting the assessment and identify lessons learned from such review; and
“(B) assess the ability of the Department to conduct future partner country assessments without entering into such a contract, including by assessing potential costs and benefits for the Department that may arise in conducting such future assessments.
“(6) Findings.—
“(A) In general.—The Secretary of Defense, in consultation with the Secretary of State, shall use findings from each partner country assessment to inform effective security cooperation activities and security sector assistance interventions by the United States in the partner country assessed, which shall be designed to substantially increase opportunities for the recruitment, employment, development, retention, deployment, and promotion of women in the national security forces of such partner country (including for deployments to peace operations and for participation in counterterrorism operations and activities).
“(B) Model methodology.—The Secretary of Defense, in consultation with the Secretary of State, shall develop, based on the findings of the pilot program, a model barrier assessment methodology for use across the geographic combatant commands.
“(7) Reports.—
“(A) In general.—Not later than 2 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress an initial report on the implementation of the pilot program under this subsection that includes an identification of the partner countries selected for participation in the program and the justifications for such selections.
“(B) Methodology.—On the date on which the Secretary of Defense determines the pilot program to be complete, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the model barrier assessment methodology developed under paragraph (6)(B).
“(g) Briefing.—Not later than 1 year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director of the Defense Security Cooperation Agency shall provide to the appropriate committees of Congress a briefing on the efforts to build partner defense institution and security force capacity pursuant to this section.”
“(3) The term ‘national technology and industrial base’ has the meaning given such term in section 2500 of title 10, United States Code.”
; and
“(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.”
“(f) The President may loan stockpile materials to the Department of Energy or the military departments if the President—
“(1) has a reasonable assurance that stockpile materials of a similar or superior quantity and quality to the materials loaned will be returned to the stockpile or paid for;
“(2) notifies the congressional defense committees (as defined in section 101(a) of title 10, United States Code), in writing, not less than 30 days before making any such loan; and
“(3) includes in the written notification under paragraph (2) sufficient support for the assurance described in paragraph (1).”
“(1) Designation.—
(A) The Secretary shall designate, from among the personnel of the Office of the Under Secretary of Defense for Policy, a Principal Cyber Advisor to act as the principal advisor to the Secretary on military cyber forces and activities.
“(B) The Secretary may only designate an official under this paragraph if such official was appointed to the position in which such official serves by and with the advice and consent of the Senate.”
“(3) Owners and operators of critical infrastructure (as such term is defined in section 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e))).”
; and
“(5) Procedures to ensure that assistance provided to an entity specified in subsection (e)(3) is provided in a manner that is consistent with similar assistance provided under authorities applicable to other Federal departments and agencies, including the authorities of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security pursuant to title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.).”
“(D) exercises authority, direction, and control over the Activities of the Cybersecurity Directorate, or any successor organization, of the National Security Agency, funded through the Information Systems Security Program;”
“(f) Annual Reports.—Not later than August 30, 2022, and annually thereafter through 2024, the Secretary of Defense shall provide to the congressional defense committees a report on the work of the Program, including information relating to staffing and accomplishments.”
“(4) Definitions for ‘Controlled Unclassified Information’ (CUI) and ‘For Official Use Only’ (FOUO), policies regarding protecting information designated as either of such, and an explanation of the ‘DoD CUI Program’ and Department of Defense compliance with the responsibilities specified in Department of Defense Instruction (DoDI) 5200.48, ‘Controlled Unclassified Information (CUI),’ including the following:
“(A) The extent to which the Department of Defense is identifying whether information is CUI via a contracting vehicle and marking documents, material, and media containing such information in a clear and consistent manner.
“(B) Recommended regulatory or policy changes to ensure consistency and clarity in CUI identification and marking requirements.
“(C) Circumstances under which commercial information is considered CUI, and any impacts to the commercial supply chain associated with security and marking requirements pursuant to this paragraph.
“(D) Benefits and drawbacks of requiring all CUI to be marked with a unique CUI legend, versus requiring that all data marked with an appropriate restricted legend be handled as CUI.
“(E) The extent to which the Department of Defense clearly delineates Federal Contract Information (FCI) from CUI.
“(F) Examples or scenarios to illustrate information that is and is not CUI.”
“(1) Designation of administrative chair.—The Secretary of Defense shall designate the National Defense University College of Information and Cyberspace to function as the administrative chair of the consortium established pursuant to subsection (a).”
“(3) Executive committee.—The Secretary, in consultation with the administrative chair, may form an executive committee for the consortium that is comprised of representatives of the Federal Government to assist the chair with the management and functions of the consortium.”
; and
“(d) Consultation.—The Secretary shall meet with such members of the consortium as the Secretary considers appropriate, not less frequently than twice each year or at such periodicity as is agreed to by the Secretary and the consortium.”
“(I) activities of the Center address the security of both information technology and operational technology, including industrial control systems;”
; and
“(q) Industrial Control Systems.—The Director shall maintain capabilities to identify and address threats and vulnerabilities to products and technologies intended for use in the automated control of critical infrastructure processes. In carrying out this subsection, the Director shall—
“(1) lead Federal Government efforts, in consultation with Sector Risk Management Agencies, as appropriate, to identify and mitigate cybersecurity threats to industrial control systems, including supervisory control and data acquisition systems;
“(2) maintain threat hunting and incident response capabilities to respond to industrial control system cybersecurity risks and incidents;
“(3) provide cybersecurity technical assistance to industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control system stakeholders to identify, evaluate, assess, and mitigate vulnerabilities;
“(4) collect, coordinate, and provide vulnerability information to the industrial control systems community by, as appropriate, working closely with security researchers, industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control systems stakeholders; and
“(5) conduct such other efforts and assistance as the Secretary determines appropriate.”
“(4) the term ‘cybersecurity vulnerability’ has the meaning given the term ‘security vulnerability’ in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501);”
“(B) sharing mitigation protocols to counter cybersecurity vulnerabilities pursuant to subsection (n), as appropriate; and”
; and
“(o) Protocols to Counter Certain Cybersecurity Vulnerabilities.—The Director may, as appropriate, identify, develop, and disseminate actionable protocols to mitigate cybersecurity vulnerabilities to information systems and industrial control systems, including in circumstances in which such vulnerabilities exist because software or hardware is no longer supported by a vendor.”
“(e) Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments.—
“(1) In general.—
“(A) Requirement.—Not later than one year after the date of the enactment of this subsection, the Secretary, acting through the Director, shall, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, develop and make publicly available a Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments.
“(B) Recommendations and requirements.—The strategy required under subparagraph (A) shall provide recommendations relating to the ways in which the Federal Government should support and promote the ability of State, local, Tribal, and territorial governments to identify, mitigate against, protect against, detect, respond to, and recover from cybersecurity risks (as such term is defined in section 2209), cybersecurity threats, and incidents (as such term is defined in section 2209).
“(2) Contents.—The strategy required under paragraph (1) shall—
“(A) identify capability gaps in the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents;
“(B) identify Federal resources and capabilities that are available or could be made available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents;
“(C) identify and assess the limitations of Federal resources and capabilities available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents and make recommendations to address such limitations;
“(D) identify opportunities to improve the coordination of the Agency with Federal and non-Federal entities, such as the Multi-State Information Sharing and Analysis Center, to improve—
“(i) incident exercises, information sharing and incident notification procedures;
“(ii) the ability for State, local, Tribal, and territorial governments to voluntarily adapt and implement guidance in Federal binding operational directives; and
“(iii) opportunities to leverage Federal schedules for cybersecurity investments under section 502 of title 40, United States Code;
“(E) recommend new initiatives the Federal Government should undertake to improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents;
“(F) set short-term and long-term goals that will improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; and
“(G) set dates, including interim benchmarks, as appropriate for State, local, Tribal, and territorial governments to establish baseline capabilities to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents.
“(3) Considerations.—In developing the strategy required under paragraph (1), the Director, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, shall consider—
“(A) lessons learned from incidents that have affected State, local, Tribal, and territorial governments, and exercises with Federal and non-Federal entities;
“(B) the impact of incidents that have affected State, local, Tribal, and territorial governments, including the resulting costs to such governments;
“(C) the information related to the interest and ability of state and non-state threat actors to compromise information systems (as such term is defined in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501)) owned or operated by State, local, Tribal, and territorial governments; and
“(D) emerging cybersecurity risks and cybersecurity threats to State, local, Tribal, and territorial governments resulting from the deployment of new technologies.
“(4) Exemption.—Chapter 35 of title 44, United States Code (commonly known as the ‘Paperwork Reduction Act’), shall not apply to any action to implement this subsection.”
“SEC. 2220B. NATIONAL CYBER EXERCISE PROGRAM.
“(a) Establishment of Program.—
“(1) In general.—There is established in the Agency the National Cyber Exercise Program (referred to in this section as the ‘Exercise Program’) to evaluate the National Cyber Incident Response Plan, and other related plans and strategies.
“(2) Requirements.—
“(A) In general.—The Exercise Program shall be—
“(i) based on current risk assessments, including credible threats, vulnerabilities, and consequences;
“(ii) designed, to the extent practicable, to simulate the partial or complete incapacitation of a government or critical infrastructure network resulting from a cyber incident;
“(iii) designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and relevant information sharing agreements; and
“(iv) designed to promptly develop after-action reports and plans that can quickly incorporate lessons learned into future operations.
“(B) Model exercise selection.—The Exercise Program shall—
“(i) include a selection of model exercises that government and private entities can readily adapt for use; and
“(ii) aid such governments and private entities with the design, implementation, and evaluation of exercises that—
“(I) conform to the requirements described in subparagraph (A);
“(II) are consistent with any applicable national, State, local, or Tribal strategy or plan; and
“(III) provide for systematic evaluation of readiness.
“(3) Consultation.—In carrying out the Exercise Program, the Director may consult with appropriate representatives from Sector Risk Management Agencies, the Office of the National Cyber Director, cybersecurity research stakeholders, and Sector Coordinating Councils.
“(b) Definitions.—In this section:
“(1) State.—The term ‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States.
“(2) Private entity.—The term ‘private entity’ has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).
“(c) Rule of Construction.—Nothing in this section shall be construed to affect the authorities or responsibilities of the Administrator of the Federal Emergency Management Agency pursuant to section 648 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748).”
“SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET DOMAIN.”
;
“SEC. 2216. JOINT CYBER PLANNING OFFICE.”
;
“SEC. 2217. CYBERSECURITY STATE COORDINATOR.”
;
“SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.”
;
“SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.”
;
“SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.”
; and
“SEC. 2220A. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.”
“Sec. 2214. National Asset Database.
“Sec. 2215. Duties and authorities relating to .gov internet domain.
“Sec. 2216. Joint cyber planning office.
“Sec. 2217. Cybersecurity State Coordinator.
“Sec. 2218. Sector Risk Management Agencies.
“Sec. 2219. Cybersecurity Advisory Committee.
“Sec. 2220. Cybersecurity Education and Training Programs.
“Sec. 2220A. State and Local Cybersecurity Grant Program.
“Sec. 2220B. National cyber exercise program.”.
“SEC. 2220C. CYBERSENTRY PROGRAM.
“(a) Establishment.—There is established in the Agency a program, to be known as ‘CyberSentry’, to provide continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions, upon request and subject to the consent of such owner or operator.
“(b) Activities.—The Director, through CyberSentry, shall—
“(1) enter into strategic partnerships with critical infrastructure owners and operators that, in the determination of the Director and subject to the availability of resources, own or operate regionally or nationally significant industrial control systems that support national critical functions, in order to provide technical assistance in the form of continuous monitoring of industrial control systems and the information systems that support such systems and detection of cybersecurity risks to such industrial control systems and other cybersecurity services, as appropriate, based on and subject to the agreement and consent of such owner or operator;
“(2) leverage sensitive or classified intelligence about cybersecurity risks regarding particular sectors, particular adversaries, and trends in tactics, techniques, and procedures to advise critical infrastructure owners and operators regarding mitigation measures and share information as appropriate;
“(3) identify cybersecurity risks in the information technology and information systems that support industrial control systems which could be exploited by adversaries attempting to gain access to such industrial control systems, and work with owners and operators to remediate such vulnerabilities;
“(4) produce aggregated, anonymized analytic products, based on threat hunting and continuous monitoring and detection activities and partnerships, with findings and recommendations that can be disseminated to critical infrastructure owners and operators; and
“(5) support activities authorized in accordance with section 1501 of the National Defense Authorization Act for Fiscal Year 2022.
“(c) Privacy Review.—Not later than 180 days after the date of enactment of this section, the Privacy Officer of the Agency under section 2202(h) shall—
“(1) review the policies, guidelines, and activities of CyberSentry for compliance with all applicable privacy laws, including such laws governing the acquisition, interception, retention, use, and disclosure of communities; and
“(2) submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report certifying compliance with all applicable privacy laws as referred to in paragraph (1), or identifying any instances of noncompliance with such privacy laws.
“(d) Report to Congress.—Not later than one year after the date of the enactment of this section, the Director shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing and written report on implementation of this section.
“(e) Savings.—Nothing in this section may be construed to permit the Federal Government to gain access to information of a remote computing service provider to the public or an electronic service provider to the public, the disclosure of which is not permitted under section 2702 of title 18, United States Code.
“(f) Definitions.—In this section:
“(1) Cybersecurity risk.—The term ‘cybersecurity risk’ has the meaning given such term in section 2209(a).
“(2) Industrial control system.—The term ‘industrial control system’ means an information system used to monitor and/or control industrial processes such as manufacturing, product handling, production, and distribution, including supervisory control and data acquisition (SCADA) systems used to monitor and/or control geographically dispersed assets, distributed control systems (DCSs), Human-Machine Interfaces (HMIs), and programmable logic controllers that control localized processes.
“(3) Information system.—The term ‘information system’ has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C. 1501(9)).
“(g) Termination.—The authority to carry out a program under this section shall terminate on the date that is seven years after the date of the enactment of this section.”
“Sec. 2220C. CyberSentry program.”.
“(1) In general.—The Director may”
“(C) accept officers or employees of the United States or members of the Armed Forces on a detail from an element of the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) or from another element of the Federal Government on a nonreimbursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed three years;”
; and
“(2) Rules of construction regarding details.—Nothing in paragraph (1)(C) may be construed as imposing any limitation on any other authority for reimbursable or nonreimbursable details. A nonreimbursable detail made pursuant to such paragraph shall not be considered an augmentation of the appropriations of the receiving element of the Office of the National Cyber Director.”
Ҥ 2277. Disclosure of National Security Space Launch program contract pricing terms
“(a) In General.—With respect to any contract awarded by the Secretary of the Air Force for the launch of a national security payload under the National Security Space Launch program, not later than 30 days after entering into such a contract, the Secretary shall submit to the congressional defense committees a description of the pricing terms of the contract. For those contracts that include the launch of assets of the National Reconnaissance Office, the Secretary shall also submit the pricing terms to the congressional intelligence committees (as defined by section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
“(b) Competitively Sensitive Trade Secret Data.—The congressional defense committees and the congressional intelligence committees shall—
“(1) treat a description of pricing terms submitted under subsection (a) as competitively sensitive trade secret data; and
“(2) use the description solely for committee purposes, subject to appropriate restrictions to maintain the confidentiality of the description.
“(c) Rule of Construction.—For purposes of section 1905 of title 18, a disclosure of contract pricing terms under subsection (a) shall be construed as a disclosure authorized by law.”
“2277. Disclosure of National Security Space Launch program contract pricing terms.”.
“9021. Space Acquisition Council.”.
“(2)
(A) The Council shall promptly—
“(i) review any determination made by the Assistant Secretary of the Air Force for Space Acquisition and Integration with respect to architecture for the space systems and programs of the armed forces under section 9016(b)(6)(B)(i) of this title, including the requirements for operating such space systems or programs; and
“(ii) either—
“(I) if the Council finds such a determination to be warranted, certify the determination; or
“(II) if the Council finds such a determination not to be warranted, decline to certify the determination.
“(B) Not later than 10 business days after the date on which the Council makes a finding with respect to a certification under subparagraph (A), the Council shall submit to the congressional defense committees a notification of the finding, including a detailed justification for the finding.
“(C) Except as provided in subparagraph (D), the Assistant Secretary of the Air Force for Space Acquisition and Integration may not take any action to implement a determination referred to in subparagraph (A)(i) until 30 days has elapsed following the date on which the Council submits the notification under subparagraph (B).
“(D)
(i) The Secretary of Defense may waive subparagraph (C) in the event of an urgent national security requirement.
“(ii) The Secretary of Defense shall submit to the congressional defense committees a notification of any waiver granted under clause (i), including a justification for the waiver.”
“(i) Be responsible for and oversee all architecture and integration with respect to the acquisition of the space systems and programs of the armed forces, including in support of the Chief of Space Operations under section 9082 of this title.”
“(d) Delegation of Authorities.—
(1) With respect to tranche 0 capabilities and tranche 1 capabilities, to the extent practicable, the Secretary of the Air Force, acting through the Service Acquisition Executive for Space Systems and Programs, shall ensure the delegation to the Agency of—
“(A) head of contracting authority; and
“(B) milestone decision authority for the middle tier of acquisition programs.
“(2)
(A) The Service Acquisition Executive for Space Systems and Programs may rescind the delegation of authority under paragraph (1) for cause or on a case-by-case basis.
“(B) Not later than 30 days after the date of a rescission under subparagraph (A), the Secretary of the Air Force shall notify the congressional defense committees of such rescission.
“(3) In this subsection:
“(A) The term ‘tranche 0 capabilities’ means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2022.
“(B) The term ‘tranche 1 capabilities’ means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2024.”
“(D) Alternative methods to perform position navigation and timing.”
; and
“(b) Support.—
“(1) Elements.—The Secretary of Defense, in consultation with the Director of National Intelligence, shall support the tactically responsive launch program under subsection (a) during the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code, in 2022 to ensure that the program addresses the following:
“(A) The ability to rapidly place on-orbit systems to respond to urgent needs of the commanders of the combatant commands or to reconstitute space assets and capabilities to support national security priorities if such assets and capabilities are degraded, attacked, or otherwise impaired, including such assets and capabilities relating to protected communications and intelligence, surveillance, and reconnaissance.
“(B) The entire launch process, including with respect to launch services, satellite bus and payload availability, and operations and sustainment on-orbit.
“(2) Plan.—As a part of the defense budget materials (as defined in section 239 of title 10, United States Code) for fiscal year 2023, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to Congress a plan for the tactically responsive launch program to address the elements under paragraph (1). Such plan shall include the following:
“(A) Lessons learned from the Space Safari tactically responsive launch-2 mission of the Space Systems Command of the Space Force, and how to incorporate such lessons into future efforts regarding tactically responsive launches.
“(B) How to achieve responsive acquisition timelines within the adaptive acquisition framework for space acquisition pursuant to section 807.
“(C) Plans to address supply chain issues and leverage commercial capabilities to support future reconstitution and urgent space requirements leveraging the tactically responsive launch program under subsection (a).”
“(4) The term ‘domestic’ includes, with respect to commercial capabilities or services covered by this section, capabilities or services provided by companies that operate in the United States and have active mitigation agreements pursuant to the National Industrial Security Program, unless the Director of the National Reconnaissance Office or the Director of the National Geospatial-Intelligence Agency submits to the appropriate congressional committees a written determination that excluding such companies is warranted on the basis of national security or strategic policy needs.”
“(5) Programs of record and commercial capabilities.—Prior to establishing a program of record, the Service Acquisition Executive for Space Systems and Programs shall determine whether existing or planned commercially available capabilities could meet all or a portion of the requirements for that proposed program. Not later than 30 days after the date on which the Service Acquisition Executive makes such a positive determination, the Service Acquisition Executive shall submit to the congressional defense committees a notification of the results of the determination.”
“SEC. 499b. PARTICIPATION IN UNITED STATES STRATEGIC COMMAND STRATEGIC DETERRENCE EXERCISES.
“(a) Participation.—In the case of annual strategic deterrence exercises held by the United States Strategic Command during fiscal years 2022 through 2032—
“(1) the Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an even-numbered year;
“(2) the Deputy Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an odd-numbered year;
“(3) the Under Secretary of Defense for Policy shall participate, in whole or in part, in each such exercise;
“(4) the Vice Chairman of the Joint Chiefs of Staff shall participate, in whole or in part, in each such exercise;
“(5) appropriate senior staff of the Executive Office of the President or appropriate organizations supporting the White House relating to continuity of government activities are encouraged to participate in each such exercise;
“(6) appropriate general or flag officers of the military departments, and appropriate employees of Federal agencies in Senior Executive Service positions (as defined in section 3132 of title 5), shall participate, in whole or in part, in each such exercise, to provide relevant expertise to the Assistant to the President for National Security Affairs and the Deputy Assistant to the President for National Security Affairs; and
“(7) in the case of such an exercise for which a unified combatant command has a geographic area of responsibility relevant to the scenario planned to be used for the exercise, not fewer than two of the following individuals from that command shall participate, in whole or in part, in the exercise:
“(A) The Commander.
“(B) The Deputy Commander.
“(C) The Director of the Joint Staff for Operations.
“(D) The Director of the Joint Staff for Strategic Plans and Policy.
“(b) Briefing.—Not fewer than once every four years (or more frequently if appropriate) during the period specified in subsection (a), the President shall be provided a briefing on the annual strategic deterrence exercise held by the United States Strategic Command during the year in which the briefing is provided, including the principal findings resulting from the exercise.
“(c) Reports.—
(1) Not later than 30 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff and the Secretary of Defense a report on the exercise, which, at a minimum, shall include the following:
“(A) A description of the purpose and scope of the exercise.
“(B) An identification of the principal personnel participating in the exercise.
“(C) A statement of the principal findings resulting from the exercise that specifically relate to the nuclear command, control, and communications or senior leader decision-making process and a description of any deficiencies in that process identified a result of the exercise.
“(D) Whether the President was briefed on the exercise and the principal findings resulting from the exercise.
“(2) Not later than 60 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Secretary shall submit to the congressional defense committees—
“(A) an unedited copy of the report of the Commander submitted under paragraph (1); and
“(B) any additional recommendations or other matters the Secretary considers appropriate.”
“(a) In General.—Other than pursuant to a treaty to which the Senate has provided advice and consent pursuant to section 2 of article II of the Constitution of the United States, if the President has under consideration to unilaterally change the size of the total stockpile of nuclear weapons of the United States, or the total number of deployed nuclear weapons (as defined under the New START Treaty), by more than 20 percent, prior to doing so the President shall initiate a Nuclear Posture Review.”
“(f) New START Treaty Defined.—In this section, the term ‘New START Treaty’ means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.”
“(b) Notification of Changes to Non-standard Acquisition and Requirements Processes and Responsibilities.—
(1) The Secretary of Defense may not make any changes to the missile defense non-standard acquisition and requirements processes and responsibilities unless, with respect to those proposed changes—
“(A) the Secretary, without delegation, has taken each of the actions specified in paragraph (2); and
“(B) a period of 120 days has elapsed following the date on which the Secretary submits the report under subparagraph (C) of such paragraph.
“(2) If the Secretary proposes to make changes to the missile defense non-standard acquisition and requirements processes and responsibilities, the Secretary shall—
“(A) consult with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Policy, the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, the Commander of the United States Strategic Command, the Commander of the United States Northern Command, and the Director of the Missile Defense Agency, regarding the changes;
“(B) certify to the congressional defense committees that the Secretary has coordinated the changes with, and received the views of, the individuals referred to in subparagraph (A);
“(C) submit to the congressional defense committees a report that contains—
“(i) a description of the changes, the rationale for the changes, and the views of the individuals referred to in subparagraph (A) with respect to the changes;
“(ii) a certification that the changes will not impair the missile defense capabilities of the United States nor degrade the unique special acquisition authorities of the Missile Defense Agency; and
“(iii) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, a final draft of the proposed modified directive, both in an electronic format and in a hard copy format; and
“(D) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, provide to such committees a briefing on the proposed modified directive described in subparagraph (C)(iii).
“(3) In this subsection, the term ‘non-standard acquisition and requirements processes and responsibilities’ means the processes and responsibilities described in—
“(A) the memorandum of the Secretary of Defense titled ‘Missile Defense Program Direction’ signed on January 2, 2002, as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor memorandum issued in accordance with this subsection;
“(B) Department of Defense Directive 5134.09, as in effect on the date of the enactment of this subsection (without regard to any modifications described in Directive-type Memorandum 20–002 of the Deputy Secretary of Defense, or any amendments or extensions thereto made before the date of such enactment), or as modified in accordance with this subsection, or any successor directive issued in accordance with this subsection; and
“(C) United States Strategic Command Instruction 538–3 titled ‘MD Warfighter Involvement Process’, as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor instruction issued in accordance with this subsection.”
“(f) Waiver of Certain Limitation.—The Assistant Secretary of the Air Force for Space Acquisition and Integration, acting as the chair of the Space Acquisition Council, may waive the limitation in section 1662 of the National Defense Authorization Act for Fiscal Year 2022, with respect to the hypersonic and ballistic missile tracking space sensor program if the Assistant Secretary—
“(1) determines that such limitation would delay the delivery of an operational hypersonic and ballistic missile tracking space sensor because of technical, cost, or schedule factors; and
“(2) submits to the congressional defense committees—
“(A) the technical, schedule, or cost rationale for the waiver;
“(B) an acquisition strategy for the hypersonic and ballistic missile tracking space sensor program that is signed by both the Director and the Assistant Secretary; and
“(C) a lead service agreement entered into by the Director and the Chief of Space Operations regarding the operation and sustainment of the hypersonic and ballistic missile tracking space sensor and the integration of the sensor into the architecture of the Space Force.”
“(d) Distribution of Estimate.—As soon as practicable after submitting an estimate as described in paragraph (1) of subsection (a) and making the certification described in paragraph (2) of such subsection, the Secretary shall make such estimate available to any licensee operating under the Order and Authorization described in such subsection.
“(e) Authority of Secretary of Defense to Seek Recovery of Costs.—The Secretary may work directly with any licensee (or any future assignee, successor, or purchaser) affected by the Order and Authorization described in subsection (a) to seek recovery of costs incurred by the Department as a result of the effect of such order and authorization.
“(f) Reimbursement.—
“(1) In general.—The Secretary shall establish and facilitate a process for any licensee (or any future assignee, successor, or purchaser) subject to the Order and Authorization described in subsection (a) to provide reimbursement to the Department, only to the extent provided in appropriation Acts, for the covered costs and eligible reimbursable costs submitted and certified to the congressional defense committees under such subsection.
“(2) Use of funds.—The Secretary shall use any funds received under this subsection, to the extent and in such amounts as are provided in advance in appropriation Acts, for covered costs described in subsection (b) and the range of eligible reimbursable costs identified under subsection (a)(1).
“(3) Report.—Not later than 90 days after the date on which the Secretary establishes the process required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on such process.”
“(1) Section 134 of title 41, United States Code.
“(A) Sections 1901 and 1906 of title 41, United States Code.
“(B) Section 3205 of title 10, United States Code.
“(C) Section 3305 of title 41, United States Code.”
; and
“(1) Federal property and administrative services act of 1949.—In division C of subtitle I of title 41, United States Code:
“(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3304 of such title, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section).
“(B) Section 4106 of such title, relating to orders under task and delivery order contracts.
“(2) Title 10, united states code.—In part V of subtitle A of title 10, United States Code:
“(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3204, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section).
“(B) Section 3406, relating to orders under task and delivery order contracts.
“(3) Office of federal procurement policy act.—Paragraphs (1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41, United Sates Code, relating to inapplicability of a requirement for procurement notice.”
“(1) Chapters 1 to 11 of title 40, United States Code, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code.
“(2) Section 3727(a)–(e)(1) of title 31, United States Code.
“(3) Section 6305 of title 41, United States Code.
“(4) Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431 et seq.).
“(i) section 3203(a)(1)(B) or 3204(a)(3) of title 10, United States Code;
“(ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41, United States Code; or”