S.1605 - National Defense Authorization Act for Fiscal Year 2022 117th Congress (2021-2022)
| Sponsor: | Sen. Scott, Rick [R-FL] (Introduced 05/13/2021) |
|---|---|
| Committees: | Senate - Energy and Natural Resources |
| Committee Prints: | H.Prt. 117-2, H.Prt. 117-21 |
| Latest Action: | 12/27/2021 Became Public Law No: 117-81. (All Actions) |
| Roll Call Votes: | There have been 3 roll call votes |
| Notes: | Joint explanatory statement is in Armed Services Committee Print No. 2. |
| Tracker: Tip | This bill has the status Became Law Here are the steps for Status of Legislation:
|
Subject — Policy Area:
- Armed Forces and National Security
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Text: S.1605 — 117th Congress (2021-2022) All Information (Except Text)
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Public Law No. 117-81 (12/27/2021)
[117th Congress Public Law 81]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 1541]]
Public Law 117-81
117th Congress
An Act
To authorize appropriations for fiscal year 2022 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes. <<NOTE: Dec. 27,
2021 - [S. 1605]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Defense
Authorization Act for Fiscal Year 2022.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2022''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into six divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--Department of State Authorization
(6) Division F--Other Non-Department of Defense Matters.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
Sec. 5. Explanatory statement.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Modification of deployment by the Army of interim cruise
missile defense capability.
Sec. 112. Multiyear procurement authority for AH-64E Apache helicopters.
Sec. 113. Multiyear procurement authority for UH-60M and HH-60M Black
Hawk helicopters.
Sec. 114. Continuation of Soldier Enhancement Program.
Sec. 115. Limitation on availability of funds pending report on the
Integrated Visual Augmentation System.
Sec. 116. Strategy and authority for the procurement of components for
the next generation squad weapon.
[[Page 135 STAT. 1542]]
Subtitle C--Navy Programs
Sec. 121. Extension of procurement authority for certain amphibious
shipbuilding programs.
Sec. 122. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 123. Extension of report on Littoral Combat Ship mission packages.
Sec. 124. Incorporation of advanced degaussing systems into Arleigh
Burke class destroyers.
Sec. 125. Report on the potential benefits of a multiyear contract for
the procurement of Flight III Arleigh Burke class destroyers.
Sec. 126. Acquisition, modernization, and sustainment plan for carrier
air wings.
Sec. 127. Report on material readiness of Virginia class submarines of
the Navy.
Subtitle D--Air Force Programs
Sec. 131. Extension of inventory requirement for Air Force fighter
aircraft.
Sec. 132. Contract for logistics support for VC-25B aircraft.
Sec. 133. Prohibition on certain reductions to B-1 bomber aircraft
squadrons.
Sec. 134. Prohibition on use of funds for retirement of A-10 aircraft.
Sec. 135. Limitation on availability of funds for the B-52 Commercial
Engine Replacement Program.
Sec. 136. Limitation on availability of funds pending information on
bridge tanker aircraft.
Sec. 137. Inventory requirements and limitations relating to certain air
refueling tanker aircraft.
Sec. 138. Minimum inventory of tactical airlift aircraft.
Sec. 139. Report relating to reduction of total number of tactical
airlift aircraft.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. Implementation of affordability, operational, and sustainment
cost constraints for the F-35 aircraft program.
Sec. 142. Transfer of F-35 program responsibilities from the F-35 Joint
Program Office to the Department of the Air Force and the
Department of the Navy.
Sec. 143. Limitation on availability of funds for air-based and space-
based ground moving target indicator capabilities.
Sec. 144. Limitation on availability of funds for procurement of
aircraft systems for the armed overwatch program.
Sec. 145. Analysis of certain radar investment options.
Sec. 146. Review and briefing on fielded major weapon systems.
Sec. 147. Reports on exercise of waiver authority with respect to
certain aircraft ejection seats.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Codification of National Defense Science and Technology
Strategy.
Sec. 212. Codification of direct hire authority at personnel
demonstration laboratories for advanced degree holders.
Sec. 213. Duties and regional activities of the Defense Innovation Unit.
Sec. 214. Codification of requirement for Defense Established Program to
Stimulate Competitive Research.
Sec. 215. Codification of authorities relating to Department of Defense
science and technology reinvention laboratories.
Sec. 216. Improvements relating to steering committee on emerging
technology and national security threats.
Sec. 217. Improvements relating to national network for microelectronics
research and development.
Sec. 218. Modification of mechanisms for expedited access to technical
talent and expertise at academic institutions to support
Department of Defense missions.
Sec. 219. Technical correction to pilot program for the enhancement of
the research, development, test, and evaluation centers of
the Department of Defense.
Sec. 220. Defense research and engineering activities at minority
institutions.
Sec. 221. Test program for engineering plant of DDG(X) destroyer
vessels.
Sec. 222. Consortium to study irregular warfare.
Sec. 223. Development and implementation of digital technologies for
survivability and lethality testing.
[[Page 135 STAT. 1543]]
Sec. 224. Assessment and correction of deficiencies in the pilot
breathing systems of tactical fighter aircraft.
Sec. 225. Identification of the hypersonics facilities and capabilities
of the Major Range and Test Facility Base.
Sec. 226. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 227. Modification of the joint common foundation program.
Sec. 228. Executive education on emerging technologies for senior
civilian and military leaders.
Sec. 229. Activities to accelerate development and deployment of dual-
use quantum technologies.
Sec. 230. National Guard participation in microreactor testing and
evaluation.
Sec. 231. Pilot program on the use of private sector partnerships to
promote technology transition.
Sec. 232. Pilot program on data repositories to facilitate the
development of artificial intelligence capabilities for the
Department of Defense.
Sec. 233. Pilot programs for deployment of telecommunications
infrastructure to facilitate 5G deployment on military
installations.
Sec. 234. Limitation on development of prototypes for the Optionally
Manned Fighting Vehicle pending requirements analysis.
Sec. 235. Limitation on transfer of certain operational flight test
events and reductions in operational flight test capacity.
Sec. 236. Limitation on availability of funds for certain C-130
aircraft.
Sec. 237. Limitation on availability of funds for VC-25B aircraft
program pending submission of documentation.
Sec. 238. Limitation on availability of funds for the High Accuracy
Detection and Exploitation System.
Subtitle C--Plans, Reports, and Other Matters
Sec. 241. Modification to annual report of the Director of Operational
Test and Evaluation.
Sec. 242. Adaptive engine transition program acquisition strategy for
the F-35A aircraft.
Sec. 243. Acquisition strategy for an advanced propulsion system for F-
35B and F-35C aircraft.
Sec. 244. Assessment of the development and test enterprise of the Air
Force Research Laboratory.
Sec. 245. Study on efficient use of Department of Defense test and
evaluation organizations, facilities, and laboratories.
Sec. 246. Report on autonomy integration in major weapon systems.
Sec. 247. Reports and briefings on recommendations of the National
Security Commission on Artificial Intelligence regarding the
Department of Defense.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Inclusion of impacts on military installation resilience in
the National Defense Strategy and associated documents.
Sec. 312. Energy efficiency targets for Department of Defense data
centers.
Sec. 313. Grants for maintaining or improving military installation
resilience.
Sec. 314. Maintenance of current analytical tools in evaluating energy
resilience measures.
Sec. 315. Authority to transfer amounts derived from energy cost
savings.
Sec. 316. Exemption from prohibition on use of open-air burn pits in
contingency operations outside the United States.
Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership
program to include resilience.
Sec. 318. Inspection of piping and support infrastructure at Red Hill
Bulk Fuel Storage Facility, Hawai`i.
Sec. 319. Energy, water, and waste net-zero requirement for major
military installations.
Sec. 320. Demonstration program on domestic production of rare earth
elements from coal byproducts.
Sec. 321. Long-duration demonstration initiative and joint program.
Sec. 322. Pilot program to test new software to track emissions at
certain military installations.
Sec. 323. Department of Defense plan to reduce greenhouse gas emissions.
Subtitle C--National Security Climate Resilience
Sec. 331. Definitions.
[[Page 135 STAT. 1544]]
Sec. 332. Climate Resilience Infrastructure Initiative of the Department
of Defense.
Sec. 333. Inclusion of information regarding extreme weather and cyber
attacks or disruptions in reports on national technology and
industrial base.
Sec. 334. Climate resilience in planning, engagement strategies,
infrastructure, and force development of Department of
Defense.
Sec. 335. Assessment of climate risks to infrastructure of Department of
Defense.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Treatment by Department of Defense of perfluoroalkyl
substances and polyfluoroalkyl substances.
Sec. 342. Extension of transfer authority for funding of study and
assessment on health implications of per- and polyfluoroalkyl
substances contamination in drinking water by Agency for
Toxic Substances and Disease Registry.
Sec. 343. Temporary moratorium on incineration by Department of Defense
of perfluoroalkyl substances, polyfluoroalkyl substances, and
aqueous film forming foam.
Sec. 344. Review and guidance relating to prevention and mitigation of
spills of aqueous film-forming foam.
Sec. 345. Public disclosure of results of Department of Defense testing
of water for perfluoroalkyl or polyfluoroalkyl substances.
Sec. 346. Review of agreements with non-Department entities with respect
to prevention and mitigation of spills of aqueous film-
forming foam.
Sec. 347. Comptroller General study on Department of Defense procurement
of certain items containing certain PFAS substances.
Sec. 348. Report on schedule for completion of remediation of
perfluoroalkyl substances and polyfluoroalkyl substances.
Sec. 349. Report on remediation of perfluoroalkyl substances and
polyfluoroalkyl substances at certain military installations.
Subtitle E--Logistics and Sustainment
Sec. 351. Mitigation of contested logistics challenges of the Department
of Defense through reduction of operational energy demand.
Sec. 352. Global bulk fuel management and delivery.
Sec. 353. Test and evaluation of potential biobased solution for
corrosion control and mitigation.
Sec. 354. Pilot program on digital optimization of organic industrial
base maintenance and repair operations.
Sec. 355. Improved oversight for implementation of Shipyard
Infrastructure Optimization Program of the Navy.
Sec. 356. Report and certification requirements regarding sustainment
costs for fighter aircraft programs.
Sec. 357. Comptroller General annual reviews of F-35 sustainment
efforts.
Subtitle F--Reports
Sec. 361. Inclusion of information regarding borrowed military manpower
in readiness reports.
Sec. 362. Annual report on material readiness of Navy ships.
Sec. 363. Incident reporting requirements for Department of Defense
regarding lost or stolen weapons.
Sec. 364. Strategy and annual report on critical language proficiency of
special operations forces.
Subtitle G--Other Matters
Sec. 371. Military Aviation and Installation Assurance Clearinghouse
matters.
Sec. 372. Establishment of Joint Safety Council.
Sec. 373. Improvements and clarifications related to military working
dogs.
Sec. 374. Extension of temporary authority to extend contracts and
leases under the ARMS Initiative.
Sec. 375. Authority to maintain access to category 3 subterranean
training facility.
Sec. 376. Accident Investigation Review Board.
Sec. 377. Implementation of Comptroller General recommendations on
preventing tactical vehicle training accidents.
Sec. 378. Requirements relating to emissions control tactics,
techniques, and procedures.
Sec. 379. Management of fatigue among crew of naval surface ships and
related improvements.
Sec. 380. Authority for activities to improve next generation radar
systems capabilities.
Sec. 381. Pilot program on military working dog and explosives detection
canine health and excellence.
Sec. 382. Department of Defense response to military lazing incidents.
[[Page 135 STAT. 1545]]
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 415. Accounting of reserve component members performing active duty
or full-time National Guard duty towards authorized end
strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A-- Officer Personnel Policy
Sec. 501. Authority with respect to authorized strengths for general and
flag officers within the Armed Forces for emerging
requirements.
Sec. 502. Time in grade requirements.
Sec. 503. Authority to vary number of Space Force officers considered
for promotion to major general.
Sec. 504. Seaman to Admiral-21 program: credit towards retirement.
Sec. 505. Independent assessment of retention of female surface warfare
officers.
Sec. 506. Reports on Air Force personnel performing duties of a Nuclear
and Missile Operations Officer (13N).
Subtitle B--Reserve Component Management
Sec. 511. Modification of grant program supporting science, technology,
engineering, and math education in the Junior Reserve
Officers' Training Corps to include quantum information
sciences.
Sec. 512. Prohibition on private funding for interstate deployment of
National Guard.
Sec. 513. Access to Tour of Duty system.
Sec. 514. Implementation of certain recommendations regarding use of
unmanned aircraft systems by the National Guard.
Sec. 515. Continued National Guard support for FireGuard program.
Sec. 516. Enhancement of National Guard Youth Challenge Program.
Sec. 517. Report on methods to enhance support from the reserve
components in response to catastrophic incidents.
Sec. 518. Study on reapportionment of National Guard force structure
based on domestic responses.
Sec. 519. Briefing on Junior Reserve Officers' Training Corps program.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Reduction in service commitment required for participation in
career intermission program of a military department.
Sec. 522. Improvements to military accessions in Armed Forces under the
jurisdiction of the Secretaries of the military departments.
Sec. 523. Notice program relating to options for naturalization.
Sec. 524. Appeals to Physical Evaluation Board determinations of fitness
for duty.
Sec. 525. Command oversight of military privatized housing as element of
performance evaluations.
Sec. 526. Feasibility study on establishment of housing history for
members of the Armed Forces who reside in housing provided by
the United States.
Sec. 527. Enhancements to national mobilization exercises.
Sec. 528. Temporary exemption from end strength grade restrictions for
the Space Force.
Sec. 529. Report on exemptions and deferments for a possible military
draft.
Sec. 529A. Report on processes and procedures for appeal of denial of
status or benefits for failure to register for Selective
Service.
Sec. 529B. Study and report on administrative separation boards.
Subtitle D--Military Justice Reform
Part 1--Special Trial Counsel
Sec. 531. Special trial counsel.
[[Page 135 STAT. 1546]]
Sec. 532. Policies with respect to special trial counsel.
Sec. 533. Definition of military magistrate, covered offense, and
special trial counsel.
Sec. 534. Clarification relating to who may convene courts-martial.
Sec. 535. Detail of trial counsel.
Sec. 536. Preliminary hearing.
Sec. 537. Advice to convening authority before referral for trial.
Sec. 538. Former jeopardy.
Sec. 539. Plea agreements.
Sec. 539A. Determinations of impracticability of rehearing.
Sec. 539B. Applicability to the United States Coast Guard.
Sec. 539C. Effective date.
Part 2--Sexual Harassment; Sentencing Reform
Sec. 539D. Inclusion of sexual harassment as general punitive article.
Sec. 539E. Sentencing reform.
Part 3--Reports and Other Matters
Sec. 539F. Briefing and report on resourcing required for
implementation.
Sec. 539G. Briefing on implementation of certain recommendations of the
Independent Review Commission on Sexual Assault in the
Military.
Subtitle E--Other Military Justice and Legal Matters
Sec. 541. Rights of the victim of an offense under the Uniform Code of
Military Justice.
Sec. 542. Conduct unbecoming an officer.
Sec. 543. Independent investigation of complaints of sexual harassment.
Sec. 544. Department of Defense tracking of allegations of retaliation
by victims of sexual assault or sexual harassment and related
persons.
Sec. 545. Modification of notice to victims of pendency of further
administrative action following a determination not to refer
to trial by court-martial.
Sec. 546. Civilian positions to support Special Victims' Counsel.
Sec. 547. Plans for uniform document management system, tracking
pretrial information, and assessing changes in law.
Sec. 548. Determination and reporting of members missing, absent
unknown, absent without leave, and duty status-whereabouts
unknown.
Sec. 549. Activities to improve family violence prevention and response.
Sec. 549A. Annual primary prevention research agenda.
Sec. 549B. Primary prevention workforce.
Sec. 549C. Reform and improvement of military criminal investigative
organizations.
Sec. 549D. Military defense counsel.
Sec. 549E. Full functionality of Military Justice Review Panel.
Sec. 549F. Military service independent racial disparity review.
Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual
assaults; reporting on racial and ethnic demographics in the
military justice system.
Sec. 549H. DoD Safe Helpline authorization to perform intake of official
restricted and unrestricted reports for eligible adult sexual
assault victims.
Sec. 549I. Extension of annual report regarding sexual assaults
involving members of the Armed Forces.
Sec. 549J. Study and report on Sexual Assault Response Coordinator
military occupational specialty.
Sec. 549K. Amendments to additional Deputy Inspector General of the
Department of Defense.
Sec. 549L. Improved Department of Defense prevention of, and response
to, bullying in the Armed Forces.
Sec. 549M. Recommendations on separate punitive article in the Uniform
Code of Military Justice on violent extremism.
Sec. 549N. Combating foreign malign influence.
Subtitle F--Member Education, Training, and Transition
Sec. 551. Troops-to-Teachers Program.
Sec. 552. Codification of human relations training for certain members
of the Armed Forces.
Sec. 553. Allocation of authority for nominations to the military
service academies in the event of the death, resignation, or
expulsion from office of a Member of Congress.
Sec. 554. Authority of President to appoint successors to members of
Board of Visitors of military academies whose terms have
expired.
Sec. 555. Meetings of the Board of Visitors of a military service
academy: votes required to call; held in person or remotely.
[[Page 135 STAT. 1547]]
Sec. 556. Defense Language Institute Foreign Language Center.
Sec. 557. United States Naval Community College.
Sec. 558. Codification of establishment of United States Air Force
Institute of Technology.
Sec. 559. Concurrent use of Department of Defense Tuition Assistance and
Montgomery GI Bill-Selected Reserve benefits.
Sec. 559A. Regulations on certain parental guardianship rights of cadets
and midshipmen.
Sec. 559B. Defense language continuing education program.
Sec. 559C. Prohibition on implementation by United States Air Force
Academy of civilian faculty tenure system.
Sec. 559D. Professional military education: report; definition.
Sec. 559E. Report on training and education of members of the Armed
Forces regarding social reform and unhealthy behaviors.
Sec. 559F. Report on status of Army Tuition Assistance Program Army
IgnitED program.
Sec. 559G. Briefing on cadets and midshipmen with speech disorders.
Subtitle G--Military Family Readiness and Dependents' Education
Sec. 561. Expansion of support programs for special operations forces
personnel and immediate family members.
Sec. 562. Improvements to the Exceptional Family Member Program.
Sec. 563. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 564. Pilot program to establish employment fellowship opportunities
for military spouses.
Sec. 565. Policy regarding remote military installations.
Sec. 566. Implementation of GAO recommendation on improved communication
of best practices to engage military spouses with career
assistance resources.
Sec. 567. Study on employment of military spouses.
Sec. 568. Briefing on efforts of commanders of military installations to
connect military families with local entities that provide
services to military families.
Sec. 569. Briefing on process to certify reporting of eligible federally
connected children for purposes of Federal impact aid
programs.
Sec. 569A. Briefing on legal services for families enrolled in the
Exceptional Family Member Program.
Sec. 569B. GAO review of Preservation of the Force and Family Program of
United States Special Operations Command: briefing; report.
Subtitle H--Diversity and Inclusion
Sec. 571. Reduction of gender-related inequities in costs of uniforms to
members of the Armed Forces.
Sec. 572. Study on number of members of the Armed Forces who identify as
Hispanic or Latino.
Sec. 573. Inclusion of military service academies, Officer Candidate and
Training Schools, and the Senior Reserve Officers' Training
Corps data in diversity and inclusion reporting.
Sec. 574. Extension of deadline for GAO report on equal opportunity at
the military service academies.
Subtitle I--Decorations and Awards, Miscellaneous Reports, and Other
Matters
Sec. 581. Modified deadline for establishment of special purpose adjunct
to Armed Services Vocational Aptitude Battery test.
Sec. 582. Authorizations for certain awards.
Sec. 583. Establishment of the Atomic Veterans Commemorative Service
Medal.
Sec. 584. Updates and preservation of memorials to chaplains at
Arlington National Cemetery.
Sec. 585. Reports on security force personnel performing protection
level one duties.
Sec. 586. GAO study on tattoo policies of the Armed Forces.
Sec. 587. Briefing regarding best practices for community engagement in
Hawaii.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Basic needs allowance for members on active service in the
Armed Forces.
Sec. 602. Equal incentive pay for members of the reserve components of
the Armed Forces.
Sec. 603. Expansions of certain travel and transportation authorities.
Sec. 604. Repeal of expiring travel and transportation authorities.
[[Page 135 STAT. 1548]]
Sec. 605. Requirements in connection with suspension of retired pay and
retirement annuities.
Sec. 606. Report on relationship between basic allowance for housing and
sizes of military families.
Sec. 607. Report on certain moving expenses for members of the Armed
Forces.
Sec. 608. Report on temporary lodging expenses in competitive housing
markets.
Sec. 609. Report on rental partnership programs.
Subtitle B--Bonus and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
Sec. 621. Extension of paid parental leave.
Sec. 622. Bereavement leave for members of the Armed Forces.
Sec. 623. Travel and transportation allowances for family members to
attend the funeral and memorial services of members.
Sec. 624. Expansion of pilot program to provide financial assistance to
members of the Armed Forces for in-home child care.
Sec. 625. Pilot program on direct hire authority for spouses of members
of the uniformed services at locations outside the United
States.
Sec. 626. Casualty assistance program: reform; establishment of working
group.
Subtitle D--Defense Resale Matters
Sec. 631. Additional sources of funds available for construction,
repair, improvement, and maintenance of commissary stores.
Subtitle E--Miscellaneous Rights and Benefits
Sec. 641. Alexander Lofgren Veterans in Parks program.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Eating disorders treatment for certain members of the Armed
Forces and dependents.
Sec. 702. Addition of preconception and prenatal carrier screening
coverage as benefits under TRICARE program.
Sec. 703. Revisions to TRICARE provider networks.
Sec. 704. Self-initiated referral process for mental health evaluations
of members of the Armed Forces.
Sec. 705. Modifications to pilot program on health care assistance
system.
Sec. 706. Modification of pilot program on receipt of non-generic
prescription maintenance medications under TRICARE pharmacy
benefits program.
Sec. 707. Improvement of postpartum care for members of the Armed Forces
and dependents.
Subtitle B--Health Care Administration
Sec. 711. Modification of certain Defense Health Agency organization
requirements.
Sec. 712. Requirement for consultations relating to military medical
research and Defense Health Agency Research and Development.
Sec. 713. Authorization of program to prevent fraud and abuse in the
military health system.
Sec. 714. Authority of Secretary of Defense and Secretary of Veterans
Affairs to enter into agreements for planning, design, and
construction of facilities to be operated as shared medical
facilities.
Sec. 715. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 716. Establishment of Department of Defense system to track and
record information on vaccine administration.
Sec. 717. Exemption from required physical examination and mental health
assessment for certain members of the reserve components.
Sec. 718. Authorization of provision of instruction at Uniformed
Services University of the Health Sciences to certain Federal
employees.
Sec. 719. Removal of requirement for one year of participation in
certain medical and lifestyle incentive programs of the
Department of Defense to receive benefits under such
programs.
Sec. 720. Department of Defense standards for exemptions from mandatory
COVID-19 vaccines.
Sec. 721. Establishment of centers of excellence for enhanced treatment
of ocular injuries.
Sec. 722. Implementation of integrated product for management of
population health across military health system.
[[Page 135 STAT. 1549]]
Sec. 723. Digital health strategy of Department of Defense.
Sec. 724. Development and update of certain policies relating to
military health system and integrated medical operations.
Sec. 725. Mandatory training on health effects of burn pits.
Sec. 726. Standardization of definitions used by the Department of
Defense for terms related to suicide.
Subtitle C--Reports and Other Matters
Sec. 731. Modifications and reports related to military medical manning
and medical billets.
Sec. 732. Access by United States Government employees and their family
members to certain facilities of Department of Defense for
assessment and treatment of anomalous health conditions.
Sec. 733. Pilot program on cardiac screening at certain military service
academies.
Sec. 734. Pilot program on assistance for mental health appointment
scheduling at military medical treatment facilities.
Sec. 735. Prohibition on availability of funds for certain research
connected to China.
Sec. 736. Limitation on certain discharges solely on the basis of
failure to obey lawful order to receive COVID-19 vaccine.
Sec. 737. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 738. Independent review of suicide prevention and response at
military installations.
Sec. 739. Feasibility and advisability study on establishment of
aeromedical squadron at Joint Base Pearl Harbor-Hickam.
Sec. 740. Study on incidence of breast cancer among members of the Armed
Forces serving on active duty.
Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record
program.
Sec. 742. Comptroller General study on implementation by Department of
Defense of recent statutory requirements to reform the
military health system.
Sec. 743. Study to determine need for a joint fund for Federal
Electronic Health Record Modernization Office.
Sec. 744. Briefing on domestic production of critical active
pharmaceutical ingredients for national security purposes.
Sec. 745. Briefing on substance abuse in the Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Acquisition workforce educational partnerships.
Sec. 802. Prohibition on acquisition of personal protective equipment
from non-allied foreign nations.
Sec. 803. Authority to acquire innovative commercial products and
commercial services using general solicitation competitive
procedures.
Sec. 804. Modifications to contracts subject to cost or pricing data
certification.
Sec. 805. Two-year extension of Selected Acquisition Report requirement.
Sec. 806. Annual report on highest and lowest performing acquisition
programs of the Department of Defense.
Sec. 807. Assessment of impediments and incentives to improving the
acquisition of commercial products and commercial services.
Sec. 808. Briefing on transparency for certain domestic procurement
waivers.
Sec. 809. Report on violations of certain domestic preference laws.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Certain multiyear contracts for acquisition of property:
budget justification materials.
Sec. 812. Extension of demonstration project relating to certain
acquisition personnel management policies and procedures.
Sec. 813. Office of Corrosion Policy and Oversight employee training
requirements.
Sec. 814. Modified condition for prompt contract payment eligibility.
Sec. 815. Modification to procurement of services: data analysis and
requirements validation.
Sec. 816. Limitation on procurement of welded shipboard anchor and
mooring chain for naval vessels.
Sec. 817. Repeal of preference for fixed-price contracts.
Subtitle C--Provisions Relating to Other Transaction Authority
Sec. 821. Modification of other transaction authority for research
projects.
[[Page 135 STAT. 1550]]
Sec. 822. Modification of prize authority for advanced technology
achievements.
Sec. 823. Pilot program on systems engineering determinations.
Sec. 824. Recommendations on the use of other transaction authority.
Sec. 825. Reporting requirement for certain defense acquisition
activities.
Subtitle D--Provisions Relating to Software and Technology
Sec. 831. Technology protection features activities.
Sec. 832. Modification of enhanced transfer of technology developed at
Department of Defense laboratories.
Sec. 833. Pilot program on acquisition practices for emerging
technologies.
Sec. 834. Pilot program to accelerate the procurement and fielding of
innovative technologies.
Sec. 835. Independent study on technical debt in software-intensive
systems.
Sec. 836. Cadre of software development and acquisition experts.
Subtitle E--Provisions Relating to Supply Chain Security
Sec. 841. Modernization of acquisition processes to ensure integrity of
industrial base.
Sec. 842. Modification to analyses of certain activities for action to
address sourcing and industrial capacity.
Sec. 843. Assuring integrity of overseas fuel supplies.
Sec. 844. Assessment of requirements for certain items to address supply
chain vulnerabilities.
Sec. 845. Department of Defense research and development priorities.
Sec. 846. Report on the Manufacturing Engineering Education Program.
Sec. 847. Plan and report on reduction of reliance on services,
supplies, or materials from covered countries.
Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur
Autonomous Region.
Subtitle F--Industrial Base Matters
Sec. 851. Modifications to printed circuit board acquisition
restrictions.
Sec. 852. Modification of pilot program for development of technology-
enhanced capabilities with partnership intermediaries.
Sec. 853. Additional testing of commercial e-commerce portal models.
Sec. 854. Requirement for industry days and requests for information to
be open to allied defense contractors.
Sec. 855. Employment transparency regarding individuals who perform work
in the People's Republic of China.
Sec. 856. Briefing on compliance with contractor lobbying restrictions.
Sec. 857. Congressional oversight of personnel and contracts of private
security contractors.
Subtitle G--Small Business Matters
Sec. 861. Exemption of certain contracts from the periodic inflation
adjustments to the acquisition-related dollar threshold.
Sec. 862. Modification to the pilot program for streamlining awards for
innovative technology projects.
Sec. 863. Protests and appeals relating to eligibility of business
concerns.
Sec. 864. Authority for the Office of Hearings and Appeals to decide
appeals relating to qualified HUBZone small business
concerns.
Sec. 865. Report on unfunded priorities of the Small Business Innovation
Research and Small Business Technology Transfer program.
Sec. 866. Report on Cybersecurity Maturity Model Certification effects
on small business.
Sec. 867. Data on Phase III Small Business Innovation Research and Small
Business Technology Transfer program awards.
Subtitle H--Other Matters
Sec. 871. Mission management pilot program.
Sec. 872. Establishment of mission-oriented pilot programs to close
significant capabilities gaps.
Sec. 873. Independent study on acquisition practices and policies.
Sec. 874. Pilot program to incentivize contracting with employee-owned
businesses.
Sec. 875. Guidance, training, and report on place of performance
contract requirements.
Sec. 876. Notification of certain intergovernmental support agreements.
Sec. 877. Report on requests for equitable adjustment in Department of
the Navy.
Sec. 878. Military standards for armor materials in vehicle
specifications.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Change in eligibility requirements for appointment to certain
Department of Defense leadership positions.
[[Page 135 STAT. 1551]]
Sec. 902. Clarification of treatment of Office of Local Defense
Community Cooperation as a Department of Defense Field
Activity.
Sec. 903. Enhanced role of the Under Secretary of Defense for Research
and Engineering on the Joint Requirements Oversight Council.
Sec. 904. Implementation of repeal of Chief Management Officer of the
Department of Defense.
Sec. 905. Space Force organizational matters and modification of certain
space-related acquisition authorities.
Sec. 906. Assignments for participants in the John S. McCain Strategic
Defense Fellows Program.
Sec. 907. Designation of senior official for implementation of
Electromagnetic Spectrum Superiority Strategy.
Sec. 908. Management innovation activities.
Sec. 909. Digital talent recruiting officer.
Sec. 910. Cross-functional team for emerging threat relating to
anomalous health incidents.
Sec. 911. Alignment of Close Combat Lethality Task Force.
Sec. 912. Independent review of and report on the Unified Command Plan.
Sec. 913. Study and report on the role and organization of space assets
in the reserve components.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Revision of limitation on funding for combatant commands
through Combatant Commander Initiative Fund.
Sec. 1003. Plan for consolidation of information technology systems used
in Department of Defense planning, programming, budgeting,
and execution process.
Sec. 1004. Commission on Planning, Programming, Budgeting, and Execution
Reform.
Subtitle B--Counterdrug Activities
Sec. 1007. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1008. Authority for joint task forces to provide support to law
enforcement agencies conducting counter-terrorism activities.
Subtitle C--Naval Vessels and Shipyards
Sec. 1011. Modification to annual naval vessel construction plan.
Sec. 1012. Improving oversight of Navy contracts for shipbuilding,
conversion, and repair.
Sec. 1013. Codification of requirement for assessments prior to start of
construction on first ship of a shipbuilding program.
Sec. 1014. Limitation on decommissioning or inactivating a battle force
ship before the end of expected service life.
Sec. 1015. Biennial report on shipbuilder training and the defense
industrial base.
Sec. 1016. Annual report on ship maintenance.
Sec. 1017. Navy battle force ship assessment and requirement reporting.
Sec. 1018. Prohibition on use of funds for retirement of Mark VI patrol
boats.
Sec. 1019. Availability of funds for retirement or inactivation of
guided missile cruisers.
Sec. 1020. Review of sustainment key performance parameters for
shipbuilding programs.
Sec. 1021. Assessment of security of global maritime chokepoints.
Sec. 1022. Report on acquisition, delivery, and use of mobility assets
that enable implementation of expeditionary advanced base
operations.
Subtitle D--Counterterrorism
Sec. 1031. Inclusion in counterterrorism briefings of information on use
of military force in collective self-defense.
Sec. 1032. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1033. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1034. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
[[Page 135 STAT. 1552]]
Sec. 1035. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1036. Report on medical care provided to detainees at United States
Naval Station, Guantanamo Bay, Cuba.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Congressional oversight of alternative compensatory control
measures.
Sec. 1042. Modification of notification requirements for sensitive
military operations.
Sec. 1043. Authority to provide space and services to military welfare
societies.
Sec. 1044. Congressional notification of significant Army force
structure changes.
Sec. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as
posse comitatus.
Sec. 1046. Comparative testing reports for certain aircraft.
Sec. 1047. Special operations forces joint operating concept for
competition and conflict.
Sec. 1048. Limitation on availability of certain funding for operation
and maintenance.
Sec. 1049. Limitation on use of certain funds pending submission of
report, strategy, and posture review relating to information
environment.
Sec. 1050. Briefing by Comptroller General and limitation on use of
funds pending compliance with requirement for independent
studies regarding potential cost savings.
Sec. 1051. Survey on relations between members of the Armed Forces and
military communities.
Sec. 1052. Limitation on use of funds pending compliance with certain
statutory reporting requirements.
Sec. 1053. Navy coordination with Coast Guard and Space Force on
aircraft, weapons, tactics, technique, organization, and
equipment of joint concern.
Subtitle F--Studies and Reports
Sec. 1061. Inclusion of support services for Gold Star families in
quadrennial quality of life review.
Sec. 1062. Public availability of semi-annual summaries of reports.
Sec. 1063. Extension of reporting requirement regarding enhancement of
information sharing and coordination of military training
between Department Of Homeland Security and Department Of
Defense.
Sec. 1064. Continuation of certain Department of Defense reporting
requirements.
Sec. 1065. Updated review and enhancement of existing authorities for
using Air Force and Air National Guard modular airborne fire-
fighting systems and other Department of Defense assets to
fight wildfires.
Sec. 1066. Geographic combatant command risk assessment of Air Force
airborne intelligence, surveillance, and reconnaissance
modernization plan.
Sec. 1067. Biennial assessments of Air Force Test Center.
Sec. 1068. Report on 2019 World Military Games.
Sec. 1069. Reports on oversight of Afghanistan.
Sec. 1070. Study and report on Department of Defense excess personal
property program.
Sec. 1071. Optimization of Irregular Warfare Technical Support
Directorate.
Sec. 1072. Assessment of requirements for and management of Army three-
dimensional geospatial data.
Sec. 1073. Required review of Department of Defense unmanned aircraft
systems categorization.
Sec. 1074. Annual report and briefing on Global Force Management
Allocation Plan.
Sec. 1075. Report on World War I and Korean War era Superfund
facilities.
Sec. 1076. Report on implementation of irregular warfare strategy.
Sec. 1077. Study on providing end-to-end electronic voting services for
absent uniformed services voters in locations with limited or
immature postal service.
Sec. 1078. Report on Air Force strategy for acquisition of combat rescue
aircraft and equipment.
Subtitle G--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Modification to Regional Centers for Security Studies.
Sec. 1083. Improvement of transparency and congressional oversight of
civil reserve air fleet.
Sec. 1084. Observance of National Atomic Veterans Day.
Sec. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation
Operations.
Sec. 1086. National Museum of the Surface Navy.
[[Page 135 STAT. 1553]]
Sec. 1087. Authorization for memorial for members of the Armed Forces
killed in attack on Hamid Karzai International Airport.
Sec. 1088. Treatment of operational data from Afghanistan.
Sec. 1089. Responsibilities for national mobilization; personnel
requirements.
Sec. 1090. Independent assessment with respect to Arctic region.
Sec. 1091. National Security Commission on Emerging Biotechnology.
Sec. 1092. Quarterly security briefings on Afghanistan.
Sec. 1093. Transition of funding for non-conventional assisted recovery
capabilities.
Sec. 1094. Afghanistan War Commission Act of 2021.
Sec. 1095. Commission on the National Defense Strategy.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Amendment to diversity and inclusion reporting.
Sec. 1102. Civilian personnel management.
Sec. 1103. Modification of temporary authority to appoint retired
members of the armed forces to positions in the Department of
Defense.
Sec. 1104. Authority to employ civilian faculty members at the Defense
Institute of International Legal Studies.
Sec. 1105. Consideration of employee performance in reductions in force
for civilian positions in the Department of Defense.
Sec. 1106. Repeal of 2-year probationary period.
Sec. 1107. Modification of DARPA personnel management authority to
attract science and engineering experts.
Sec. 1108. Expansion of rate of overtime pay authority for Department of
the Navy employees performing work overseas on naval vessels.
Sec. 1109. Repeal of crediting amounts received against pay of Federal
employee or DC employee serving as a member of the National
Guard of the District of Columbia.
Sec. 1110. Treatment of hours worked under a qualified trade-of-time
arrangement.
Sec. 1111. Parental bereavement leave.
Sec. 1112. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1113. Extension of authority for temporary personnel flexibilities
for Domestic Defense Industrial Base Facilities and Major
Range and Test Facilities Base civilian personnel.
Sec. 1114. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1115. Assessment of Accelerated Promotion Program suspension.
Sec. 1116. Increase in allowance based on duty at remote worksites.
Sec. 1117. Enhancement of recusal for conflicts of personal interest
requirements for Department of Defense officers and
employees.
Sec. 1118. Occupational series for digital career fields.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Administrative support and payment of certain expenses for
covered foreign defense personnel.
Sec. 1202. Authority for certain reimbursable interchange of supplies
and services.
Sec. 1203. Extension of support of special operations for irregular
warfare.
Sec. 1204. Modification and extension of biennial Comptroller General of
the United States audits of programs to build the capacity of
foreign security forces.
Sec. 1205. Temporary authority to pay for travel and subsistence
expenses of foreign national security forces participating in
the training program of the United States-Colombia Action
Plan for Regional Security.
Sec. 1206. Security cooperation strategy for certain combatant commands.
Sec. 1207. Report on security cooperation programs.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Sense of Congress on the service of United States Armed
Forces servicemembers in Afghanistan.
Sec. 1212. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1213. Prohibition on transfer of Department of Defense funds or
resources to the Taliban.
Sec. 1214. Prohibition on transporting currency to the Taliban or the
Islamic Emirate of Afghanistan.
Sec. 1215. Prohibition on removal of publicly available accountings of
military assistance provided to the Afghan security forces.
[[Page 135 STAT. 1554]]
Sec. 1216. Joint report on using the synchronized predeployment and
operational tracker (spot) database to verify Afghan SIV
applicant information.
Sec. 1217. Report and briefing on United States equipment, property, and
classified material that was destroyed or abandoned in the
withdrawal from Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Extension and modification of authority to provide assistance
to vetted Syrian groups and individuals.
Sec. 1222. Defense and diplomatic strategy for Syria.
Sec. 1223. Extension and modification of authority to provide assistance
to counter the Islamic State of Iraq and Syria.
Sec. 1224. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Sec. 1225. Prohibition on transfers to Badr Organization.
Sec. 1226. Prohibition on transfers to Iran.
Sec. 1227. Report on the military capabilities of Iran and related
activities.
Sec. 1228. Sense of Congress on enrichment of uranium by Iran.
Subtitle D--Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Extension of Ukraine Security Assistance Initiative.
Sec. 1233. Extension of authority for training for Eastern European
national security forces in the course of multilateral
exercises.
Sec. 1234. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1235. Report on Russian influence operations and campaigns
targeting military alliances and partnerships of which the
United States is a member.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1241. Extension and modification of Indo-Pacific Maritime Security
Initiative.
Sec. 1242. Extension and modification of Pacific Deterrence Initiative.
Sec. 1243. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1244. Extension of authority to transfer funds for Bien Hoa dioxin
cleanup.
Sec. 1245. Cooperative program with Vietnam to account for Vietnamese
personnel missing in action.
Sec. 1246. Sense of Congress on Taiwan defense relations.
Sec. 1247. Statement of policy on Taiwan.
Sec. 1248. Annual report on Taiwan asymmetric capabilities and
intelligence support.
Sec. 1249. Feasibility briefing on cooperation between the National
Guard and Taiwan.
Sec. 1250. Feasibility report on establishing military-to-military
crisis communications capabilities.
Sec. 1251. Comparative analyses and reports on efforts by the United
States and the People's Republic of China to advance critical
modernization technology with respect to military
applications.
Sec. 1252. Sense of congress on defense alliances and partnerships in
the Indo-Pacific region.
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Matters Relating to Europe and NATO
Sec. 1301. Sense of Congress on North Atlantic Treaty Organization
allies and partners.
Sec. 1302. Report on Armenia-Azerbaijan conflict.
Sec. 1303. Report on the state of United States military investment in
Europe, including the European Deterrence Initiative.
Subtitle B--United States-Greece Defense and Interparliamentary
Partnership Act of 2021
Sec. 1311. Sense of Congress.
Sec. 1312. Funding for the European Recapitalization Incentive Program.
Sec. 1313. Sense of Congress on loan program.
Sec. 1314. Sense of Congress on transfer of F-35 Joint Strike Fighter
aircraft to Greece.
Sec. 1315. IMET cooperation with Greece.
Sec. 1316. Cyprus, Greece, Israel, and the United States 3+1
Interparliamentary Group.
[[Page 135 STAT. 1555]]
Sec. 1317. Appropriate congressional committees.
Subtitle C--Security Cooperation and Assistance
Sec. 1321. Clarification of requirements for contributions by
participants in the American, British, Canadian, and
Australian Armies' Program.
Sec. 1322. Foreign Area Officer assessment and review.
Sec. 1323. Study on certain security cooperation programs.
Sec. 1324. Notification relating to overseas humanitarian, disaster, and
civic aid funds obligated in support of operation allies
welcome.
Subtitle D--Other Matters
Sec. 1331. Extension and modification of authority for certain payments
to redress injury and loss.
Sec. 1332. Secretary of Defense Strategic Competition Initiative.
Sec. 1333. Extension and modification of Department of Defense support
for stabilization activities in national security interest of
the United States.
Sec. 1334. Pilot program to support the implementation of the Women,
Peace, and Security act of 2017.
Sec. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty
sensors.
Sec. 1336. Security assistance in Northern Triangle countries.
Sec. 1337. Report on human rights in Colombia.
Sec. 1338. Report on efforts by the People's Republic of China to expand
its presence and influence in Latin America and the
Caribbean.
Sec. 1339. Extension of prohibition on in-flight refueling to non-United
States aircraft that engage in hostilities in the ongoing
civil war in Yemen.
Sec. 1340. Statement of policy and report on Yemen.
Sec. 1341. Limitation on support to military forces of the Kingdom of
Morocco for multilateral exercises.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B--Other Matters
Sec. 1411. Acquisition of strategic and critical materials from the
national technology and industrial base.
Sec. 1412. Authorization to loan materials in National Defense
Stockpile.
Sec. 1413. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1414. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--CYBERSPACE-RELATED MATTERS
Subtitle A--Matters Related to Cyber Operations and Cyber Forces
Sec. 1501. Development of taxonomy of cyber capabilities.
Sec. 1502. Extension of sunset for pilot program on regional
cybersecurity training center for the Army National Guard.
Sec. 1503. Modification of the Principal Cyber Advisor.
Sec. 1504. Evaluation of Department of Defense cyber governance.
Sec. 1505. Operational technology and mission-relevant terrain in
cyberspace.
Sec. 1506. Matters concerning cyber personnel requirements.
Sec. 1507. Assignment of certain budget control responsibilities to
commander of United States Cyber Command.
Sec. 1508. Coordination between United States Cyber Command and private
sector.
Sec. 1509. Assessment of cyber posture and operational assumptions and
development of targeting strategies and supporting
capabilities.
Sec. 1510. Assessing capabilities to counter adversary use of
ransomware, capabilities, and infrastructure.
Sec. 1511. Comparative analysis of cybersecurity capabilities.
Sec. 1512. Eligibility of owners and operators of critical
infrastructure to receive certain Department of Defense
support and services.
Sec. 1513. Report on potential Department of Defense support and
assistance for increasing the awareness of the Cybersecurity
and Infrastructure Security Agency of cyber threats and
vulnerabilities affecting critical infrastructure.
[[Page 135 STAT. 1556]]
Subtitle B--Matters Related to Department of Defense Cybersecurity and
Information Technology
Sec. 1521. Enterprise-wide procurement of cyber data products and
services.
Sec. 1522. Legacy information technologies and systems accountability.
Sec. 1523. Update relating to responsibilities of Chief Information
Officer.
Sec. 1524. Protective Domain Name System within the Department of
Defense.
Sec. 1525. Cybersecurity of weapon systems.
Sec. 1526. Assessment of controlled unclassified information program.
Sec. 1527. Cyber data management.
Sec. 1528. Zero trust strategy, principles, model architecture, and
implementation plans.
Sec. 1529. Demonstration program for automated security validation
tools.
Sec. 1530. Improvements to consortium of universities to advise
Secretary of Defense on cybersecurity matters.
Sec. 1531. Digital development infrastructure plan and working group.
Sec. 1532. Study regarding establishment within the Department of
Defense of a designated central program office to oversee
academic engagement programs relating to establishing cyber
talent across the Department.
Sec. 1533. Report on the Cybersecurity Maturity Model Certification
program.
Sec. 1534. Deadline for reports on assessment of cyber resiliency of
nuclear command and control system.
Subtitle C--Matters Related to Federal Cybersecurity
Sec. 1541. Capabilities of the Cybersecurity and Infrastructure Security
Agency to identify threats to industrial control systems.
Sec. 1542. Cybersecurity vulnerabilities.
Sec. 1543. Report on cybersecurity vulnerabilities.
Sec. 1544. Competition relating to cybersecurity vulnerabilities.
Sec. 1545. Strategy.
Sec. 1546. Cyber incident response plan.
Sec. 1547. National cyber exercise program.
Sec. 1548. CyberSentry program of the Cybersecurity and Infrastructure
Security Agency.
Sec. 1549. Strategic assessment relating to innovation of information
systems and cybersecurity threats.
Sec. 1550. Pilot program on public-private partnerships with internet
ecosystem companies to detect and disrupt adversary cyber
operations.
Sec. 1551. United States-Israel cybersecurity cooperation.
Sec. 1552. Authority for National Cyber Director to accept details on
nonreimbursable basis.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. National security space launch program.
Sec. 1602. Redesignation of Space Force Acquisition Council;
modifications relating to Assistant Secretary of the Air
Force for Space Acquisition and Integration.
Sec. 1603. Delegation of Authorities to Space Development Agency.
Sec. 1604. Extension and modification of Council on Oversight of the
Department of Defense Positioning, Navigation, and Timing
Enterprise.
Sec. 1605. Improvements to tactically responsive space launch program.
Sec. 1606. Clarification of domestic services and capabilities in
leveraging commercial satellite remote sensing.
Sec. 1607. Programs of record of Space Force and commercial
capabilities.
Sec. 1608. Extension and modification of certifications regarding
integrated tactical warning and attack assessment mission of
the Air Force.
Sec. 1609. Classification review of programs of the Space Force.
Sec. 1610. Report on Range of the Future initiative of the Space Force.
Sec. 1611. Space policy review.
Sec. 1612. Annual briefing on threats to space operations.
Sec. 1613. National Security Council briefing on potential harmful
interference to Global Positioning System.
Sec. 1614. Non-geostationary orbit satellite constellations.
Sec. 1615. Briefing on prototype program for multiglobal navigation
satellite system receiver development.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Notification of certain threats to United States Armed Forces
by foreign governments.
[[Page 135 STAT. 1557]]
Sec. 1622. Strategy and plan to implement certain defense intelligence
reforms.
Sec. 1623. Annual briefing by Director of the Defense Intelligence
Agency on electronic warfare threat to operations of the
Department of Defense.
Sec. 1624. Report on explosive ordnance intelligence matters.
Subtitle C--Nuclear Forces
Sec. 1631. Participation in United States Strategic Command strategic
deterrence exercises.
Sec. 1632. Modification to requirements relating to nuclear force
reductions.
Sec. 1633. Modifications to requirements relating to unilateral changes
in nuclear weapons stockpile of the United States.
Sec. 1634. Deadline for reports on modification of force structure for
strategic nuclear weapons delivery systems.
Sec. 1635. Modification of deadline for notifications relating to
reduction, consolidation, or withdrawal of nuclear forces
based in Europe.
Sec. 1636. Procurement authority for certain parts of the ground-based
strategic deterrent cryptographic device.
Sec. 1637. Capability of B-21 bomber aircraft with long-range standoff
weapon.
Sec. 1638. Mission-design series popular name for ground-based strategic
deterrent.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1640. Limitation on availability of certain funds until submission
of information relating to proposed budget for nuclear-armed
sea-launched cruise missile.
Sec. 1641. Limitation on availability of certain funds until submission
of information relating to nuclear-armed sea-launched cruise
missile.
Sec. 1642. Annual certification on readiness of Minuteman III
intercontinental ballistic missiles.
Sec. 1643. Revised nuclear posture review.
Sec. 1644. Review of safety, security, and reliability of nuclear
weapons and related systems.
Sec. 1645. Long-range standoff weapon.
Sec. 1646. Ground-based strategic deterrent development program
accountability matrices.
Sec. 1647. Information regarding review of Minuteman III service life
extension program or options for the future of the
intercontinental ballistic missile force.
Sec. 1648. Notification regarding intercontinental ballistic missiles of
China.
Sec. 1649. Independent review of nuclear command, control, and
communications system.
Sec. 1650. Review of engineering and manufacturing development contract
for ground-based strategic deterrent program.
Sec. 1651. Report on re-alerting long-range bombers.
Sec. 1652. Comptroller General study and updated report on nuclear
weapons capabilities and force structure requirements.
Sec. 1653. Briefing on consultations with United States allies regarding
Nuclear Posture Review.
Subtitle D--Missile Defense Programs
Sec. 1661. Notification of changes to non-standard acquisition and
requirements processes and responsibilities of Missile
Defense Agency.
Sec. 1662. Limitation on Missile Defense Agency production of satellites
and ground systems associated with operation of such
satellites.
Sec. 1663. Extension of period for transition of ballistic missile
defense programs to military departments.
Sec. 1664. Directed energy programs for ballistic and hypersonic missile
defense.
Sec. 1665. Guam integrated air and missile defense system.
Sec. 1666. Missile defense radar in Hawaii.
Sec. 1667. Certification required for Russia and China to tour certain
missile defense sites.
Sec. 1668. Next generation interceptors for missile defense of the
United States homeland.
Sec. 1669. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1670. Update of study on discrimination capabilities of the
ballistic missile defense system.
Sec. 1671. Semiannual updates on meetings held by the Missile Defense
Executive Board.
Sec. 1672. Matters regarding Integrated Deterrence Review.
Sec. 1673. Semiannual notifications regarding missile defense tests and
costs.
Sec. 1674. Report on senior leadership of Missile Defense Agency.
[[Page 135 STAT. 1558]]
Sec. 1675. Independent study of roles and responsibilities of Department
of Defense components relating to missile defense.
Subtitle E--Other Matters
Sec. 1681. Cooperative threat reduction funds.
Sec. 1682. Modification to estimate of damages from Federal
Communications Commission Order 20-48.
Sec. 1683. Establishment of office, organizational structure, and
authorities to address unidentified aerial phenomena.
Sec. 1684. Determination on certain activities with unusually hazardous
risks.
Sec. 1685. Study by Public Interest Declassification Board relating to
certain tests in the Marshall Islands.
Sec. 1686. Protection of Major Range and Test Facility Base.
Sec. 1687. Congressional Commission on the Strategic Posture of the
United States.
TITLE XVII--TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND
REORGANIZATION OF DEFENSE ACQUISITION STATUTES
Sec. 1701. Technical, conforming, and clerical amendments related to
title XVIII of the Fiscal Year 2021 NDAA.
Sec. 1702. Conforming cross reference technical amendments related to
the transfer and reorganization of defense acquisition
statutes.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date and automatic execution of conforming changes
to tables of sections, tables of contents, and similar
tabular entries.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to carry out certain fiscal year 2017
project.
Sec. 2105. Additional authority to carry out fiscal year 2018 project at
Fort Bliss, Texas.
Sec. 2106. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2107. Additional authorized funding source for certain fiscal year
2022 project.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2017
projects.
Sec. 2305. Modification of authority to carry out military construction
projects at Tyndall Air Force Base, Florida.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension and modification of authority to carry out certain
fiscal years 2017 and 2019 projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
[[Page 135 STAT. 1559]]
Sec. 2512. Republic of Poland funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
Sec. 2703. Conditions on closure of certain portion of Pueblo Chemical
Depot and Chemical Agent-Destruction Pilot Plant, Colorado.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
Sec. 2801. Public availability of information on Facilities Sustainment,
Restoration, and Modernization projects.
Sec. 2802. Limitations on authorized cost and scope of work variations.
Sec. 2803. Department of Defense stormwater management projects for
military installations and defense access roads.
Sec. 2804. Use of amounts available for operation and maintenance in
carrying out military construction projects for energy
resilience, energy security, or energy conservation.
Sec. 2805. Flood risk management for military construction.
Sec. 2806. Modification and extension of temporary, limited authority to
use operation and maintenance funds for construction projects
in certain areas outside the United States.
Subtitle B--Continuation of Military Housing Reforms
Sec. 2811. Modification of calculation of military housing contractor
pay for privatized military housing.
Sec. 2812. Applicability of window fall prevention requirements to all
military family housing whether privatized or Government-
owned and Government-controlled.
Sec. 2813. Applicability of disability laws to privatized military
housing units and clarification of prohibition against
collection from tenants of amounts in addition to rent.
Sec. 2814. Required investments in improving military unaccompanied
housing.
Sec. 2815. Improvement of security of lodging and living spaces on
military installations.
Sec. 2816. Improvement of Department of Defense child development
centers and increased availability of child care for children
of military personnel.
Subtitle C--Real Property and Facilities Administration
Sec. 2821. Secretary of the Navy authority to support development and
operation of National Museum of the United States Navy.
Sec. 2822. Expansion of Secretary of the Navy authority to lease and
license United States Navy museum facilities to generate
revenue to support museum administration and operations.
Subtitle D--Military Facilities Master Plan Requirements
Sec. 2831. Cooperation with State and local governments in development
of master plans for major military installations.
Sec. 2832. Additional changes to requirements regarding master plans for
major military installations.
Sec. 2833. Prompt completion of military installation resilience
component of master plans for at-risk major military
installations.
Sec. 2834. Master plans and investment strategies for Army ammunition
plants guiding future infrastructure, facility, and
production equipment improvements.
[[Page 135 STAT. 1560]]
Subtitle E--Matters Related to Unified Facilities Criteria and Military
Construction Planning and Design
Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion
of private nursing and lactation space in certain military
construction projects.
Sec. 2842. Revisions to Unified Facilities Criteria regarding use of
variable refrigerant flow systems.
Sec. 2843. Amendment of Unified Facilities Criteria to promote energy
efficient military installations.
Sec. 2844. Additional Department of Defense activities to improve energy
resiliency of military installations.
Subtitle F--Land Conveyances
Sec. 2851. Modification of restrictions on use of former Navy property
conveyed to University of California, San Diego, California.
Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts.
Sec. 2853. Land conveyance, Saint Joseph, Missouri.
Sec. 2854. Land conveyance, Department of Defense excess property, St.
Louis, Missouri.
Sec. 2855. Land conveyance, Marine Corps Air Station, Cherry Point,
North Carolina.
Sec. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach,
Virginia, to City of Virginia Beach, Virginia.
Sec. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach,
Virginia, to School Board of City of Virginia Beach,
Virginia.
Subtitle G--Authorized Pilot Programs
Sec. 2861. Pilot program on increased use of sustainable building
materials in military construction.
Sec. 2862. Pilot program on establishment of account for reimbursement
for use of testing facilities at installations of the
Department of the Air Force.
Subtitle H--Asia-Pacific and Indo-Pacific Issues
Sec. 2871. Improved oversight of certain infrastructure services
provided by Naval Facilities Engineering Systems Command
Pacific.
Sec. 2872. Annual congressional briefing on renewal of Department of
Defense easements and leases of land in Hawai`i.
Sec. 2873. Hawai`i Military Land Use Master Plan.
Subtitle I--One-Time Reports and Other Matters
Sec. 2881. Clarification of installation and maintenance requirements
regarding fire extinguishers in Department of Defense
facilities.
Sec. 2882. GAO review and report of military construction contracting at
military installations inside the United States.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Plutonium pit production capacity.
Sec. 3112. Improvements to cost estimates informing analyses of
alternatives.
Sec. 3113. University-based defense nuclear policy collaboration
program.
Sec. 3114. Defense environmental cleanup programs.
Sec. 3115. Modification of requirements for certain construction
projects.
Sec. 3116. Updates to infrastructure modernization initiative.
Sec. 3117. Extension of authority for appointment of certain scientific,
engineering, and technical personnel.
Sec. 3118. Extension of authority for acceptance of contributions for
acceleration of removal or security of fissile materials,
radiological materials, and related equipment at vulnerable
sites worldwide.
Sec. 3119. Extension of enhanced procurement authority to manage supply
chain risk.
Sec. 3120. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
[[Page 135 STAT. 1561]]
Sec. 3121. Portfolio management framework for National Nuclear Security
Administration.
Subtitle C--Reports and Other Matters
Sec. 3131. Modifications to certain reporting requirements.
Sec. 3132. Modification to terminology for reports on financial balances
for atomic energy defense activities.
Sec. 3133. Improvements to annual reports on condition of the United
States nuclear weapons stockpile.
Sec. 3134. Report on plant-directed research and development.
Sec. 3135. Reports on risks to and gaps in industrial base for nuclear
weapons components, subsystems, and materials.
Sec. 3136. Transfer of building located at 4170 Allium Court,
Springfield, Ohio.
Sec. 3137. Comprehensive strategy for treating, storing, and disposing
of defense nuclear waste resulting from stockpile maintenance
and modernization activities.
Sec. 3138. Acquisition of high-performance computing capabilities by
National Nuclear Security Administration.
Sec. 3139. Study on the W80-4 nuclear warhead life extension program.
Sec. 3140. Study on Runit Dome and related hazards.
Sec. 3141. Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. References to Chairperson and Vice Chairperson of Defense
Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME SECURITY
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Subtitle B--Other Matters
Sec. 3511. Effective period for issuance of documentation for
recreational vessels.
Sec. 3512. Committees on maritime matters.
Sec. 3513. Port Infrastructure Development Program.
Sec. 3514. Uses of emerging marine technologies and practices.
Sec. 3515. Prohibition on participation of long term charters in Tanker
Security Fleet.
Sec. 3516. Coastwise endorsement.
Sec. 3517. Report on efforts of combatant commands to combat threats
posed by illegal, unreported, and unregulated fishing.
Sec. 3518. Authorization to purchase duplicate medals.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
[[Page 135 STAT. 1562]]
DIVISION E--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2021
Sec. 5001. Short title.
Sec. 5002. Definitions.
TITLE LI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 5101. Sense of Congress on importance of Department of State's
work.
Sec. 5102. Assistant Secretary for International Narcotics and Law
Enforcement Affairs.
Sec. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees,
and Migration.
Sec. 5104. Office of International Disability Rights.
Sec. 5105. Special appointment authority.
Sec. 5106. Repeal of authority for Special Representative and Policy
Coordinator for Burma.
Sec. 5107. Anti-piracy information sharing.
Sec. 5108. Importance of foreign affairs training to national security.
Sec. 5109. Classification and assignment of Foreign Service officers.
Sec. 5110. Reporting on implementation of GAO recommendations.
Sec. 5111. Extension of period for reimbursement of fishermen for costs
incurred from the illegal seizure and detention of U.S.-flag
fishing vessels by foreign governments.
Sec. 5112. Art in embassies.
Sec. 5113. International fairs and expositions.
Sec. 5114. Amendment or repeal of reporting requirements.
TITLE LII--EMBASSY CONSTRUCTION
Sec. 5201. Embassy security, construction, and maintenance.
Sec. 5202. Standard design in capital construction.
Sec. 5203. Capital construction transparency.
Sec. 5204. Contractor performance information.
Sec. 5205. Growth projections for new embassies and consulates.
Sec. 5206. Long-range planning process.
Sec. 5207. Value engineering and risk assessment.
Sec. 5208. Business volume.
Sec. 5209. Embassy security requests and deficiencies.
Sec. 5210. Overseas security briefings.
Sec. 5211. Contracting methods in capital construction.
Sec. 5212. Competition in embassy construction.
Sec. 5213. Statement of policy.
Sec. 5214. Definitions.
TITLE LIII--PERSONNEL ISSUES
Sec. 5301. Defense Base Act insurance waivers.
Sec. 5302. Study on Foreign Service allowances.
Sec. 5303. Science and technology fellowships.
Sec. 5304. Travel for separated families.
Sec. 5305. Home leave travel for separated families.
Sec. 5306. Sense of Congress regarding certain fellowship programs.
Sec. 5307. Technical correction.
Sec. 5308. Foreign Service awards.
Sec. 5309. Workforce actions.
Sec. 5310. Sense of Congress regarding veterans employment at the
Department of State.
Sec. 5311. Employee assignment restrictions and preclusions.
Sec. 5312. Recall and reemployment of career members.
Sec. 5313. Strategic staffing plan for the Department of State.
Sec. 5314. Consulting services.
Sec. 5315. Incentives for critical posts.
Sec. 5316. Extension of authority for certain accountability review
boards.
Sec. 5317. Foreign Service suspension without pay.
Sec. 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes.
Sec. 5319. Waiver authority for individual occupational requirements of
certain positions.
Sec. 5320. Appointment of employees to the Global Engagement Center.
Sec. 5321. Competitive status for certain employees hired by Inspectors
General to support the lead IG mission.
Sec. 5322. Report relating to Foreign Service Officer training and
development.
Sec. 5323. Cooperation with Office of the Inspector General.
Sec. 5324. Information on educational opportunities for children with
special education needs consistent with the Individuals with
Disabilities Education Act.
[[Page 135 STAT. 1563]]
Sec. 5325. Implementation of gap memorandum in selection board process.
TITLE LIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 5401. Definitions.
Sec. 5402. Exit interviews for workforce.
Sec. 5403. Recruitment and retention.
Sec. 5404. Leadership engagement and accountability.
Sec. 5405. Professional development opportunities and tools.
Sec. 5406. Examination and oral assessment for the Foreign Service.
Sec. 5407. Payne fellowship authorization.
Sec. 5408. Voluntary participation.
TITLE LV--INFORMATION SECURITY
Sec. 5501. Definitions.
Sec. 5502. List of certain telecommunications providers.
Sec. 5503. Preserving records of electronic communications.
Sec. 5504. Foreign Relations of the United States (FRUS) series and
declassification.
TITLE LVI--PUBLIC DIPLOMACY
Sec. 5601. Short title.
Sec. 5602. Avoiding duplication of programs and efforts.
Sec. 5603. Improving research and evaluation of public diplomacy.
Sec. 5604. Permanent reauthorization of the United States Advisory
Commission on Public Diplomacy.
Sec. 5605. Streamlining of support functions.
Sec. 5606. Guidance for closure of public diplomacy facilities.
Sec. 5607. Definitions.
TITLE LVII--OTHER MATTERS
Sec. 5701. Limitation on assistance to countries in default.
Sec. 5702. Sean and David Goldman Child Abduction Prevention and Return
Act of 2014 amendment.
Sec. 5703. Chief of mission concurrence.
Sec. 5704. Report on efforts of the Coronavirus Repatriation Task Force.
DIVISION F--OTHER NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LXI--FINANCIAL SERVICES MATTERS
Sec. 6101. FinCEN Exchange.
Sec. 6102. Adverse information in cases of trafficking.
Sec. 6103. Support to enhance the capacity of International Monetary
Fund members to evaluate the legal and financial terms of
sovereign debt contracts.
Sec. 6104. United States policy on Burma at the International Monetary
Fund, the World Bank Group, and the Asian Development Bank.
Sec. 6105. United States policy regarding international financial
institution assistance with respect to advanced wireless
technologies.
Sec. 6106. Illicit finance improvements.
Sec. 6107. Briefing on delegation of examination authority under the
Bank Secrecy Act.
TITLE LXII--FOREIGN SERVICE FAMILIES ACT OF 2021
Sec. 6201. Short title.
Sec. 6202. Telecommuting opportunities.
Sec. 6203. Employment and education programs for eligible family members
of members of the Foreign Service.
Sec. 6204. Briefing on Foreign Service family reserve corps.
Sec. 6205. Treatment of family members seeking positions customarily
filled by Foreign Service officers or foreign national
employees.
Sec. 6206. In-State tuition rates for members of qualifying Federal
service.
Sec. 6207. Termination of residential or motor vehicle leases and
telephone service contracts for certain members of the
Foreign Service.
TITLE LXIII--BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION
MODERNIZATION ACT
Sec. 6301. Short title.
Sec. 6302. Clarifying amendments to definitions.
Sec. 6303. Barry Goldwater Scholarship and Excellence in Education
Awards.
[[Page 135 STAT. 1564]]
Sec. 6304. Stipends.
Sec. 6305. Scholarship and research internship conditions.
Sec. 6306. Sustainable investments of funds.
Sec. 6307. Administrative provisions.
TITLE LXIV--DEPARTMENT OF HOMELAND SECURITY MEASURES
Subtitle A--DHS Headquarters, Research and Development, and Related
Matters
Sec. 6401. Employee engagement steering committee and action plan.
Sec. 6402. Annual employee award program.
Sec. 6403. Chief Human Capital Officer responsibilities.
Sec. 6404. Independent investigation and implementation plan.
Sec. 6405. Authorization of the acquisition professional career program.
Sec. 6406. National urban security technology laboratory.
Sec. 6407. Department of Homeland Security Blue Campaign enhancement.
Sec. 6408. Medical countermeasures program.
Sec. 6409. Critical domain research and development.
Sec. 6410. CBP Donations Acceptance Program Reauthorization.
Subtitle B--Transportation Security
Sec. 6411. Survey of the Transportation Security Administration
workforce regarding COVID-19 response.
Sec. 6412. Transportation Security Preparedness Plan.
Sec. 6413. Authorization of Transportation Security Administration
personnel details.
Sec. 6414. Transportation Security Administration preparedness.
Sec. 6415. Plan to reduce the spread of coronavirus at passenger
screening checkpoints.
Sec. 6416. Comptroller General review of Department of Homeland Security
trusted traveler programs.
Sec. 6417. Enrollment redress with respect to Department of Homeland
Security trusted traveler programs.
Sec. 6418. Threat information sharing.
Sec. 6419. Local law enforcement security training.
Sec. 6420. Allowable uses of funds for public transportation security
assistance grants.
Sec. 6421. Periods of performance for public transportation security
assistance grants.
Sec. 6422. GAO review of public transportation security assistance grant
program.
Sec. 6423. Sensitive security information; aviation security.
TITLE LXV--OTHER MATTERS RELATING TO FOREIGN AFFAIRS
Sec. 6501. Authorization for United States Participation in the
Coalition for Epidemic Preparedness Innovations.
Sec. 6502. Required notification and reports related to Peacekeeping
Operations account.
Sec. 6503. Transnational Repression Accountability and Prevention.
Sec. 6504. Human rights awareness for American athletic delegations.
Sec. 6505. Cooperation between the United States and Ukraine regarding
the titanium industry.
Sec. 6506. Updates to the National Strategy for Combating Terrorist and
Other Illicit Financing.
Sec. 6507. Report on net worth of Syrian President Bashar al-Assad.
Sec. 6508. Annual report on United States policy toward South Sudan.
Sec. 6509. Strategy for engagement with Southeast Asia and ASEAN.
Sec. 6510. Supporting democracy in Burma.
Sec. 6511. United States Grand Strategy with respect to China.
TITLE LXVI--OTHER MATTERS
Sec. 6601. Eligibility of certain individuals who served with special
guerrilla units or irregular forces in Laos for interment in
national cemeteries.
Sec. 6602. Expansion of scope of Department of Veterans Affairs open
burn pit registry to include open burn pits in Egypt and
Syria.
Sec. 6603. Anomalous health incidents interagency coordinator.
Sec. 6604. Chief Human Capital Officers Council annual report.
Sec. 6605. National Global War on Terrorism Memorial.
Sec. 6606. Establishment of Subcommittee on the Economic and Security
Implications of Quantum Information Science.
Sec. 6607. Study and report on the redistribution of COVID-19 vaccine
doses that would otherwise expire to foreign countries and
economies.
Sec. 6608. Catawba Indian Nation lands.
[[Page 135 STAT. 1565]]
Sec. 6609. Property disposition for affordable housing.
Sec. 6610. Blocking deadly fentanyl imports.
SEC. 3. <<NOTE: 10 USC 101 note. Definition.>> CONGRESSIONAL
DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United States
Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference report or
amendment between the Houses.
SEC. 5. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
section of the Congressional Record on or about December 8, 2021, by the
Chairman of the Committee on Armed Services of the House of
Representatives and the Chairman of the Committee on Armed Services of
the Senate, shall have the same effect with respect to the
implementation of this Act as if it were a joint explanatory statement
of a committee of conference.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Modification of deployment by the Army of interim cruise
missile defense capability.
Sec. 112. Multiyear procurement authority for AH-64E Apache helicopters.
Sec. 113. Multiyear procurement authority for UH-60M and HH-60M Black
Hawk helicopters.
Sec. 114. Continuation of Soldier Enhancement Program.
Sec. 115. Limitation on availability of funds pending report on the
Integrated Visual Augmentation System.
Sec. 116. Strategy and authority for the procurement of components for
the next generation squad weapon.
Subtitle C--Navy Programs
Sec. 121. Extension of procurement authority for certain amphibious
shipbuilding programs.
Sec. 122. Extension of prohibition on availability of funds for Navy
port waterborne security barriers.
Sec. 123. Extension of report on Littoral Combat Ship mission packages.
Sec. 124. Incorporation of advanced degaussing systems into Arleigh
Burke class destroyers.
Sec. 125. Report on the potential benefits of a multiyear contract for
the procurement of Flight III Arleigh Burke class destroyers.
Sec. 126. Acquisition, modernization, and sustainment plan for carrier
air wings.
Sec. 127. Report on material readiness of Virginia class submarines of
the Navy.
Subtitle D--Air Force Programs
Sec. 131. Extension of inventory requirement for Air Force fighter
aircraft.
[[Page 135 STAT. 1566]]
Sec. 132. Contract for logistics support for VC-25B aircraft.
Sec. 133. Prohibition on certain reductions to B-1 bomber aircraft
squadrons.
Sec. 134. Prohibition on use of funds for retirement of A-10 aircraft.
Sec. 135. Limitation on availability of funds for the B-52 Commercial
Engine Replacement Program.
Sec. 136. Limitation on availability of funds pending information on
bridge tanker aircraft.
Sec. 137. Inventory requirements and limitations relating to certain air
refueling tanker aircraft.
Sec. 138. Minimum inventory of tactical airlift aircraft.
Sec. 139. Report relating to reduction of total number of tactical
airlift aircraft.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. Implementation of affordability, operational, and sustainment
cost constraints for the F-35 aircraft program.
Sec. 142. Transfer of F-35 program responsibilities from the F-35 Joint
Program Office to the Department of the Air Force and the
Department of the Navy.
Sec. 143. Limitation on availability of funds for air-based and space-
based ground moving target indicator capabilities.
Sec. 144. Limitation on availability of funds for procurement of
aircraft systems for the armed overwatch program.
Sec. 145. Analysis of certain radar investment options.
Sec. 146. Review and briefing on fielded major weapon systems.
Sec. 147. Reports on exercise of waiver authority with respect to
certain aircraft ejection seats.
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2022
for procurement for the Army, the Navy and the Marine Corps, the Air
Force and the Space Force, and Defense-wide activities, as specified in
the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. MODIFICATION OF DEPLOYMENT BY THE ARMY OF INTERIM CRUISE
MISSILE DEFENSE CAPABILITY.
Section 112(b) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1660), as
amended by section 111(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283), <<NOTE: 134 Stat. 3423.>> is further amended--
(1) <<NOTE: Deadline.>> in paragraph (1), by striking
``shall deploy the capability as follows:'' and all that follows
through the period at the end and inserting ``shall deploy two
batteries of the capability by not later than September 30,
2020.'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking
``deadlines'' and inserting ``deadline'';
(B) in the matter preceding subparagraph (A), by
striking ``deadlines'' and inserting ``deadline'';
(C) in subparagraph (F), by adding ``and'' at the
end;
(D) by striking subparagraph (G); and
(E) by redesignating subparagraph (H) as
subparagraph (G); and
(3) <<NOTE: Determination.>> in paragraph (4), by striking
``deadlines specified in paragraph (1):'' and all that follows
through the period at
[[Page 135 STAT. 1567]]
the end and inserting ``deadline specified in paragraph (1) if
the Secretary determines that sufficient funds have not been
appropriated to enable the Secretary to meet such deadline.''.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR AH-64E APACHE
HELICOPTERS.
(a) <<NOTE: Effective date.>> Authority for Multiyear
Procurement.--Subject to section 2306b of title 10, United States Code,
the Secretary of the Army may enter into one or more multiyear
contracts, beginning with the fiscal year 2022 program year, for the
procurement of AH-64E Apache helicopters.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2022 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR UH-60M AND HH-60M
BLACK HAWK HELICOPTERS.
(a) <<NOTE: Effective date.>> Authority for Multiyear
Procurement.--Subject to section 2306b of title 10, United States Code,
the Secretary of the Army may enter into one or more multiyear
contracts, beginning with the fiscal year 2022 program year, for the
procurement of UH-60M and HH-60M Black Hawk helicopters.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2022 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 114. <<NOTE: 10 USC 7532 note prec.>> CONTINUATION OF
SOLDIER ENHANCEMENT PROGRAM.
(a) Requirement to Continue Program.--The Secretary of the Army,
acting through the Assistant Secretary of the Army for Acquisition,
Logistics, and Technology in accordance with subsection (b), shall
continue to carry out the Soldier Enhancement Program established
pursuant to section 203 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Sat. 1394).
(b) <<NOTE: Designation.>> Responsible Official.--The Secretary of
the Army shall designate the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology as the official in the Department
of the Army with principal responsibility for the management of the
Soldier Enhancement Program under subsection (a).
(c) Duties.--The duties of the Soldier Enhancement Program shall
include the identification, research, development, test, and evaluation
of commercially available off-the-shelf items (as defined in section 104
of title 41, United States Code) and software applications to accelerate
the efforts of the Army to integrate, modernize, and enhance weapons and
equipment for use by Army soldiers, including--
(1) lighter, more lethal weapons; and
(2) support equipment, including lighter, more comfortable
load-bearing equipment, field gear, combat clothing,
survivability items, communications equipment, navigational
aids, night vision devices, tactical power, sensors, and lasers.
[[Page 135 STAT. 1568]]
SEC. 115. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT ON
THE INTEGRATED VISUAL AUGMENTATION SYSTEM.
(a) <<NOTE: Effective date.>> Limitation.--Of the funds authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2022 for the Army for procurement for the Integrated Visual
Augmentation System, not more than 75 percent may be obligated or
expended until the date on which the Secretary of the Army submits to
the congressional defense committees the report required under
subsection (b).
(b) Report Required.--
(1) In general.--Not later than the date specified in
paragraph (3), the Secretary of the Army shall submit to the
congressional defense committees a report on the Integrated
Visual Augmentation System of the Army.
(2) <<NOTE: Plans.>> Elements.--The report required by
paragraph (1) shall include the following:
(A) <<NOTE: Certification.>> A certification from
the Secretary of the Army that the Integrated Visual
Augmentation System is sufficiently reliable to meet
operational needs for mean time between failure to
support planned operational mission profiles.
(B) <<NOTE: Certification.>> A certification from
the Secretary of the Army that the tactical network is
sufficiently suitable and reliable to support the
operational employment of the System, including the
System's ability to integrate into command networks.
(C)(i) <<NOTE: Certification.>> A certification
from the Secretary of the Army that the duration of the
System's battery power is suitable and reliable enough
to meet planned operational mission requirements.
(ii) A plan to ensure the battery management of the
System meets such requirements.
(D) A plan to enable the System to display position
location and identification information for adjacent
units, non-System-equipped platforms, and soldiers.
(E) A plan, including critical milestones, to
achieve certified three-dimensional geospatial data
within the System for dynamic and precision targeting.
(F) A basis-of-issue plan based on lessons from the
developmental and operational testing of the System.
(G) A plan for iterative improvements to sensors,
software, and form factor throughout production and
procurement of the System.
(H) Any other matters that the Secretary considers
relevant to the full understanding of the status of and
plan for the System.
(3) <<NOTE: Deadline.>> Date specified.--The date specified
in this paragraph is a date selected by the Secretary of the
Army that is not later than 60 days after the date on which
initial operational testing of the Integrated Visual
Augmentation System of the Army has been completed.
(c) <<NOTE: Deadline.>> Assessment Required.--Not later than 60
days after the date on which the Secretary of the Army submits the
report required under subsection (b), the Director of Operational Test
and Evaluation shall submit to the congressional defense committees an
assessment of the validity, reliability, and objectivity of the report
with respect to each element described in subsection (b)(2).
[[Page 135 STAT. 1569]]
SEC. 116. STRATEGY AND AUTHORITY FOR THE PROCUREMENT OF COMPONENTS
FOR THE NEXT GENERATION SQUAD WEAPON.
(a) Strategy Required.--The Secretary of the Army shall develop and
implement a competitive procurement strategy to identify, test, qualify,
and procure components and accessories for the next generation squad
weapon of the Army, including magazines, that are capable of improving
the performance of such weapon, with an emphasis on the procurement of--
(1) commercially available off-the-shelf items;
(2) nondevelopmental items; and
(3) components and accessories previously developed by the
Army that may be used for such weapon.
(b) Market Survey.--Upon receipt of the initial operational test and
evaluation report for the next generation squad weapon, the Secretary of
the Army shall initiate a market survey to identify components and
accessories for the weapon that meet the criteria described in
subsection (a).
(c) Authorization.--After completing the market survey under
subsection (b), the Secretary of the Army may enter into one or more
contracts for the procurement of components and accessories for the next
generation squad weapon that meet the criteria described in subsection
(a).
(d) <<NOTE: Reports.>> Information to Congress.--Not later than one
year after receiving the initial operational test and evaluation report
for the next generation squad weapon, the Secretary of the Army shall
submit to the congressional defense committees a report that includes--
(1) <<NOTE: Timelines.>> the competitive acquisition
strategy developed under subsection (a), including timelines for
the fielding of components and accessories for such weapon
that--
(A) are commercially available off-the-shelf items
or nondevelopmental items; and
(B) are capable of improving the performance of such
weapon;
(2) <<NOTE: Assessment.>> an assessment of the mean rounds
between stoppage and mean rounds between failure of the next
generation squad weapon, including a comparison of--
(A) the mean rounds between stoppage and mean rounds
between failure of such weapon; and
(B) the mean rounds between stoppage and mean rounds
between failure of currently fielded weapons;
(3) an explanation of whether any items identified in the
market survey conducted under subsection (b) demonstrate the
ability to increase the mean rounds between stoppage or the mean
rounds between failure of the next generation squad weapon; and
(4) <<NOTE: Plan.>> a plan to increase the mean rounds
between stoppage and mean rounds between failure of the next
generation squad weapon.
(e) Definitions.--In this section:
(1) The term ``commercially available off-the-shelf items''
has the meaning given that term in section 104 of title 41,
United States Code.
(2) The term ``nondevelopmental items'' has the meaning
given that term in section 110 of title 41, United States Code.
[[Page 135 STAT. 1570]]
Subtitle C--Navy Programs
SEC. 121. EXTENSION OF PROCUREMENT AUTHORITY FOR CERTAIN
AMPHIBIOUS SHIPBUILDING PROGRAMS.
Section 124(a)(1) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) <<NOTE: 134 Stat. 3426.>> is amended by striking ``fiscal year
2021'' and inserting ``fiscal years 2021 and 2022''.
SEC. 122. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR
NAVY PORT WATERBORNE SECURITY BARRIERS.
Section 130(a) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1665), as most
recently amended by section 127 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283), <<NOTE: 134 Stat. 3429.>> is further amended by striking ``for
fiscal years 2019, 2020, or 2021'' and inserting ``for fiscal years
2019, 2020, 2021, or 2022''.
SEC. 123. EXTENSION OF REPORT ON LITTORAL COMBAT SHIP MISSION
PACKAGES.
Section 123(a)(1) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2030) is amended by
striking ``fiscal year 2022'' and inserting ``fiscal year 2027''.
SEC. 124. INCORPORATION OF ADVANCED DEGAUSSING SYSTEMS INTO
ARLEIGH BURKE CLASS DESTROYERS.
(a) In General.--The Secretary of the Navy shall ensure that an
advanced degaussing system is incorporated into any Arleigh Burke class
destroyer procured in fiscal year 2025 or any subsequent fiscal year
pursuant to a covered contract.
(b) Covered Contract Defined.--In this section, the term ``covered
contract'' means an annual or multiyear contract for the procurement of
an Arleigh Burke class destroyer that is entered into by the Secretary
of the Navy on or after the date of the enactment of this Act.
SEC. 125. REPORT ON THE POTENTIAL BENEFITS OF A MULTIYEAR CONTRACT
FOR THE PROCUREMENT OF FLIGHT III ARLEIGH
BURKE CLASS DESTROYERS.
(a) <<NOTE: Time period.>> In General.--Not later than March 1,
2022, the Secretary of the Navy shall submit to the congressional
defense committees a report on the potential benefits of a multiyear
contract for the period of fiscal years 2023 through 2027 for the
procurement of Flight III Arleigh Burke class destroyers in the
quantities specified in subsection (c).
(b) Elements.--The report required by subsection (a) shall include
preliminary findings, and the basis for such findings, of the Secretary
with respect to whether--
(1) the use of a contract described in such subsection could
result in significant savings compared to the total anticipated
costs of carrying out the program through annual contracts;
(2) the minimum need for the destroyers described in such
subsection to be purchased is expected to remain substantially
unchanged during the contemplated contract period in terms of
production rate, procurement rate, and total quantities;
[[Page 135 STAT. 1571]]
(3) there is a reasonable expectation that throughout the
contemplated contract period the Secretary of Defense will
request funding for the contract at the level required to avoid
contract cancellation;
(4) there is a stable design for the destroyers to be
acquired and that the technical risks associated with such
property are not excessive;
(5) the estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a multiyear
contract are realistic;
(6) the use of such a contract will promote the national
security of the United States; and
(7) a decision not to use such a contract will affect the
industrial base and, if so, the nature of such effects.
(c) Evaluation by Quantity.--The report required by subsection (a)
shall evaluate the potential of procuring each of the following
quantities of Flight III Arleigh Burke-class destroyers over the period
described in such subsection:
(1) 10.
(2) 12.
(3) 15.
(4) Any other quantities the Secretary of the Navy considers
appropriate.
SEC. 126. ACQUISITION, MODERNIZATION, AND SUSTAINMENT PLAN FOR
CARRIER AIR WINGS.
(a) <<NOTE: Deadline. Time period.>> Plan Required.--Not later than
April 1, 2022, the Secretary of the Navy shall submit to the
congressional defense committees a 15-year acquisition, modernization,
and sustainment plan for the carrier air wings of the Navy.
(b) Elements.--The plan required by subsection (a) shall include the
following:
(1)(A) <<NOTE: Assessment.>> An assessment of whether and
to what extent the capabilities, capacity, and composition of
the carrier air wings in existence as of the date of plan meet
the requirements of the National Defense Strategy; and
(B) a plan to address any known shortfalls of such carrier
wings, including shortfalls with respect to aerial refueling
aircraft capacity and strike-fighter combat radius.
(2) <<NOTE: Risk assessment.>> An operational risk
assessment and risk mitigation plan regarding the nine carrier
air wings that, as of the date of the plan, support combatant
commander steady-state peacetime and potential major contingency
requirements.
(3) An explanation of when the Secretary of the Navy will
field a minimum of 10 carrier air wings in accordance with
section 8062(e) of title 10, United States Code.
(4) An identification and explanation of the role of
autonomous and remotely-piloted aircraft, including the MQ-25
aircraft, and other potential capabilities and platforms planned
to be fielded in future carrier air wings.
(5) A detailed deck and hangar space plan that supports
realistic peacetime steady-state or contingency surge level
fixed-wing aircraft and rotorcraft preparation activities,
flight operations, and onboard unit-level maintenance, repair,
and sustainment activities for future carrier air wings.
(6) An appropriate modernization plan to maximize
operational use of platforms in existence as of the date of the
[[Page 135 STAT. 1572]]
plan, particularly the EA-18G aircraft and the E-2D aircraft, by
leveraging available technologies such as Next Generation
Jammer.
(7) An identification of the logistics supply chain support
and modernization plan required during peacetime steady-state
and contingency operations for future carrier air wings,
particularly as it relates to implementing the organic C-130 and
C-40 logistics tethering strategy.
(8) A detailed explanation for the Secretary of the Navy's
decision to modify carrier air wing composition to one squadron
of 14 F-35C aircraft instead of the originally planned two
squadrons of 10 F-35C aircraft.
SEC. 127. REPORT ON MATERIAL READINESS OF VIRGINIA CLASS
SUBMARINES OF THE NAVY.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report on the material readiness of
the Virginia class submarines.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) <<NOTE: Assessment.>> An assessment of the number of
components and parts that have required replacement prior to the
end of their estimated useful life or scheduled replacement
timeline, including efforts to increase the reliability of
``life of ship'' components.
(2) <<NOTE: Assessment. Estimate.>> An assessment of the
extent to which part and material shortages have impacted
deployment and maintenance availability schedules, including an
estimate of the number of active part cannibalizations or other
actions taken to mitigate those impacts.
(3) An identification of the planned lead time to obtain key
material for Virginia class submarines from shipbuilders and
vendors.
(4) An identification of the actual lead time to obtain such
material from shipbuilders and vendors.
(5) An identification of the cost increases of key
components and parts for new construction and maintenance
availabilities above planned material costs.
(6) <<NOTE: Assessment.>> An assessment of potential
courses of action to improve the material readiness of the
Virginia class submarines, including efforts to align new
construction shipyards with maintenance shipyards and Naval Sea
Systems Command to increase predictability of materials and
purchasing power.
(7) <<NOTE: Recommenda- tions.>> Such recommendations as
the Secretary may have for legislative changes, authorities,
realignments, and administrative actions, including reforms of
the Federal Acquisition Regulation, to improve the material
readiness of the Virginia class submarines.
(8) Such other elements as the Secretary considers
appropriate.
[[Page 135 STAT. 1573]]
Subtitle D--Air Force Programs
SEC. 131. EXTENSION OF INVENTORY REQUIREMENT FOR AIR FORCE FIGHTER
AIRCRAFT.
(a) Extension of Inventory Requirement.--Section 9062(i)(1) of title
10, United States Code, is amended by striking ``October 1, 2022'' and
inserting ``October 1, 2026''.
(b) Reports on Retirement of Air Force Fighter Aircraft.--Section
131 of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1314; 10 U.S.C. 9062 note) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Report on Retirement of Aircraft.--
``(1) <<NOTE: Effective date. Assessments.>> In general.--
Beginning with fiscal year 2023, for any fiscal year in which
the Secretary of the Air Force expects the total aircraft
inventory of fighter aircraft of the Air Force or the total
primary mission aircraft inventory of fighter aircraft of the
Air Force to decrease below the levels specified in section
9062(i)(1) of title 10, United States Code, the Secretary of the
Air Force shall submit to the congressional defense committees a
report setting forth the following:
``(A) <<NOTE: Analysis.>> A detailed rationale for
the retirement of existing fighter aircraft and a
detailed operational analysis of the portfolio of
capabilities of the Air Force that demonstrates
performance of the designated mission at an equal or
greater level of effectiveness as the retiring aircraft.
``(B) An assessment of the implications for the Air
Force, the Air National Guard, and the Air Force Reserve
of the force mix ratio of fighter aircraft and how
existing aircraft inventory levels and unit personnel
levels for the active and reserve components are
proposed to change during the fiscal year in which
fighter aircraft will be retired.
``(C) A detailed assessment of the current
operational risk and the operational risk that will be
incurred for meeting--
``(i) the requirements of the National Defense
Strategy and combatant commanders; and
``(ii) operational plans for major contingency
operations and steady-state or rotational
operations.
``(D) Such other matters relating to the retirement
of fighter aircraft as the Secretary considers
appropriate.
``(2) Timing of report.--Each report required under
paragraph (1) shall be included in the materials submitted in
support of the budget of the President (as submitted to Congress
under section 1105(a) of title 31, United States Code) for the
fiscal year in which applicable decrease in fighter aircraft
inventory levels is expected to occur.'';
(2) by striking subsection (c); and
(3) by redesignating subsection (d) as subsection (c).
SEC. 132. CONTRACT FOR LOGISTICS SUPPORT FOR VC-25B AIRCRAFT.
Section 143 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1668) is amended--
[[Page 135 STAT. 1574]]
(1) in paragraph (1), by striking ``, unless otherwise
approved in accordance with established procedures''; and
(2) in paragraph (2), by inserting ``such'' before
``logistics support contract''.
SEC. 133. PROHIBITION ON CERTAIN REDUCTIONS TO B-1 BOMBER AIRCRAFT
SQUADRONS.
(a) Prohibition.--During the covered period, the Secretary of the
Air Force may not--
(1) modify the designed operational capability statement for
any B-1 bomber aircraft squadron, as in effect on the date of
the enactment of this Act, in a manner that would reduce the
capabilities of such a squadron below the levels specified in
such statement as in effect on such date; or
(2) reduce, below the levels in effect on such date of
enactment, the number of personnel assigned to units responsible
for the operation and maintenance of B-1 aircraft if such
reduction would affect the ability of such units to meet the
capability described in paragraph (1).
(b) Exception.--The prohibition under subsection (a) shall not apply
to an individual unit for which the Secretary of the Air Force has
commenced the process of replacing B-1 bomber aircraft with B-21 bomber
aircraft.
(c) Definitions.--In this section:
(1) The term ``covered period'' means the period beginning
on the date of the enactment of this Act and ending on September
30, 2023.
(2) The term ``designed operational capability statement''
has the meaning given that term in Air Force Instruction 10-201.
SEC. 134. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF A-10
AIRCRAFT.
(a) Prohibition.--Notwithstanding sections 134 and 135 of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2037), and except as provided in subsection (b), none of
the funds authorized to be appropriated by this Act for fiscal year 2022
for the Air Force may be obligated to retire, prepare to retire, or
place in storage or on backup aircraft inventory status any A-10
aircraft.
(b) Exception.--
(1) <<NOTE: Determination.>> In general.--The limitation
under subsection (a) shall not apply to an individual A-10
aircraft that the Secretary of the Air Force determines, on a
case-by-case basis, to be no longer mission capable because of a
Class A mishap.
(2) Certification required.--If the Secretary determines
under paragraph (1) that an aircraft is no longer mission
capable, the Secretary shall submit to the congressional defense
committees a certification that the status of such aircraft is
due to a Class A mishap and not due to lack of maintenance or
repairs or other reasons.
(3) Certification additional.--Any certification submitted
under paragraph (2) shall be in addition to the notification and
certification required by section 135(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2039).
[[Page 135 STAT. 1575]]
SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR THE B-52
COMMERCIAL ENGINE REPLACEMENT PROGRAM.
(a) <<NOTE: Effective date. Reports.>> Limitation.--Of the funds
authorized to be appropriated by this Act or otherwise made available
for fiscal year 2022 for the research and development, design,
procurement, or advanced procurement of materials for the B-52
Commercial Engine Replacement Program, not more than 75 percent may be
obligated or expended until the date on which the Secretary of Defense
submits to the congressional defense committees the report described in
section 2432 of title 10, United States Code, for the most recently
concluded fiscal quarter for the B-52 Commercial Engine Replacement
Program in accordance with subsection (b)(1).
(b) Additional Requirements.--
(1) Treatment of baseline estimate.--The Secretary of
Defense shall deem the Baseline Estimate for the B-52 Commercial
Engine Replacement Program for fiscal year 2020 as the original
Baseline Estimate for the Program.
(2) Unit cost reports and critical cost growth.--
(A) Subject to subparagraph (B), the Secretary shall
carry out sections 2433 and 2433a of title 10, United
States Code, with respect to the B-52 Commercial Engine
Replacement Program, as if the Department had submitted
a Selected Acquisition Report for the Program that
included the Baseline Estimate for the Program for
fiscal year 2020 as the original Baseline Estimate,
except that the Secretary shall not carry out
subparagraph (B) or subparagraph (C) of section
2433a(c)(1) of such title with respect to the Program.
(B) In carrying out the review required by section
2433a of such title, the Secretary shall not enter into
a transaction under section 2371 or 2371b of such title,
exercise an option under such a transaction, or
otherwise extend such a transaction with respect to the
B-52 Commercial Engine Replacement Program except to the
extent determined necessary by the milestone decision
authority, on a non-delegable basis, to ensure that the
program can be restructured as intended by the Secretary
without unnecessarily wasting resources.
(c) Definitions.--In this section:
(1) The term ``Baseline Estimate'' has the meaning given the
term in section 2433(a)(2) of title 10, United States Code.
(2) The term ``milestone decision authority'' has the
meaning given the term in section 2366b(g)(3) of title 10,
United States Code.
(3) The term ``original Baseline Estimate'' has the meaning
given the term in section 2435(d)(1) of title 10, United States
Code.
(4) The term ``Selected Acquisition Report'' means a
Selected Acquisition Report submitted to Congress under section
2432 of title 10, United States Code.
SEC. 136. LIMITATION ON AVAILABILITY OF FUNDS PENDING INFORMATION
ON BRIDGE TANKER AIRCRAFT.
(a) <<NOTE: Reports.>> Limitation.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2022 for the Office of the Secretary of the Air Force for travel
expenses,
[[Page 135 STAT. 1576]]
not more than thirty-five percent may be obligated or expended until--
(1) the Vice Chairman of the Joint Chiefs of Staff submits
to the congressional defense committees a report outlining the
requirements for the bridge tanker aircraft; and
(2) the Secretary of the Air Force submits to the
congressional defense committees--
(A) <<NOTE: Acquisition strategy.>> a report
detailing the acquisition strategy for the bridge tanker
aircraft;
(B) <<NOTE: Certification.>> a certification
identifying the amount of funds required for the
acquisition of the bridge tanker aircraft; and
(C) <<NOTE: Plan.>> a plan for the development of
the advanced aerial refueling tanker aircraft (commonly
referred to as the ``KC-Z'').
(b) Bridge Tanker Aircraft Defined.--In this section, the term
``bridge tanker aircraft'' means the follow-on tanker aircraft (commonly
referred to as the ``KC-Y'').
SEC. 137. INVENTORY REQUIREMENTS AND LIMITATIONS RELATING TO
CERTAIN AIR REFUELING TANKER AIRCRAFT.
(a) Repeal of Minimum Inventory Requirements for KC-10A Aircraft.--
Section 135 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) <<NOTE: 134
Stat. 3431.>> is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively;
(3) in subsection (b), as so redesignated, by striking
``subsection (e)'' and inserting ``subsection (d)''; and
(4) by amending subsection (d), as so redesignated, to read
as follows:
``(d) <<NOTE: Time periods.>> Exceptions.--The requirement in
subsection (b) shall not apply to an aircraft otherwise required to be
maintained by that subsection if the Secretary of the Air Force--
``(1) <<NOTE: Determination.>> at any time during the
period beginning on the date of the enactment of this Act and
ending on October 1, 2023, determines, on a case-by-case basis,
that such aircraft is no longer mission capable due to mishap or
other damage, or being uneconomical to repair; or
``(2) <<NOTE: Certification. Deadline.>> during fiscal year
2023, certifies in writing to the congressional defense
committees, not later than 30 days before the date of divestment
of such aircraft, that the Air Force can meet combatant command
tanker aircraft requirements by leveraging Air National Guard
and Air Force Reserve capacity with increased Military Personnel
Appropriation (MPA) Man-day Tours to the reserve force.''.
(b) Limitation on Retirement of KC-135 Aircraft.--
(1) <<NOTE: Time period.>> Limitation.--Notwithstanding
section 135 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) and
except as provided in paragraph (2), the Secretary of the Air
Force may not retire more than 18 KC-135 aircraft during the
period beginning on the date of the enactment of this Act and
ending on October 1, 2023.
(2) <<NOTE: Determination.>> Exception.--The limitation in
paragraph (1) shall not apply to individual KC-135 aircraft that
the Secretary of the
[[Page 135 STAT. 1577]]
Air Force determines, on a case-by-case basis, to be no longer
mission capable because of mishaps, other damage, or being
uneconomical to repair.
(c) Prohibition on Reduction of KC-135 Aircraft in PMAI of the
Reserve Components.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2022 for the Air
Force may be obligated or expended to reduce the number of KC-135
aircraft designated as primary mission aircraft inventory within the
reserve components of the Air Force.
(d) Primary Mission Aircraft Inventory Defined.--In this section,
the term ``primary mission aircraft inventory'' has the meaning given
that term in section 9062(i)(2)(B) of title 10, United States Code.
SEC. 138. MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT.
(a) Minimum Inventory Requirement.--During the covered period, the
Secretary of the Air Force shall maintain a total inventory of tactical
airlift aircraft of not less than 279 aircraft.
(b) <<NOTE: Determination.>> Exception.--The Secretary of the Air
Force may reduce the number of tactical airlift aircraft in the Air
Force below the minimum number specified in subsection (a) if the
Secretary determines, on a case-by-case basis, that an aircraft is no
longer mission capable because of a mishap or other damage.
(c) Covered Period Defined.--In this section, the term ``covered
period'' means the period--
(1) beginning on October 1, 2021; and
(2) ending on the later of--
(A) October 1, 2022; or
(B) the date of the enactment of the next National
Defense Authorization Act enacted after the date of the
enactment of this Act.
SEC. 139. REPORT RELATING TO REDUCTION OF TOTAL NUMBER OF TACTICAL
AIRLIFT AIRCRAFT.
(a) <<NOTE: Plans.>> Report Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of the Air
Force shall submit to the congressional defense committees a report on
any plans of the Air Force to reduce the total number of tactical
airlift aircraft in the inventory of the Air Force.
(b) Elements.--The report required under subsection (a) shall
include, with respect to any plan of the Air Force to reduce the total
number of tactical airlift aircraft--
(1) the justification for such reduction;
(2) an explanation of whether and to what extent domestic
operations was considered as part of such justification;
(3) <<NOTE: Analysis.>> analysis of the role of domestic
operations during concurrent contingency operations;
(4) <<NOTE: Analysis.>> analysis of the C-130 aircraft
force structures recommended to support wartime mobility
requirements as set forth in--
(A) the mobility capability and requirements study
conducted under section 144(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 131 Stat. 1321); and
(B) the mobility capability requirements study
conducted under section 1712 of the National Defense
[[Page 135 STAT. 1578]]
Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 133 Stat. 1803);
(5) the Secretary's justification for any increased risk
that may result from accepting a C-130 aircraft force structure
smaller than the force structure recommended by such studies;
and
(6) an explanation of whether and to what extent Governors
of States that may be affected by the planned reduction were
consulted as part of the decision making process.
(c) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a classified annex.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 141. <<NOTE: Effective dates.>> IMPLEMENTATION OF
AFFORDABILITY, OPERATIONAL, AND
SUSTAINMENT COST CONSTRAINTS FOR THE F-35
AIRCRAFT PROGRAM.
(a) F-35A Quantity Limit for the Air Force.--
(1) Limitation.--Beginning on October 1, 2028, the total
number of F-35A aircraft that the Secretary of the Air Force may
maintain in the aircraft inventory of the Air Force may not
exceed the lesser of--
(A) 1,763; or
(B) the number obtained by--
(i) multiplying 1,763 by the cost-per-tail
factor determined under paragraph (2); and
(ii) rounding the product of the calculation
under clause (i) to the nearest whole number.
(2) Cost-per-tail factor.--For purposes of paragraph (1)(B),
the cost-per-tail factor is equal to--
(A) the affordability cost target for F-35A aircraft
of the Air Force (as determined by the Secretary of the
Air Force in accordance with subsection (e)), divided by
(B) a number equal to the average cost-per-tail-per-
year of the F-35A aircraft of the Air Force during
fiscal year 2027 (as determined by the Secretary of the
Air Force in accordance with subsection (f)).
(b) F-35B Quantity Limit for the Marine Corps.--
(1) Limitation.--Beginning on October 1, 2028, the total
number of F-35B aircraft that the Secretary of the Navy may
maintain in the aircraft inventory of the Marine Corps may not
exceed the lesser of--
(A) 353; or
(B) the number obtained by--
(i) multiplying 353 by the cost-per-tail
factor determined under paragraph (2); and
(ii) rounding the product of the calculation
under clause (i) to the nearest whole number.
(2) Cost-per-tail factor.--For purposes of paragraph (1)(B),
the cost-per-tail factor is equal to--
(A) the affordability cost target for F-35B aircraft
of the Marine Corps (as determined by the Secretary of
the Navy in accordance with subsection (e)), divided by
[[Page 135 STAT. 1579]]
(B) a number equal to the average cost-per-tail-per-
year of the F-35B aircraft of the Marine Corps during
fiscal year 2027 (as determined by the Secretary of the
Navy in accordance with subsection (f)).
(c) F-35C Quantity Limit for the Navy.--
(1) Limitation.--Beginning on October 1, 2028, the total
number of F-35C aircraft that the Secretary of the Navy may
maintain in the aircraft inventory of the Navy may not exceed
the lesser of--
(A) 273; or
(B) the number obtained by--
(i) multiplying 273 by the cost-per-tail
factor determined under paragraph (2); and
(ii) rounding the product of the calculation
under clause (i) to the nearest whole number.
(2) Cost-per-tail factor.--For purposes of paragraph (1)(B),
the cost-per-tail factor is equal to--
(A) the affordability cost target for F-35C aircraft
of the Navy (as determined by the Secretary of the Navy
in accordance with subsection (e)), divided by
(B) a number equal to the average cost-per-tail-per-
year of the F-35C aircraft of the Navy during fiscal
year 2027 (as determined by the Secretary of the Navy in
accordance with subsection (f)).
(d) F-35C Quantity Limit for the Marine Corps.--
(1) Limitation.--Beginning on October 1, 2028, the total
number of F-35C aircraft that the Secretary of the Navy may
maintain in the aircraft inventory of the Marine Corps may not
exceed the lesser of--
(A) 67; or
(B) the number obtained by--
(i) multiplying 67 by the cost-per-tail factor
determined under paragraph (2); and
(ii) rounding the product of the calculation
under clause (i) to the nearest whole number.
(2) Cost-per-tail factor.--For purposes of paragraph (1)(B),
the cost-per-tail factor is equal to--
(A) the affordability cost target for F-35C aircraft
of the Marine Corps (as determined by the Secretary of
the Navy in accordance with subsection (e)), divided by
(B) a number equal to the average cost-per-tail-per-
year of the F-35C aircraft of the Marine Corps during
fiscal year 2027 (as determined by the Secretary of the
Navy in accordance with subsection (f)).
(e) <<NOTE: Deadlines. Certifications.>> Determination of Required
Affordability Cost Targets.--
(1) Air force.--Not later than October 1, 2025, the
Secretary of the Air Force shall--
(A) determine an affordability cost target to be
used for purposes of subsection (a)(2)(A), which shall
be the dollar amount the Secretary determines to
represent the required cost-per-tail-per-year for an F-
35A aircraft of the Air force for fiscal year 2027; and
(B) submit to the congressional defense committees a
certification identifying the affordability cost target
determined under subparagraph (A).
[[Page 135 STAT. 1580]]
(2) Navy and marine corps.--Not later than October 1, 2025,
the Secretary of the Navy shall--
(A) determine an affordability cost target to be
used for purposes of subsection (b)(2)(A), which shall
be the dollar amount the Secretary determines to
represent the required cost-per-tail-per-year for an F-
35B aircraft of the Marine Corps for fiscal year 2027;
(B) determine an affordability cost target to be
used for purposes of subsection (c)(2)(A), which shall
be the dollar amount the Secretary determines to
represent the required cost-per-tail-per-year for an F-
35C aircraft of the Navy for fiscal year 2027;
(C) determine an affordability cost target to be
used for purposes of subsection (d)(2)(A), which shall
be the dollar amount the Secretary determines to
represent the required cost-per-tail-per-year for an F-
35C aircraft of the Marine Corps for fiscal year 2027;
and
(D) submit to the congressional defense committees a
certification identifying each affordability cost target
determined under subparagraphs (A) through (C).
(f) Determination of Actual Cost-per-tail-per-year for Fiscal Year
2027.----
(1) <<NOTE: Deadline.>> In general.--Not later than 90 days
after the end of fiscal year 2027--
(A) the Secretary of the Air Force shall determine
the average cost-per-tail of the F-35A aircraft of the
Air Force during fiscal year 2027; and
(B) the Secretary of the Navy shall determine the
average cost-per-tail of--
(i) the F-35B aircraft of the Marine Corps
during fiscal year 2027;
(ii) the F-35C aircraft of the Navy during
fiscal year 2027; and
(iii) the F-35C aircraft of the Marine Corps
during fiscal year 2027.
(2) Calculation.--For purposes of paragraph (1), the average
cost-per-tail of a variant of an F-35 aircraft of an Armed Force
shall be determined by--
(A) adding the total amount expended for fiscal year
2027 (in base year fiscal 2012 dollars) for all such
aircraft in the inventory of the Armed Force for--
(i) unit level manpower;
(ii) unit operations;
(iii) maintenance;
(iv) sustaining support;
(v) continuing system support; and
(vi) modifications; and
(B) dividing the sum obtained under subparagraph (A)
by the average number of such aircraft in the inventory
of the Armed Force during such fiscal year.
(g) <<NOTE: Certification.>> Waiver Authority.--The Secretary of
Defense may waive the quantity limits under any of subsections (a)
through (d) if, prior to issuing such a waiver, the Secretary certifies
to the congressional defense committees that procuring additional
quantities of a variant of an F-35 aircraft above the applicable
quantity limit are required to meet the national military strategy
requirements
[[Page 135 STAT. 1581]]
of the combatant commanders. The authority of the Secretary under this
subsection may not be delegated.
(h) Aircraft Defined.--In this section, the term ``aircraft'' means
aircraft owned and operated by an Armed Force of the United States and
does not include aircraft owned or operated by an armed force of a
foreign country.
SEC. 142. <<NOTE: Deadlines.>> TRANSFER OF F-35 PROGRAM
RESPONSIBILITIES FROM THE F-35 JOINT
PROGRAM OFFICE TO THE DEPARTMENT OF THE
AIR FORCE AND THE DEPARTMENT OF THE NAVY.
(a) Transfer of Functions.--
(1) Sustainment functions.--Not later than October 1, 2027,
the Secretary of Defense shall transfer all functions relating
to the management, planning, and execution of sustainment
activities for the F-35 aircraft program from the F-35 Joint
Program Office to the Secretary of the Air Force and the
Secretary of the Navy as follows:
(A) All functions of the F-35 Joint Program Office
relating to the management, planning, and execution of
sustainment activities for F-35B and F-35C aircraft
shall be transferred to the Department of the Navy, and
the Secretary of the Navy shall be the official in the
Department of Defense with principal responsibility for
carrying out such functions.
(B) All functions of the F-35 Joint Program Office
relating to the management, planning, and execution of
sustainment activities for F-35A aircraft shall be
transferred to the Department of the Air Force, and the
Secretary of the Air Force shall be the official in the
Department of Defense with principal responsibility for
carrying out such functions.
(2) Acquisition functions.--Not later than October 1, 2029,
the Secretary of Defense shall transfer all acquisition
functions for the F-35 aircraft program from the F-35 Joint
Program Office to the Secretary of the Air Force and the
Secretary of the Navy as follows:
(A) All functions of the F-35 Joint Program Office
relating to the acquisition of F-35B and F-35C aircraft
shall be transferred to the Department of the Navy, and
the Secretary of the Navy shall be the official in the
Department of Defense with principal responsibility for
carrying out such functions.
(B) All functions of the F-35 Joint Program Office
relating to the acquisition of F-35A aircraft shall be
transferred to the Department of the Air Force, and the
Secretary of the Air Force shall be the official in the
Department of Defense with principal responsibility for
carrying out such functions.
(b) <<NOTE: Coordination.>> Transition Plan.--Not later than
October 1, 2022, the Under Secretary of Defense for Acquisition and
Sustainment, in coordination with the Secretary of the Air Force and the
Secretary of the Navy, shall submit to the congressional defense
committees a plan for carrying out the transfers required under
subsection (a).
[[Page 135 STAT. 1582]]
SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR AIR-BASED AND
SPACE-BASED GROUND MOVING TARGET INDICATOR
CAPABILITIES.
(a) Review of Redundancies.--The Secretary of Defense shall conduct
a review of all established and planned efforts to provide air-based and
space-based ground moving target indicator capability to identify,
eliminate, and prevent redundancies of such efforts across the
Department of Defense.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2022 for the capability
described in subsection (a), not more than 75 percent may be obligated
or expended for procurement or research and development for such
capability until the date on which the Vice Chairman of the Joint Chiefs
of Staff submits to the congressional defense committees the information
required under subsection (c).
(c) <<NOTE: Consultation.>> Information Required.--The Vice
Chairman of the Joint Chiefs of Staff, in consultation with the
Secretaries of the military departments and the heads of such other
agencies as the Secretary of Defense considers relevant to the ground
moving target indicator capability described in subsection (a), shall
submit to the congressional defense committees the following:
(1) <<NOTE: List.>> A list of all procurement and research
and development efforts relating to the capability that are
funded by--
(A) the Department of Defense; or
(B) any other department or agency of the Federal
Government.
(2) A description of how the efforts described in paragraph
(1) will--
(A) provide real-time information to relevant
military end users through the use of air battle
managers; and
(B) meet the needs of combatant commanders with
respect to priority target tasking.
(3) <<NOTE: Analysis. Compliance.>> Analysis of whether,
and to what extent, the efforts described in paragraph (1)
comply with--
(A) the joint all domain command and control
requirements and standards of the Department; and
(B) the validated requirements of the Joint
Requirements Oversight Council with respect to ground
moving target indicator capabilities.
(4) Identification of any potential areas of overlap among
the efforts described in paragraph (1).
SEC. 144. <<NOTE: Time period.>> LIMITATION ON AVAILABILITY OF
FUNDS FOR PROCUREMENT OF AIRCRAFT SYSTEMS
FOR THE ARMED OVERWATCH PROGRAM.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the Department of
Defense for the procurement of aircraft systems for the armed overwatch
program of the United States Special Operations Command may be obligated
or expended until a period of 15 days has elapsed following the date on
which the acquisition roadmap required by section 165(a) of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is submitted to the congressional defense
committees.
SEC. 145. ANALYSIS OF CERTAIN RADAR INVESTMENT OPTIONS.
(a) Analysis Required.--
[[Page 135 STAT. 1583]]
(1) In general.--The Director of Cost Assessment and Program
Evaluation shall conduct an analysis of covered radar systems
operating in the Navy and the Missile Defense Agency over the
period covered by the most recent future-years defense program
submitted to Congress under section 221 of title 10, United
States Code.
(2) <<NOTE: Assessments.>> Elements.--The analysis
conducted under paragraph (1) shall include the following:
(A) <<NOTE: Cost estimate.>> An independent cost
estimate of each covered radar system described in
paragraph (1) and each variant thereof.
(B) An assessment of the capability provided by each
such system and variant to address current and future
air and missile defense threats.
(C) In the case of covered radar systems operating
in the Navy, an assessment of the capability and
technical suitability of each planned configuration for
such systems to support current and future distributed
maritime operations in contested environments.
(b) Report.--Not later than May 1, 2022, the Director of Cost
Assessment and Program Evaluation shall submit to the congressional
defense committees a report that includes the following:
(1) The results of the analysis conducted under subsection
(a)(1).
(2) <<NOTE: Recommenda- tions. Time period.>> Such
recommendations as the Director may have to achieve greater
capability, affordability, and sustainability across covered
radar systems described in subsection (a)(1), including variants
thereof, during fiscal years 2022 through 2027, including
whether--
(A) to continue to develop and maintain each covered
radar system separately; or
(B) to pursue fewer configurations of such systems.
(c) Covered Radar Systems Defined.--In this section, the term
``covered radar systems'' means radar systems with the following
designations an any variants thereof:
(1) AN/SPY-1.
(2) AN/SPY-3.
(3) AN/SPY-6.
(4) AN/SPY-7.
SEC. 146. REVIEW AND BRIEFING ON FIELDED MAJOR WEAPON SYSTEMS.
(a) <<NOTE: Deadline.>> Review and Briefing Required.--Not later
than March 1, 2023, the Secretary of Defense shall conduct a review, and
provide a briefing to the congressional defense committees, on the
processes of the Department of Defense for the management of strategic
risk with respect to capabilities of fielded major weapon systems funded
in the most recent future-years defense program submitted to Congress
under section 221 of title 10, United States Code, including a
description of the analytical and implementation methodologies used--
(1) to ensure that fielded major weapon systems meet current
and emerging military threats;
(2) to upgrade or replace any fielded major weapon systems
that is not capable of effectively meeting operational
requirements or current, evolving, or emerging threats; and
(3) to develop and implement plans for the replacement and
divestment of fielded major weapon systems that address
[[Page 135 STAT. 1584]]
lower-priority military threats, as determined by intelligence
assessments and operational requirements.
(b) Major Weapon System Defined.--In this section, the term ``major
weapon system'' has the meaning given such term under section 2379(f) of
title 10, United States Code.
SEC. 147. <<NOTE: Time period.>> REPORTS ON EXERCISE OF WAIVER
AUTHORITY WITH RESPECT TO CERTAIN AIRCRAFT
EJECTION SEATS.
Not later than February 1, 2022, and on a semiannual basis
thereafter through February 1, 2024, the Secretary of the Air Force and
the Secretary of the Navy shall each submit to the congressional defense
committees a report that includes, with respect to each location at
which active flying operations are conducted or planned as of the date
report--
(1) the number of aircrew ejection seats installed in the
aircraft used, or expected to be used, at such location;
(2) of the ejection seats identified under paragraph (1),
the number that have been, or are expected to be, placed in
service subject to a waiver due to--
(A) deferred maintenance; or
(B) the inability to obtain parts to make repairs or
to fulfill time-compliance technical orders; and
(3) for each ejection seat subject to a waiver as described
in paragraph (2)--
(A) the date on which the waiver was issued; and
(B) the name and title of the official who
authorized the waiver.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Codification of National Defense Science and Technology
Strategy.
Sec. 212. Codification of direct hire authority at personnel
demonstration laboratories for advanced degree holders.
Sec. 213. Duties and regional activities of the Defense Innovation Unit.
Sec. 214. Codification of requirement for Defense Established Program to
Stimulate Competitive Research.
Sec. 215. Codification of authorities relating to Department of Defense
science and technology reinvention laboratories.
Sec. 216. Improvements relating to steering committee on emerging
technology and national security threats.
Sec. 217. Improvements relating to national network for microelectronics
research and development.
Sec. 218. Modification of mechanisms for expedited access to technical
talent and expertise at academic institutions to support
Department of Defense missions.
Sec. 219. Technical correction to pilot program for the enhancement of
the research, development, test, and evaluation centers of
the Department of Defense.
Sec. 220. Defense research and engineering activities at minority
institutions.
Sec. 221. Test program for engineering plant of DDG(X) destroyer
vessels.
Sec. 222. Consortium to study irregular warfare.
Sec. 223. Development and implementation of digital technologies for
survivability and lethality testing.
Sec. 224. Assessment and correction of deficiencies in the pilot
breathing systems of tactical fighter aircraft.
Sec. 225. Identification of the hypersonics facilities and capabilities
of the Major Range and Test Facility Base.
[[Page 135 STAT. 1585]]
Sec. 226. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 227. Modification of the joint common foundation program.
Sec. 228. Executive education on emerging technologies for senior
civilian and military leaders.
Sec. 229. Activities to accelerate development and deployment of dual-
use quantum technologies.
Sec. 230. National Guard participation in microreactor testing and
evaluation.
Sec. 231. Pilot program on the use of private sector partnerships to
promote technology transition.
Sec. 232. Pilot program on data repositories to facilitate the
development of artificial intelligence capabilities for the
Department of Defense.
Sec. 233. Pilot programs for deployment of telecommunications
infrastructure to facilitate 5G deployment on military
installations.
Sec. 234. Limitation on development of prototypes for the Optionally
Manned Fighting Vehicle pending requirements analysis.
Sec. 235. Limitation on transfer of certain operational flight test
events and reductions in operational flight test capacity.
Sec. 236. Limitation on availability of funds for certain C-130
aircraft.
Sec. 237. Limitation on availability of funds for VC-25B aircraft
program pending submission of documentation.
Sec. 238. Limitation on availability of funds for the High Accuracy
Detection and Exploitation System.
Subtitle C--Plans, Reports, and Other Matters
Sec. 241. Modification to annual report of the Director of Operational
Test and Evaluation.
Sec. 242. Adaptive engine transition program acquisition strategy for
the F-35A aircraft.
Sec. 243. Acquisition strategy for an advanced propulsion system for F-
35B and F-35C aircraft.
Sec. 244. Assessment of the development and test enterprise of the Air
Force Research Laboratory.
Sec. 245. Study on efficient use of Department of Defense test and
evaluation organizations, facilities, and laboratories.
Sec. 246. Report on autonomy integration in major weapon systems.
Sec. 247. Reports and briefings on recommendations of the National
Security Commission on Artificial Intelligence regarding the
Department of Defense.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2022
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. CODIFICATION OF NATIONAL DEFENSE SCIENCE AND TECHNOLOGY
STRATEGY.
(a) In General.--Chapter 2 of title 10, United States Code, as
amended by section 1081 of this Act, is further amended by inserting
before section 119, the following new section:
``Sec. 118c. <<NOTE: 10 USC 118c.>> National Defense Science and
Technology Strategy
``(a) In General.--The Secretary of Defense shall develop a
strategy--
``(1) to articulate the science and technology priorities,
goals, and investments of the Department of Defense;
[[Page 135 STAT. 1586]]
``(2) <<NOTE: Recommenda- tions.>> to make recommendations
on the future of the defense research and engineering enterprise
and its continued success in an era of strategic competition;
and
``(3) to establish an integrated approach to the
identification, prioritization, development, and fielding of
emerging capabilities and technologies.
``(b) Elements.--The strategy required under subsection (a) shall--
``(1) inform the development of each National Defense
Strategy under section 113(g) of this title and be aligned with
Government-wide strategic science and technology priorities,
including the defense budget priorities of the Office of Science
and Technology Policy of the President;
``(2) link the priorities, goals, and investments in
subsection (a)(1) with needed critical enablers to specific
programs, or broader portfolios, including--
``(A) personnel and workforce capabilities;
``(B) facilities for research and test
infrastructure;
``(C) relationships with academia, the acquisition
community, the operational community, the defense
industry, and the commercial sector; and
``(D) funding, investments, personnel, facilities,
and relationships with other departments and agencies of
the Federal Government outside the Department of Defense
without which defense capabilities would be severely
degraded;
``(3) support the coordination of acquisition priorities,
programs, and timelines of the Department with the activities of
the defense research and engineering enterprise;
``(4) <<NOTE: Recommenda- tions.>> include recommendations
for changes in authorities, regulations, policies, or any other
relevant areas, that would support the achievement of the goals
set forth in the strategy;
``(5) identify mechanisms that may be used to identify
critical capabilities and technological applications required to
address operational challenges outlined in the National Defense
Strategy under section 113(g) of this title;
``(6) identify processes to inform senior leaders and policy
makers on the potential impacts of emerging technologies for the
purpose of shaping the development of policies and regulations;
``(7) support the efficient integration of capabilities and
technologies to close near-term, mid-term, and long-term
capability gaps;
``(8) support the development of appropriate investments in
research and technology development within the Department, and
appropriate partnerships with the defense industry and
commercial industry; and
``(9) identify mechanisms to provide information on defense
technology priorities to industry to enable industry to invest
deliberately in emerging technologies to build and broaden the
capabilities of the industrial base.
``(c) Coordination.--The Secretary of Defense shall develop the
strategy under subsection (a) in coordination with relevant entities
within the Office of the Secretary of Defense, the military departments,
the research organizations of Defense Agencies and Department of Defense
Field Activities, the intelligence community,
[[Page 135 STAT. 1587]]
defense and technology industry partners, research and development
partners, other Federal research agencies, allies and partners of the
United States, and other appropriate organizations.
``(d) Considerations.--In developing the strategy under subsection
(a), the Secretary of Defense shall consider--
``(1) the operational challenges identified in the National
Defense Strategy and the technological threats and opportunities
identified through the global technology review and assessment
activities of the Department of Defense, the intelligence
community, and other technology partners;
``(2) current military requirements and emerging
technologies in the defense and commercial sectors;
``(3) the capabilities of foreign near-peer and peer
nations;
``(4) the need to support the development of a robust
trusted and assured industrial base to manufacture and sustain
the technologies and capabilities to meet defense requirements;
and
``(5) near-term, mid-term, and long-term technology and
capability development goals.
``(e) Reports.--
``(1) Subsequent reports and updates.--Not later than
February 1 of the year following each fiscal year in which the
National Defense Strategy is submitted under section 113(g) of
this title, the Secretary of Defense shall submit to the
congressional defense committees a report that includes an
updated version of the strategy under subsection (a). Each
update to such strategy shall be prepared for purposes of such
report based on emerging requirements, technological
developments in the United States, and technical intelligence
derived from global technology reviews conducted by the
Secretary of Defense.
``(2) Form of reports.--The reports submitted under
paragraph (1) may be submitted in a form determined appropriate
by the Secretary of Defense, which may include classified,
unclassified, and publicly releasable formats, as appropriate.
``(f) <<NOTE: Deadline.>> Briefing.--Not later than 90 days after
the date on which the strategy under subsection (a) is completed, the
Secretary of Defense shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on the
implementation plan for the strategy.
``(g) Designation.--The strategy developed under subsection (a)
shall be known as the `National Defense Science and Technology
Strategy'.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC 111 prec.>> is amended by inserting before
the item relating to section 119 the following new item:
``118c. National Defense Science and Technology Strategy.''.
(c) Conforming Repeal.--Section 218 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1679) is repealed.
(d) Conforming Amendment.--Section 2358b(c)(2)(B)(ii) of title 10,
United States Code, is amended by striking ``section 218 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1679)'' and inserting ``section 118c of this
title''.
[[Page 135 STAT. 1588]]
SEC. 212. CODIFICATION OF DIRECT HIRE AUTHORITY AT PERSONNEL
DEMONSTRATION LABORATORIES FOR ADVANCED
DEGREE HOLDERS.
(a) In General.--Section 2358a of title 10, United States Code, is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Direct Hire Authority at Personnel Demonstration Laboratories
for Advanced Degree Holders.--
``(1) Authority.--The Secretary of Defense may appoint
qualified candidates possessing an advanced degree to positions
described in paragraph (2) without regard to the provisions of
subchapter I of chapter 33 of title 5, other than sections 3303
and 3328 of such title.
``(2) Applicability.--This subsection applies with respect
to candidates for scientific and engineering positions within
any laboratory designated by section 4121(b) of this title as a
Department of Defense science and technology reinvention
laboratory.
``(3) Limitation.--(A) Authority under this subsection may
not, in any calendar year and with respect to any laboratory, be
exercised with respect to a number of candidates greater than
the number equal to 5 percent of the total number of scientific
and engineering positions within such laboratory that are filled
as of the close of the fiscal year last ending before the start
of such calendar year.
``(B) For purposes of this paragraph, positions and
candidates shall be counted on a full-time equivalent basis.''.
(b) Repeal.--Section 1108 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4618 ) <<NOTE: 10 USC 1580 note prec.>> is hereby repealed.
(c) Conforming Amendments.--
(1) Section 255(b)(5)(B) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2223a note) is amended by striking ``in section
2358a(f)(3) of'' and inserting ``in section 2358a(g) of''.
(2) Section 223(d)(3)(C) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2358 note) is amended by striking ``in section 2358a(f)
of'' and inserting ``in section 2358a(g) of''.
(3) Section 249(g)(1)(C) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) <<NOTE: 10 USC 4001 note.>> is amended by striking
``in section 2358a(f)(3) of'' and inserting ``in section
2358a(g) of''.
SEC. 213. DUTIES AND REGIONAL ACTIVITIES OF THE DEFENSE INNOVATION
UNIT.
(a) Duties of DIU Joint Reserve Detachment.--Clause (ii) of section
2358b(c)(2)(B) of title 10, United States Code, is amended to read as
follows:
``(ii) the technology requirements of the
Department of Defense, as identified in the most
recent--
``(I) National Defense Strategy;
``(II) National Defense Science and
Technology Strategy as directed under
section 218 of the John S. McCain
National Defense Authorization Act for
[[Page 135 STAT. 1589]]
Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1679); and
``(III) relevant policy and guidance
from the Secretary of Defense; and''.
(b) <<NOTE: 10 USC 4061 note.>> Regional Activities.--Subject to
the availability of appropriations for such purpose, the Secretary of
Defense may expand the efforts of the Defense Innovation Unit to engage
and collaborate with private-sector industry and communities in various
regions of the United States--
(1) to accelerate the adoption of commercially developed
advanced technology in modernization priority areas and such
other key technology areas as may be identified by the
Secretary; and
(2) to expand outreach to communities that do not otherwise
have a Defense Innovation Unit presence, including economically
disadvantaged communities.
SEC. 214. CODIFICATION OF REQUIREMENT FOR DEFENSE ESTABLISHED
PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
(a) In General.--Chapter 301 of title 10, United States Code, as
added by section 1841 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) and
amended by this Act, is further amended by inserting after section 4007
the following new section:
``Sec. 4010. <<NOTE: 10 USC 4010.>> Defense Established Program
to Stimulate Competitive Research
``(a) Program Required.--The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering, shall carry
out a Defense Established Program to Stimulate Competitive Research
(DEPSCoR) as part of the university research programs of the Department
of Defense.
``(b) Program Objectives.--The objectives of the program are as
follows:
``(1) To increase the number of university researchers in
eligible States capable of performing science and engineering
research responsive to the needs of the Department of Defense.
``(2) To enhance the capabilities of institutions of higher
education in eligible States to develop, plan, and execute
science and engineering research that is relevant to the mission
of the Department of Defense and competitive under the peer-
review systems used for awarding Federal research assistance.
``(3) To increase the probability of long-term growth in the
competitively awarded financial assistance that institutions of
higher education in eligible States receive from the Federal
Government for science and engineering research.
``(c) Program Activities.--In order to achieve the program
objectives, the following activities are authorized under the program:
``(1) <<NOTE: Grants.>> Competitive award of grants for
research and instrumentation to support such research.
``(2) Competitive award of financial assistance for graduate
students.
``(3) To provide assistance to science and engineering
researchers at institutions of higher education in eligible
States
[[Page 135 STAT. 1590]]
through collaboration between Department of Defense laboratories
and such researchers.
``(4) Any other activities that are determined necessary to
further the achievement of the objectives of the program.
``(d) <<NOTE: Designation.>> Eligible States.--(1) The Under
Secretary of Defense for Research and Engineering shall designate which
States are eligible States for the purposes of this section.
``(2) <<NOTE: Designation. Determination.>> The Under Secretary
shall designate a State as an eligible State if, as determined by the
Under Secretary--
``(A) <<NOTE: Time periods.>> the average annual amount of
all Department of Defense obligations for science and
engineering research and development that were in effect with
institutions of higher education in the State for the three
fiscal years preceding the fiscal year for which the designation
is effective or for the last three fiscal years for which
statistics are available is less than the amount determined by
multiplying 60 percent times the amount equal to 1/50 of the
total average annual amount of all Department of Defense
obligations for science and engineering research and development
that were in effect with institutions of higher education in the
United States for such three preceding or last fiscal years, as
the case may be; and
``(B) the State has demonstrated a commitment to developing
research bases in the State and to improving science and
engineering research and education programs in areas relevant to
the mission of the Department of Defense at institutions of
higher education in the State.
``(3) <<NOTE: Time period.>> The Under Secretary shall not remove a
designation of a State under paragraph (2) because the State exceeds the
funding levels specified under subparagraph (A) of such paragraph unless
the State has exceeded such funding levels for at least two consecutive
years.
``(e) <<NOTE: Consultation.>> Coordination With Similar Federal
Programs.--(1) The Secretary may consult with the Director of the
National Science Foundation and the Director of the Office of Science
and Technology Policy in the planning, development, and execution of the
program and may coordinate the program with the Established Program to
Stimulate Competitive Research conducted by the National Science
Foundation and with similar programs sponsored by other departments and
agencies of the Federal Government.
``(2) All solicitations under the Defense Established Program to
Stimulate Competitive Research may be made to, and all awards may be
made through, the State committees established for purposes of the
Established Program to Stimulate Competitive Research conducted by the
National Science Foundation.
``(3) A State committee referred to in paragraph (2) shall ensure
that activities carried out in the State of that committee under the
Defense Established Program to Stimulate Competitive Research are
relevant to the mission of the Department of Defense and coordinated
with the activities carried out in the State under other similar
initiatives of the Federal Government to stimulate competitive research.
``(f) State Defined.--In this section, the term `State' means a
State of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the
Commonwealth of the Northern Mariana Islands.''.
[[Page 135 STAT. 1591]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 301 of such title, as added by section 1841 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) and amended by this Act, <<NOTE: 10 USC 4001
prec.>> is further amended by striking the item relating to section
4010 and inserting the following new item:
``4010. Defense Established Program to Stimulate Competitive
Research.''.
(c) Conforming Repeals.--(1) Section 307 of title I of the 1997
Emergency Supplemental Appropriations Act for Recovery from Natural
Disasters, and for Overseas Peacekeeping Efforts, Including Those in
Bosnia (Public Law 105-18; 10 U.S.C. 2358 note) is repealed.
(2) Section 257 of title II of division A of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C.
2358 note) is repealed.
(d) <<NOTE: 10 USC 4010 note.>> Effective Date.--This section and
the amendments and repeals made by this section shall take effect
immediately after the effective date of the amendments made by title
XVIII of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283).
SEC. 215. CODIFICATION OF AUTHORITIES RELATING TO DEPARTMENT OF
DEFENSE SCIENCE AND TECHNOLOGY REINVENTION
LABORATORIES.
(a) In General.--Subchapter III of chapter 303 of title 10, United
States Code, as added by section 1842 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283), is amended by inserting after the heading for subchapter III the
following new section:
``Sec. 4121. <<NOTE: 10 USC 4121.>> Science and technology
reinvention laboratories: authority and
designation
``(a) In General.--(1) The Secretary of Defense may carry out
personnel demonstration projects at Department of Defense laboratories
designated by the Secretary as Department of Defense science and
technology reinvention laboratories.
``(2)(A) Each personnel demonstration project carried out under the
authority of paragraph (1) shall be generally similar in nature to the
China Lake demonstration project.
``(B) <<NOTE: California.>> For purposes of subparagraph (A), the
China Lake demonstration project is the demonstration project that is
authorized by section 6 of the Civil Service Miscellaneous Amendments
Act of 1983 (Public Law 98-224) to be continued at the Naval Weapons
Center, China Lake, California, and at the Naval Ocean Systems Center,
San Diego, California.
``(3) <<NOTE: Applicability.>> If the Secretary carries out a
demonstration project at a laboratory pursuant to paragraph (1), section
4703 of title 5 shall apply to the demonstration project, except that--
``(A) subsection (d) of such section 4703 shall not apply to
the demonstration project;
``(B) the authority of the Secretary to carry out the
demonstration project is that which is provided in paragraph (1)
rather than the authority which is provided in such section
4703; and
``(C) the Secretary shall exercise the authorities granted
to the Office of Personnel Management under such section 4703
through the Under Secretary of Defense for Research
[[Page 135 STAT. 1592]]
and Engineering (who shall place an emphasis in the exercise of
such authorities on enhancing efficient operations of the
laboratory and who may, in exercising such authorities, request
administrative support from science and technology reinvention
laboratories to review, research, and adjudicate personnel
demonstration project proposals).
``(4) The employees of a laboratory covered by a personnel
demonstration project carried out under this section shall be exempt
from, and may not be counted for the purposes of, any constraint or
limitation in a statute or regulation in terms of supervisory ratios or
maximum number of employees in any specific category or categories of
employment that may otherwise be applicable to the employees. The
employees shall be managed by the director of the laboratory subject to
the supervision of the Under Secretary of Defense for Research and
Engineering.
``(5) The limitations in section 5373 of title 5 do not apply to the
authority of the Secretary under this subsection to prescribe salary
schedules and other related benefits.
``(b) Designation of Laboratories.--Each of the following is hereby
designated as a Department of Defense science and technology reinvention
laboratory as described in subsection (a):
``(1) The Air Force Research Laboratory.
``(2) The Joint Warfare Analysis Center.
``(3) The Army Research Institute for the Behavioral and
Social Sciences.
``(4) The Combat Capabilities Development Command Armaments
Center.
``(5) The Combat Capabilities Development Command Army
Research Laboratory.
``(6) The Combat Capabilities Development Command Aviation
and Missile Center.
``(7) The Combat Capabilities Development Command Chemical
Biological Center.
``(8) The Combat Capabilities Development Command Command,
Control, Communications, Computers, Cyber, Intelligence,
Surveillance, and Reconnaissance Center.
``(9) The Combat Capabilities Development Command Ground
Vehicle Systems Center.
``(10) The Combat Capabilities Development Command Soldier
Center.
``(11) The Engineer Research and Development Center.
``(12) The Medical Research and Development Command.
``(13) The Technical Center, US Army Space and Missile
Defense Command.
``(14) The Naval Air Systems Command Warfare Centers.
``(15) The Naval Facilities Engineering Command Engineering
and Expeditionary Warfare Center.
``(16) The Naval Information Warfare Centers, Atlantic and
Pacific.
``(17) The Naval Medical Research Center.
``(18) The Naval Research Laboratory.
``(19) The Naval Sea Systems Command Warfare Centers.
``(20) The Office of Naval Research.
``(c) Conversion Procedures.--The Secretary of Defense shall
implement procedures to convert the civilian personnel of each
Department of Defense science and technology reinvention laboratory, as
so designated by subsection (b), to the personnel system
[[Page 135 STAT. 1593]]
under an appropriate demonstration project (as referred to in subsection
(a)). Any conversion under this subsection--
``(1) shall not adversely affect any employee with respect
to pay or any other term or condition of employment;
``(2) shall be consistent with section 4703(f) of title 5;
``(3) <<NOTE: Deadline.>> shall be completed within 18
months after designation; and
``(4) shall not apply to prevailing rate employees (as
defined by section 5342(a)(2) of title 5) or senior executives
(as defined by section 3132(a)(3) of such title).
``(d) Limitation.--The science and technology reinvention
laboratories, as so designated by subsection (a), may not implement any
personnel system, other than a personnel system under an appropriate
demonstration project (as referred to subsection (a)), without prior
congressional authorization.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 303 of such title, as added by section 1842 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), <<NOTE: 10 USC 4061 prec.>> is amended by
striking the item relating to section 4121 and inserting the following:
``4121. Science and technology reinvention laboratories: authority and
designation.''.
(c) Conforming Repeals.--(1) Section 1105 of the National Defense
Authorization Act For Fiscal Year 2010 (Public Law 111-84; 10 U.S.C.
2358 note) is hereby repealed.
(2) Subsection (b) of section 342 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C.
2358 note) is hereby repealed.
(d) Conforming Amendments.--(1) Section 1601(f) of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10
U.S.C. 2358 note) is amended by striking ``section 342 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2721)'' and inserting ``section 4121(a) of title 10, United States
Code''.
(2) Section 1107 of the National Defense Authorization Act for
Fiscal Year 2008 <<NOTE: 10 USC 4121 note.>> (Public Law 110-181; 10
U.S.C. 2358 note) is amended--
(A) by amending subsection (a) to read as follows:
``(e) Requirement.--The Secretary of Defense shall take all
necessary actions to fully implement and use the authorities provided to
the Secretary under subsection (a) of section 4121 of title 10, United
States Code, to carry out personnel management demonstration projects at
Department of Defense laboratories designated by subsection (b) of such
section as Department of Defense science and technology reinvention
laboratories.'';
(B) in subsection (c), by striking ``designated by section
1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2486)'' and inserting
``designated by section 4121(b) of title 10, United States
Code''; and
(C) in subsection (e)(3), by striking ``section 342(b) of
the National Defense Authorization Act for Fiscal Year 1995 (as
cited in subsection (a))'' and inserting ``section 4121(a) of
title 10, United States Code''.
(3) Section 1109(c) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2358 note) is amended by
striking ``specified in section 1105(a) of the National
[[Page 135 STAT. 1594]]
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2486; 10 U.S.C. 2358 note)'' and inserting ``designated under
section 4121(b) of title 10, United States Code''.
(4) Section 2803(a)(1) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2358 note) is amended by
striking ``(as designated by section 1105(a) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C.
2358 note)'' and inserting ``(as designated under section 4121(b) of
title 10, United States Code)''.
(5) Section 1108(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C.
1580 note prec.) is amended by striking ``section 1105(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2486; 10 U.S.C. 2358 note)'' and inserting ``section
4121(b) of title 10, United States Code''.
(6) Section 211(g) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is amended by
striking ``under section 1105 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note), as
amended'' and inserting ``under section 4121(b)of title 10, United
States Code''.
(7) Section 233(a)(2)(A) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is
amended by striking ``as specified in section 1105(a) of the National
Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note)''
and inserting ``as designated under section 4121(b) of title 10, United
States Code''.
(8) Section 223(d)(3)(B) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2358 note) is amended
by striking ``under section 1105 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)'' and
inserting ``under section 4121(b) of title 10, United States Code''.
(9) Section 252(e)(1) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2358 note) is amended by
striking ``under section 1105 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)'' and
inserting ``under section 4121(b) of title 10, United States Code''.
(10) Section 255(b)(5)(A) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 223a note) is amended
by striking ``(as designated under section 1105 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C.
2358 note))'' and inserting ``(as designated under section 4121(b) of
title 10, United States Code)''.
(11) Section 249 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) <<NOTE: 10
USC 4001 note.>> is amended--
(A) in subsection (e)(1)(A), by striking ``under section
2358a of title 10, United States Code'' and inserting ``under
section 4121(b) of title 10, United States Code''; and
(B) in subsection (g)(1)(B) by striking ``under section 1105
of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 10 U.S.C. 2358 note)'' and inserting ``under
section 4121(b) of title 10, United States Code''.
(12) Section 2124(h)(3) of title 10, United States Code, as
redesignated by section 1843(b)(1) of the William M. (Mac)
[[Page 135 STAT. 1595]]
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), <<NOTE: 10 USC 4124.>> is amended by striking
``designated under section 1105 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)'' and
inserting ``designated under section 4121(b) of this title''.
(13) Section 4091 of title 10, United States Code, as redesignated
by section 1843(b)(1) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), is
amended--
(A) in subsection (b), by striking ``designated by section
1105(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)'' both places
it appears and inserting ``designated by section 4121(b) of this
title''; and
(B) in subsection (d)(2), by striking ``pursuant to section
342(b) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 10 U.S.C. 2358 note)'' both places it
appears and inserting ``pursuant to section 4121(a) of this
title''.
(14) Section 4094(f) of title 10, United States Code, as transferred
and redesignated by this Act, is amended by striking ``by section
1105(a) of the National Defense Authorization Act for Fiscal Year 2010
(10 U.S.C. 2358 note)'' and inserting ``by section 4121(b) of this
title''.
(e) <<NOTE: 10 USC 4091 note.>> Effective Date.--This section and
the amendments and repeals made by this section shall take effect
immediately after the effective date of the amendments made by title
XVIII of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283).
SEC. 216. IMPROVEMENTS RELATING TO STEERING COMMITTEE ON EMERGING
TECHNOLOGY AND NATIONAL SECURITY THREATS.
Section 236 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) <<NOTE: 10
USC 4001 note.>> , is amended--
(1) in subsection (a), by striking ``may'' and inserting
``and the Director of National Intelligence may jointly'';
(2) in subsection (b), by--
(A) by striking paragraphs (3) through (8); and
(B) by inserting after paragraph (2) the following:
``(3) The Principal Deputy Director of National
Intelligence.
``(4) Such other officials of the Department of Defense and
intelligence community as the Secretary of Defense and the
Director of National Intelligence jointly determine
appropriate.'';
(3) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(4) by inserting after subsection (b) the following:
``(c) Leadership.--The Steering Committee shall be chaired by the
Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of
Staff, and the Principal Deputy Director of National Intelligence
jointly.'';
(5) in subsection (d), as redesignated by paragraph (3)--
(A) in paragraph (1)--
(i) by striking ``a strategy'' and inserting
``strategies'';
[[Page 135 STAT. 1596]]
(ii) by inserting ``and intelligence
community'' after ``United States military''; and
(iii) by inserting ``and National Intelligence
Strategy, and consistent with the National
Security Strategy'' after ``National Defense
Strategy'';
(B) in paragraph (3)--
(i) in the matter before subparagraph (A), by
inserting ``and the Director of National
Intelligence'' after ``the Secretary of Defense'';
(ii) in subparagraph (A), by striking
``strategy'' and inserting ``strategies'';
(iii) in subparagraph (D), by striking ``;
and'' and inserting a semicolon;
(iv) by redesignating subparagraph (E) as
subparagraph (F); and
(v) by inserting after subparagraph (D) the
following:
``(E) any changes to the guidance for developing the
National Intelligence Program budget required by section
102A(c)(1)(A) of the National Security Act of 1947 (50
U.S.C. 3024(c)(1)(A)), that may be required to implement
the strategies under paragraph (1); and''; and
(vi) in subparagraph (F), as redesignated by
clause (iv), by inserting ``and the intelligence
community'' after ``Department of Defense''; and
(C) in paragraph (4), by inserting ``and Director of
National Intelligence, jointly'' after ``Secretary of
Defense'';
(6) by amending subsection (e), as redesignated by paragraph
(3), to read as follows:
``(e) Definitions.--In this section:
``(1) The term `emerging technology' means technology
jointly determined to be in an emerging phase of development by
the Secretary of Defense and the Director of National
Intelligence, including quantum information science and
technology, data analytics, artificial intelligence, autonomous
technology, advanced materials, software, high performance
computing, robotics, directed energy, hypersonics,
biotechnology, medical technologies, and such other technology
as may be jointly identified by the Secretary and the Director.
``(2) The term `intelligence community' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).''; and
(7) in subsection (f), as redesignated by paragraph (3), by
striking ``October 1, 2024'' and inserting ``October 1, 2025''.
SEC. 217. IMPROVEMENTS RELATING TO NATIONAL NETWORK FOR
MICROELECTRONICS RESEARCH AND DEVELOPMENT.
Section 9903(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) <<NOTE: 15
USC 4653.>> is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``may'' and inserting ``shall''; and
(2) by adding at the end the following new paragraph:
``(3) Selection of entities.--
``(A) In general.--In carrying out paragraph (1),
the Secretary shall, through a competitive process,
select two or more entities to carry out the activities
described in
[[Page 135 STAT. 1597]]
paragraph (2) as part of the network established under
paragraph (1).
``(B) Geographic diversity.--The Secretary shall, to
the extent practicable, ensure that the entities
selected under subparagraph (A) collectively represent
the geographic diversity of the United States.''.
SEC. 218. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO
TECHNICAL TALENT AND EXPERTISE AT ACADEMIC
INSTITUTIONS TO SUPPORT DEPARTMENT OF
DEFENSE MISSIONS.
Section 217 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Consultation With Other Organizations.--For the purposes of
providing technical expertise and reducing costs and duplicative
efforts, the Secretary of Defense and the Secretaries of the military
departments shall work to ensure and support the sharing of information
on the research and consulting that is being carried out across the
Federal Government in Department-wide shared information systems
including the Defense Technical Information Center.'';
(2) in subsection (e)--
(A) by redesignating paragraph (31) as paragraph
(36); and
(B) by inserting after paragraph (30) the following
new paragraphs:
``(31) Nuclear science, security, and nonproliferation.
``(32) Chemical, biological, radiological, and nuclear
defense.
``(33) Spectrum activities.
``(34) Research security and integrity.
``(35) Printed circuit boards.''; and
(3) in subsection (g), by striking ``2026'' and inserting
``2028''.
SEC. 219. TECHNICAL CORRECTION TO PILOT PROGRAM FOR THE
ENHANCEMENT OF THE RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION CENTERS OF THE
DEPARTMENT OF DEFENSE.
Section 233(c)(2)(B) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is amended by
striking ``Chief Management Officer'' and inserting ``Deputy Secretary
of Defense or a designee of the Deputy Secretary''.
SEC. 220. DEFENSE RESEARCH AND ENGINEERING ACTIVITIES AT MINORITY
INSTITUTIONS.
(a) Plan to Promote Defense Research at Minority Institutes.--
(1) In general.--The Secretary of Defense shall develop a
plan to promote defense-related engineering, research, and
development activities at minority institutions for the purpose
of elevating the capacity of such institutions in those areas.
(2) <<NOTE: Assessments.>> Elements.--The plan under
paragraph (1) shall include the following:
(A) An assessment of the engineering, research, and
development capabilities of minority institutions,
including
[[Page 135 STAT. 1598]]
an assessment of the workforce and physical research
infrastructure of such institutions.
(B) An assessment of the ability of minority
institutions--
(i) to participate in defense-related
engineering, research, and development activities;
and
(ii) to effectively compete for defense-
related engineering, research, and development
contracts.
(C) An assessment of the activities and investments
necessary--
(i) to elevate minority institutions or a
consortium of minority institutions (including
historically black colleges and universities) to
R1 status on the Carnegie Classification of
Institutions of Higher Education;
(ii) to increase the participation of minority
institutions in defense-related engineering,
research, and development activities; and
(iii) to increase the ability of such
institutions ability to effectively compete for
defense-related engineering, research, and
development contracts.
(D) <<NOTE: Recommenda- tions.>> Recommendations
identifying actions that may be taken by the Secretary,
Congress, minority institutions, and other organizations
to increase the participation of minority institutions
in defense-related engineering, research, and
development activities and contracts.
(E) The specific goals, incentives, and metrics
developed by the Secretary under subparagraph (D) to
increase and measure the capacity of minority
institutions to address the engineering, research, and
development needs of the Department.
(3) <<NOTE: Determination.>> Consultation.--In developing
the plan under paragraph (1), the Secretary of Defense shall
consult with such other public and private sector organizations
as the Secretary determines appropriate.
(4) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall--
(A) submit to the congressional defense committees a
report that includes the plan developed under paragraph
(1); and
(B) <<NOTE: Public information. Web posting.>> make
the plan available on a publicly accessible website of
the Department of Defense.
(b) <<NOTE: Contracts. Grants. 10 USC 4144 note.>> Activities to
Support the Research and Engineering Capacity of Historically Black
Colleges and Universities and Minority Institutions.--
(1) In general.--Subject to the availability of
appropriations, the Secretary may establish a program to award
contracts, grants, or other agreements on a competitive basis,
and to perform other appropriate activities for the purposes
described in paragraph (2).
(2) Purposes.--The purposes described in this paragraph are
the following:
(A) Developing the capability, including workforce
and research infrastructure, for minority institutions
to more effectively compete for Federal engineering,
research, and development funding opportunities.
(B) Improving the capability of such institutions to
recruit and retain research faculty, and to participate
in
[[Page 135 STAT. 1599]]
appropriate personnel exchange programs and educational
and career development activities.
(C) Any other purposes the Secretary determines
appropriate for enhancing the defense-related
engineering, research, and development capabilities of
minority institutions.
(c) Increasing Partnerships for Minority Institutions With National
Security Research and Engineering Organizations.--Section 2362 of title
10, United States Code, is amended--
(1) in subsection (a), by striking ``Assistant Secretary''
each place it appears and inserting ``Under Secretary''; and
(2) in subsection (d)--
(A) by striking ``The Secretary of Defense may'' and
inserting the following:
``(1) The Secretary of Defense may''; and
(B) by adding at the end the following paragraph:
``(2) The Secretary of Defense shall establish goals and
incentives to encourage federally funded research and
development centers, science and technology reinvention
laboratories, and University Affiliated Research Centers funded
by the Department of Defense--
``(A) <<NOTE: Assessment.>> to assess the capacity
of covered educational institutions to address the
research and development needs of the Department through
partnerships and collaborations; and
``(B) if appropriate, to enter into partnerships and
collaborations with such institutions.''.
(d) <<NOTE: 10 USC 4144 note.>> Minority Institution Defined.--In
this section, the term ``minority institution'' means a covered
educational institution (as defined in section 2362 of title 10, United
States Code).
SEC. 221. TEST PROGRAM FOR ENGINEERING PLANT OF DDG(X) DESTROYER
VESSELS.
(a) Test Program Required.--During the detailed design period and
prior to the construction start date of the lead ship in the DDG(X)
destroyer class of vessels, the Secretary of the Navy shall commence a
land-based test program for the engineering plant of such class of
vessels.
(b) Administration.--The test program required by subsection (a)
shall be administered by the Senior Technical Authority for the DDG(X)
destroyer class of vessels.
(c) Elements.--The test program required by subsection (a) shall
include, at a minimum, testing of the following equipment in vessel-
representative form:
(1) Electrical propulsion motor.
(2) Other propulsion drive train components.
(3) Main propulsion system.
(4) Electrical generation and distribution systems.
(5) Machinery control systems.
(6) Power control modules.
(d) Test Objectives.--The test program required by subsection (a)
shall include, at a minimum, the following test objectives demonstrated
across the full range of engineering plant operations for the DDG(X)
destroyer class of vessels:
(1) Test of a single shipboard representative propulsion
drive train.
[[Page 135 STAT. 1600]]
(2) Test and facilitation of machinery control systems
integration.
(3) Simulation of the full range of electrical demands to
enable the investigation of load dynamics between the hull,
mechanical and electrical equipment, the combat system, and
auxiliary equipment.
(e) Completion Date.--The Secretary of the Navy shall complete the
test program required by subsection (a) by not later than the delivery
date of the lead ship in the DDG(X) destroyer class of vessels.
(f) Definitions.--In this section:
(1) Delivery date.--The term ``delivery date'' has the
meaning given that term in section 8671 of title 10, United
States Code.
(2) Senior technical authority.--The term ``Senior Technical
Authority'' means the official designated as the Senior
Technical Authority for the DDG(X) destroyer class of vessels
pursuant to section 8669b of title 10, United States Code.
SEC. 222. <<NOTE: 10 USC 342 note.>> CONSORTIUM TO STUDY
IRREGULAR WARFARE.
(a) Establishment.--The Secretary of Defense may establish a
research consortium of institutions of higher education to study
irregular warfare and the responses to irregular threats.
(b) Purposes.--The purposes of the consortium under subsection (a)
are as follows:
(1) To shape the formulation and application of policy
through the conduct of research and analysis regarding irregular
warfare.
(2) To maintain open-source databases on issues relevant to
understanding terrorism, irregular threats, and social and
environmental change.
(3) To serve as a repository for datasets regarding research
on security, social change, and irregular threats developed by
institutions of higher education that receive Federal funding.
(4) To support basic research in social science on emerging
threats and stability dynamics relevant to irregular threat
problem sets.
(5) To transition promising basic research--
(A) to higher stages of research and development;
and
(B) into operational capabilities, as appropriate,
by supporting applied research and developing tools to
counter irregular threats.
(6) To facilitate the collaboration of research centers of
excellence relating to irregular threats to better distribute
expertise to specific issues and scenarios regarding such
threats.
(7) To enhance educational outreach and teaching at
professional military education schools to improve--
(A) the understanding of irregular threats; and
(B) the integration of data-based responses to such
threats.
(8) To support classified research when necessary in
appropriately controlled physical spaces.
(9) To support the work of a Department of Defense
Functional Center for Security Studies in Irregular Warfare if
such Center is established pursuant to section 1299L of the
William
[[Page 135 STAT. 1601]]
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283).
(10) To carry out such other research initiatives relating
to irregular warfare and irregular threats as the Secretary of
Defense determines appropriate.
(c) Partnerships.--If the Secretary of Defense establishes a
research consortium under subsection (a), the Secretary shall encourage
partnerships between the consortium and university-affiliated research
centers and other research institutions, as appropriate.
(d) Institution of Higher Education Defined.--In this section, the
term ``institution of higher education'' has the meaning given that term
in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
SEC. 223. <<NOTE: 10 USC 4172 note.>> DEVELOPMENT AND
IMPLEMENTATION OF DIGITAL TECHNOLOGIES FOR
SURVIVABILITY AND LETHALITY TESTING.
(a) Expansion of Survivability and Lethality Testing.--
(1) <<NOTE: Coordination.>> In general.--The Secretary, in
coordination with covered officials, shall--
(A) expand the survivability and lethality testing
of covered systems to include testing against non-
kinetic threats; and
(B) develop digital technologies to test such
systems against such threats throughout the life cycle
of each such system.
(2) Development of digital technologies for live fire
testing.--
(A) <<NOTE: Coordination.>> In general.--The
Secretary, in coordination with covered officials, shall
develop--
(i) digital technologies to enable the
modeling and simulation of the live fire testing
required under section 2366 of title 10, United
States Code; and
(ii) <<NOTE: Data.>> a process to use data
from physical live fire testing to inform and
refine the digital technologies described in
clause (i).
(B) <<NOTE: Assessments.>> Objectives.--In carrying
out subparagraph (A), the Secretary shall seek to
achieve the following objectives:
(i) Enable assessments of full spectrum
survivability and lethality of each covered system
with respect to kinetic and non-kinetic threats.
(ii) Inform the development and refinement of
digital technology to test and improve covered
systems.
(iii) Enable survivability and lethality
assessments of the warfighting capabilities of a
covered system with respect to--
(I) communications;
(II) firepower;
(III) mobility;
(IV) catastrophic survivability; and
(V) lethality.
(C) Demonstration activities.--
(i) In general.--The Secretary, acting through
the Director, shall carry out activities to
demonstrate the digital technologies for full
spectrum survivability testing developed under
subparagraph (A).
[[Page 135 STAT. 1602]]
(ii) <<NOTE: Assessment.>> Program
selection.--The Secretary shall assess and select
not fewer than three and not more than ten
programs of the Department to participate in the
demonstration activities required under clause
(i).
(iii) Armed forces programs.--Of the programs
selected pursuant to clause (ii), the Director
shall select--
(I) at least one such program from
the Army;
(II) at least one such program from
the Navy or the Marine Corps; and
(III) at least one such program from
the Air Force or the Space Force.
(3) Regular survivability and lethality testing throughout
life cycle.--
(A) <<NOTE: Coordination.>> In general.--The
Secretary, in coordination with covered officials,
shall--
(i) develop a process to regularly test
through the use of digital technologies the
survivability and lethality of each covered system
against kinetic and non-kinetic threats throughout
the life cycle of such system as threats evolve;
and
(ii) establish guidance for such testing.
(B) <<NOTE: Determinations.>> Elements.--In
carrying out subparagraph (A), the Secretary shall
determine the following:
(i) When to deploy digital technologies to
provide timely and up-to-date insights with
respect to covered systems without unduly delaying
fielding of capabilities.
(ii) The situations in which it may be
necessary to develop and use digital technologies
to assess legacy fleet vulnerabilities.
(b) Reports and Briefing.--
(1) Assessment and selection of programs.--Not later than
180 days after the date of the enactment of this Act, the
Secretary shall submit to the congressional defense committees a
report that identifies the programs selected to participate in
the demonstration activities under subsection (a)(2)(C).
(2) Modernization and digitization report.--
(A) <<NOTE: Assessments.>> In general.--Not later
than March 15, 2023, the Director shall submit to the
congressional defense committees a report that
includes--
(i) an assessment of the progress of the
Secretary in carrying out subsection (a);
(ii) an assessment of each of the
demonstration activities carried out under
subsection (a)(2)(C), including a comparison of--
(I) the risks, benefits, and costs
of using digital technologies for live
fire testing and evaluation; and
(II) the risks, benefits, and costs
of traditional physical live fire
testing approaches that--
(aa) are not supported by
digital technologies;
(bb) do not include testing
against non-kinetic threats; and
[[Page 135 STAT. 1603]]
(cc) do not include full
spectrum survivability;
(iii) an explanation of--
(I) how real-world operational and
digital survivability and lethality
testing data will be used to inform and
enhance digital technology;
(II) the contribution of such data
to the digital modernization efforts
required under section 836 of the
William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283); and
(III) the contribution of such data
to the decision-support processes for
managing and overseeing acquisition
programs of the Department;
(iv) an assessment of the ability of the
Department to perform full spectrum survivability
and lethality testing of each covered system with
respect to kinetic and non-kinetic threats;
(v) an assessment of the processes implemented
by the Department to manage digital technologies
developed pursuant to subsection (a); and
(vi) an assessment of the processes
implemented by the Department to develop digital
technology that can perform full spectrum
survivability and lethality testing with respect
to kinetic and non-kinetic threats.
(B) <<NOTE: Deadline.>> Briefing.--Not later than
April 14, 2023, the Director shall provide to the
congressional defense committees a briefing that
identifies any changes to existing law that may be
necessary to implement subsection (a).
(c) Definitions.--In this section:
(1) The term ``covered officials'' means--
(A) the Under Secretary of Defense for Research and
Engineering;
(B) the Under Secretary of Defense for Acquisition
and Sustainment;
(C) the Chief Information Officer;
(D) the Director;
(E) the Director of Cost Assessment and Program
Evaluation;
(F) the Service Acquisition Executives;
(G) the Service testing commands;
(H) the Director of the Defense Digital Service; and
(I) representatives from--
(i) the Department of Defense Test Resource
Management Center;
(ii) the High Performance Computing
Modernization Program Office; and
(iii) the Joint Technical Coordination Group
for Munitions Effectiveness.
(2) The term ``covered system'' means any warfighting
capability that can degrade, disable, deceive, or destroy forces
or missions.
(3) The term ``Department'' means the Department of Defense.
(4) The term ``digital technologies'' includes digital
models, digital simulations, and digital twin capabilities that
may be used to test the survivability and lethality of a covered
system.
[[Page 135 STAT. 1604]]
(5) The term ``Director'' means the Director of Operational
Test and Evaluation.
(6) The term ``full spectrum survivability and lethality
testing'' means a series of assessments of the effects of
kinetic and non-kinetic threats on the communications,
firepower, mobility, catastrophic survivability, and lethality
of a covered system.
(7) The term ``non-kinetic threats'' means unconventional
threats, including--
(A) cyber attacks;
(B) electromagnetic spectrum operations;
(C) chemical, biological, radiological, nuclear
effects and high yield explosives; and
(D) directed energy weapons.
(8) The term ``Secretary'' means the Secretary of Defense.
SEC. 224. ASSESSMENT AND CORRECTION OF DEFICIENCIES IN THE PILOT
BREATHING SYSTEMS OF TACTICAL FIGHTER
AIRCRAFT.
(a) <<NOTE: Deadline. Consultation.>> Testing and Evaluation
Required.--Beginning not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Administrator of the National Aeronautics and Space Administration,
shall commence operational testing and evaluation of each fleet of
tactical fighter aircraft (including each type and model variant of
aircraft within the fleet) that uses the Onboard Oxygen Generating
System for the pilot breathing system (in this section referred to as
the ``breathing system'') to--
(1) <<NOTE: Determination. Compliance.>> determine whether
the breathing system complies with Military Standard 3050 (MIL-
STD-3050), titled ``Aircraft Crew Breathing Systems Using On-
Board Oxygen Generating System (OBOGS)''; and
(2) assess the safety and effectiveness of the breathing
system for all pilots of the aircraft fleet tested.
(b) <<NOTE: Applicability. Evaluation.>> Requirements.--The
following shall apply to the testing and evaluation conducted for an
aircraft fleet under subsection (a):
(1) The F-35 aircraft fleet shall be the first aircraft
fleet tested and evaluated, and such testing and evaluation
shall include F-35A, F-35B, and F-35C aircraft.
(2) The pilot, aircraft systems, and operational flight
environment of the aircraft shall not be assessed in isolation
but shall be tested and evaluated as integrated parts of the
breathing system.
(3) The testing and evaluation shall be conducted under a
broad range of operating conditions, including variable weather
conditions, low-altitude flight, high-altitude flight, during
weapons employment, at critical phases of flight such as take-
off and landing, and in other challenging environments and
operating flight conditions.
(4) The testing and evaluation shall assess operational
flight environments for the pilot that replicate expected
conditions and durations for high gravitational force loading,
rapid changes in altitude, rapid changes in airspeed, and
varying degrees of moderate gravitational force loading.
(5) A diverse group of pilots shall participate in the
testing and evaluation, including--
[[Page 135 STAT. 1605]]
(A) pilots who are test-qualified and pilots who are
not test-qualified; and
(B) pilots who vary in gender, physical
conditioning, height, weight, and age, and any other
attributes that the Secretary determines to be
appropriate.
(6) Aircraft involved in the testing and evaluation shall
perform operations with operationally representative and
realistic aircraft configurations.
(7) The testing and evaluation shall include assessments of
pilot life support gear and relevant equipment, including the
pilot breathing mask apparatus.
(8) The testing and evaluation shall include testing data
from pilot reports, measurements of breathing pressures and air
delivery response timing and flow, cabin pressure, air-speed,
acceleration, measurements of hysteresis during all phases of
flight, measurements of differential pressure between mask and
cabin altitude, and measurements of spirometry and specific
oxygen saturation levels of the pilot immediately before and
immediately after each flight.
(9) <<NOTE: Analysis.>> The analysis of the safety and
effectiveness of the breathing system shall thoroughly assess
any physiological effects reported by pilots, including effects
on health, fatigue, cognition, and perception of any breathing
difficulty.
(10) <<NOTE: Determination.>> The testing and evaluation
shall include the participation of subject matter experts who
have familiarity and technical expertise regarding design and
functions of the aircraft, its propulsion system, pilot
breathing system, life support equipment, human factors, and any
other systems or subject matter the Secretary determines
necessary to conduct effective testing and evaluation. At a
minimum, such subject matter experts shall include aerospace
physiologists, engineers, flight surgeons, and scientists.
(11) <<NOTE: Consultation. Determination.>> In carrying out
the testing and evaluation, the Secretary of Defense may seek
technical support and subject matter expertise from the Naval
Air Systems Command, the Air Force Research Laboratory, the
Office of Naval Research, the National Aeronautics and Space
Administration, and any other organization or element of the
Department of Defense or the National Aeronautics and Space
Administration that the Secretary, in consultation with the
Administrator of the National Aeronautics and Space
Administration, determines appropriate to support the testing
and evaluation.
(c) <<NOTE: Deadline.>> Corrective Actions.--Not later than 90 days
after the submittal of a final report under subsection (e) for an
aircraft fleet, the Secretary of Defense shall take such actions as are
necessary to correct all deficiencies, shortfalls, and gaps in the
breathing system that were discovered or reported as a result of the
testing and evaluation of such aircraft fleet under subsection (a).
(d) Preliminary Reports.--
(1) In general.--Not later than the date specified in
paragraph (2), for each aircraft fleet tested and evaluated
under subsection (a), the Secretary of Defense shall submit to
the congressional defense committees a separate preliminary
report, based on the initial results of such testing and
evaluation, that includes--
[[Page 135 STAT. 1606]]
(A) <<NOTE: Recommenda- tions.>> the initial
findings and recommendations of the Secretary;
(B) potential corrective actions that the Secretary
of Defense may carry out to address deficiencies in the
breathing system of the aircraft tested; and
(C) the results of initial review and assessment,
conducted by the Administrator of the National
Aeronautics and Space Administration for purposes of the
report, of--
(i) the testing and evaluation plans,
execution, processes, data, and technical results
of the testing and evaluation activities under
subsection (a); and
(ii) <<NOTE: Recommenda- tions.>> the initial
findings, recommendations, and potential
corrective actions determined by the Secretary of
Defense under subparagraphs (A) and (B).
(2) Date specified.--The date specified in this paragraph is
the earlier of--
(A) a date selected by the Secretary of the Air
Force that is not later than 180 days after the testing
and evaluation of the aircraft fleet under subsection
(a) has been completed; or
(B) one year after the commencement of the testing
and evaluation of the aircraft fleet under subsection
(a).
(e) Final Reports.--Not later than two years after the commencement
of the testing and evaluation under subsection (a) for an aircraft
fleet, the Secretary of Defense shall submit to the congressional
defense committees a final report on the results of such testing with
respect to such aircraft fleet that includes, based on the final results
of such testing and evaluation--
(1) <<NOTE: Recommenda- tions.>> findings and
recommendations with respect to the breathing system; and
(2) a description of the specific actions the Secretary will
carry out to correct deficiencies in the breathing system, as
required under subsection (c).
(f) Independent Review of Final Report.--
(1) <<NOTE: Consultation. Contracts.>> In general.--The
Secretary of Defense, in consultation with the Administrator of
the National Aeronautics and Space Administration, shall seek to
enter into an agreement with a federally funded research and
development center with relevant expertise to conduct an
independent sufficiency review of the final reports submitted
under subsection (e).
(2) Report to secretary.--Not later than seven months after
the date on which the Secretary of Defense enters into an
agreement with a federally funded research and development
center under paragraph (1), the center shall submit to the
Secretary a report on the results of the review conducted under
such paragraph.
(3) Report to congress.--Not later than 30 days after the
date on which the Secretary of Defense receives the report under
paragraph (2), the Secretary shall submit the report to the
congressional defense committees.
SEC. 225. <<NOTE: Deadlines.>> IDENTIFICATION OF THE HYPERSONICS
FACILITIES AND CAPABILITIES OF THE MAJOR
RANGE AND TEST FACILITY BASE.
(a) Identification Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense
[[Page 135 STAT. 1607]]
shall identify each facility and capability of the Major Range and Test
Facility Base--
(1) the primary mission of which is the test and evaluation
of hypersonics technology; or
(2) that provides other test and evaluation capabilities to
support the development of hypersonics technology.
(b) <<NOTE: Plan.>> Briefing.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on a plan to
improve the capabilities identified under subsection (a), including--
(1) <<NOTE: Schedule.>> a schedule for such improvements;
and
(2) <<NOTE: Proposals.>> a description of any
organizational changes, investments, policy changes, or other
activities the Secretary proposes to carry out as part of such
plan.
(c) <<NOTE: Definition.>> Major Range and Test Facility Base.--In
this section, the term ``Major Range and Test Facility Base'' has the
meaning given that term in section 196(i) of title 10, United States
Code.
SEC. 226. <<NOTE: Assessments. 10 USC 4001 note.>> REVIEW OF
ARTIFICIAL INTELLIGENCE APPLICATIONS AND
ESTABLISHMENT OF PERFORMANCE METRICS.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense shall--
(1) review the potential applications of artificial
intelligence and digital technology to the platforms, processes,
and operations of the Department of Defense; and
(2) establish performance objectives and accompanying
metrics for the incorporation of artificial intelligence and
digital readiness into such platforms, processes, and
operations.
(b) <<NOTE: Requirements.>> Performance Objectives and Accompanying
Metrics.--
(1) <<NOTE: Determination.>> Skill gaps.--In carrying out
subsection (a), the Secretary of Defense shall require each
Secretary of a military department and the heads of such other
organizations and elements of the Department of Defense as the
Secretary of Defense determines appropriate to--
(A) conduct a comprehensive review and assessment
of--
(i) skill gaps in the fields of software
development, software engineering, data science,
and artificial intelligence;
(ii) the qualifications of civilian personnel
needed for both management and specialist tracks
in such fields; and
(iii) the qualifications of military personnel
(officer and enlisted) needed for both management
and specialist tracks in such fields; and
(B) establish recruiting, training, and talent
management performance objectives and accompanying
metrics for achieving and maintaining staffing levels
needed to fill identified gaps and meet the needs of the
Department for skilled personnel.
(2) AI modernization activities.--In carrying out subsection
(a), the Secretary of Defense shall--
(A) assess investment by the Department of Defense
in artificial intelligence innovation, science and
technology, and research and development;
(B) assess investment by the Department in test and
evaluation of artificial intelligence capabilities; and
[[Page 135 STAT. 1608]]
(C) establish performance objectives and
accompanying metrics for artificial intelligence
modernization activities of the Department.
(3) <<NOTE: Coordination.>> Exercises, wargames, and
experimentation.--In conjunction with the activities of the
Secretary of Defense under subsection (a), the Chairman of the
Joint Chiefs of Staff, in coordination with the Director of the
Joint Artificial Intelligence Center, shall--
(A) assess the integration of artificial
intelligence into war-games, exercises, and
experimentation; and
(B) develop performance objectives and accompanying
metrics for such integration.
(4) Logistics and sustainment.--In carrying out subsection
(a), the Secretary of Defense shall require the Under Secretary
of Defense for Acquisition and Sustainment, with support from
the Director of the Joint Artificial Intelligence Center, to--
(A) assess the application of artificial
intelligence in logistics and sustainment systems; and
(B) establish performance objectives and
accompanying metrics for integration of artificial
intelligence in the Department of Defense logistics and
sustainment enterprise.
(5) <<NOTE: Coordination.>> Business applications.--In
carrying out subsection (a), the Secretary of Defense shall
require the Under Secretary of Defense (Comptroller), in
coordination with the Director of the Joint Artificial
Intelligence Center, to--
(A) assess the integration of artificial
intelligence for administrative functions that can be
performed with robotic process automation and artificial
intelligence-enabled analysis; and
(B) establish performance objectives and
accompanying metrics for the integration of artificial
intelligence in priority business process areas of the
Department of Defensee, including the following:
(i) Human resources.
(ii) Budget and finance, including audit.
(iii) Retail.
(iv) Real estate.
(v) Health care.
(vi) Logistics.
(vii) Such other business processes as the
Secretary considers appropriate.
(c) Report to Congress.--Not later than 120 days after the
completion of the review required by subsection (a)(1), the Secretary of
Defense shall submit to the congressional defense committees a report
on--
(1) <<NOTE: Proposals.>> the findings of the Secretary with
respect to the review and any action taken or proposed to be
taken by the Secretary to address such findings; and
(2) the performance objectives and accompanying metrics
established under subsections (a)(2) and (b).
[[Page 135 STAT. 1609]]
SEC. 227. <<NOTE: 10 USC 4001 note.>> MODIFICATION OF THE JOINT
COMMON FOUNDATION PROGRAM.
(a) Modification of Joint Common Foundation.--The Secretary of
Defense shall modify the Joint Common Foundation program conducted by
the Joint Artificial Intelligence Center to ensure that Department of
Defense components can more easily contract with leading commercial
artificial intelligence companies to support the rapid and efficient
development and deployment of applications and capabilities.
(b) Qualifying Commercial Companies.--The Secretary of Defense shall
take such actions as may be necessary to increase the number of
commercial artificial intelligence companies eligible to provide support
to Department of Defense components, including with respect to
requirements for cybersecurity protections and processes, to achieve
automatic authority to operate and provide continuous delivery, security
clearances, data portability, and interoperability.
(c) Use of FAR Part 12.--The Secretary of Defense shall ensure that,
to the maximum extent practicable, commercial artificial intelligence
companies are able to offer platforms, services, applications, and tools
to Department of Defense components through processes and procedures
under part 12 of the Federal Acquisition Regulation.
(d) Objectives of the Joint Common Foundation Program.--The
objectives of the Joint Common Foundation program shall include the
following:
(1) Relieving Department of Defense components of the need
to design or develop or independently contract for the computing
and data hosting platforms and associated services on and
through which the component at issue would apply its domain
expertise to develop specific artificial intelligence
applications.
(2) Providing expert guidance to components in selecting
commercial platforms, tools, and services to support the
development of component artificial intelligence applications.
(3) Ensuring that leading commercial artificial intelligence
technologies and capabilities are easily and rapidly accessible
to components through streamlined contracting processes.
(4) Assisting components in designing, developing,
accessing, or acquiring commercial or non-commercial
capabilities that may be needed to support the operational use
of artificial intelligence applications.
(5) Enabling companies to develop software for artificial
intelligence applications within secure software development
environments that are controlled, sponsored, required, or
specified by the Department of Defense, including PlatformOne of
the Department of the Air Force
(e) <<NOTE: Deadline.>> Briefing.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on actions
taken to carry out this section.
SEC. 228. <<NOTE: 10 USC 2001 note prec.>> EXECUTIVE EDUCATION ON
EMERGING TECHNOLOGIES FOR SENIOR CIVILIAN
AND MILITARY LEADERS.
(a) <<NOTE: Deadline.>> Establishment of Course.--Not later than two
years after the date of the enactment of this Act, the Secretary of
Defense
[[Page 135 STAT. 1610]]
shall establish executive education activities on emerging technologies
for appropriate general and flag officers and senior executive-level
civilian leaders that are designed specifically to prepare new general
and flag officers and senior executive-level civilian leaders on
relevant technologies and how these technologies may be applied to
military and business activities in the Department of Defense.
(b) Plan for Participation.--
(1) In general.--The Secretary of Defense shall develop a
plan for participation in executive education activities
established under subsection (a).
(2) <<NOTE: Deadline.>> Requirements.--As part of such
plan, the Secretary shall ensure that, not later than five years
after the date of the establishment of the activities under
subsection (a), all appropriate general flag officers and senior
executive-level civilian leaders are--
(A) required to complete the executive education
activities under such subsection; and
(B) <<NOTE: Certification.>> certified as having
successfully completed the executive education
activities.
(c) Report.--
(1) In general.--Not later than the date that is three years
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on the status of the implementation of
the activities required by subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) A description of the new general and flag
officers and senior executive-level civilian leaders for
whom the education activities have been designated.
(B) <<NOTE: Recommenda- tions.>> A recommendation
with respect to continuing or expanding the activities
required under subsection (a).
SEC. 229. <<NOTE: 10 USC 4001 note.>> ACTIVITIES TO ACCELERATE
DEVELOPMENT AND DEPLOYMENT OF DUAL-USE
QUANTUM TECHNOLOGIES.
(a) Activities Required.--The Secretary of Defense shall establish a
set of activities--
(1) to accelerate the development and deployment of dual-use
quantum capabilities;
(2) to ensure the approach of the United States to
investments of the Department of Defense in quantum information
science research and development reflects an appropriate balance
between scientific progress and the potential economic and
security implications of such progress;
(3) to ensure that the Department of Defense is fully aware
and has a technical understanding of the maturity and
operational utility of new and emerging quantum technologies;
and
(4) to ensure the Department of Defense consistently has
access to the most advanced quantum capabilities available in
the commercial sector to support research and modernization
activities.
(b) Assistance Program.--
(1) <<NOTE: Consultation.>> Program required.--In carrying
out subsection (a) and subject to the availability of
appropriations for such purpose, the Secretary of Defense shall,
acting through the Director
[[Page 135 STAT. 1611]]
of the Defense Advanced Research Projects Agency and in
consultation with appropriate public and private sector
organizations, establish a program under which the Secretary may
award assistance to one or more organizations--
(A) to identify defense applications for which dual-
use quantum technologies provide a clear advantage over
competing technologies;
(B) to accelerate development of such quantum
technologies; and
(C) to accelerate the deployment of dual-use quantum
capabilities.
(2) <<NOTE: Grants. Contracts.>> Form of assistance.--
Assistance awarded under the program required by paragraph (1)
may consist of a grant, a contract, a cooperative agreement,
other transaction, or such other form of assistance as the
Secretary of Defense considers appropriate.
(3) Authorities and acquisition approaches.--The Secretary
of Defense may use the following authorities and approaches for
the program required by paragraph (1):
(A) Section 2374a of title 10, United States Code,
relating to prizes for advanced technology achievements.
(B) Section 2373 of such title, relating to
procurement for experimental purposes.
(C) Sections 2371 and 2371b of such title, relating
to transactions other than contracts and grants and
authority of the Department of Defense to carry out
certain prototype projects, respectively.
(D) Section 2358 of such title, relating to research
and development projects.
(E) Section 879 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 10 U.S.C. 2302 note), relating to defense pilot
program for authority to acquire innovative commercial
products, technologies, and services using general
solicitation competitive procedures.
(F) Requirement for milestone payments based on
technical achievements.
(G) Requirement for cost share from private sector
participants in the program.
(H) Commercial procurement authority under part 12
of the Federal Acquisition Regulation.
(I) Such other authorities or approaches as the
Secretary considers appropriate.
(4) <<NOTE: Consultation.>> Policies and procedures.--The
Secretary of Defense shall, in consultation with such experts
from government and industry as the Secretary considers
appropriate, establish policies and procedures to carry out the
program required by paragraph (1).
(c) Briefing and Report.--
(1) <<NOTE: Deadline.>> Briefing.--Not later than March 1,
2022, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the plan to carry
out the activities required by subsection (a) and the program
required by subsection (b).
(2) <<NOTE: Termination date.>> Report.--Not later than
December 31, 2022, and not less frequently than once each year
thereafter until December 31, 2026, the Secretary of Defense
shall submit to the congressional defense committees a report on
the activities carried
[[Page 135 STAT. 1612]]
out under subsection (a) and the program carried out under
subsection (b).
SEC. 230. <<NOTE: Coordination.>> NATIONAL GUARD PARTICIPATION IN
MICROREACTOR TESTING AND EVALUATION.
The Secretary of Defense may, in coordination with the Director of
the Strategic Capabilities Office and the Chief of the National Guard
Bureau, assemble a collection of four National Guard units to
participate in the testing and evaluation of a micro nuclear reactor
program.
SEC. 231. <<NOTE: 10 USC 4007 note.>> PILOT PROGRAM ON THE USE OF
PRIVATE SECTOR PARTNERSHIPS TO PROMOTE
TECHNOLOGY TRANSITION.
(a) In General.--Consistent with section 2359 of title 10, United
States Code, the Secretary of Defense shall carry out a pilot program to
foster the transition of the science and technology programs, projects,
and activities of the Department of Defense from the research,
development, pilot, and prototyping phases into acquisition activities
and operational use. <<NOTE: Contracts.>> Under the pilot program, the
Secretary shall seek to enter into agreements with qualified private
sector organizations to support--
(1) matching technology developers with programs, projects,
and activities of the Department that may have a use for the
technology developed by such developers;
(2) providing technical assistance to appropriate parties on
participating in the procurement programs and acquisition
processes of the Department, including training and consulting
on programming, budgeting, contracting, requirements, and other
relevant processes and activities; and
(3) overcoming barriers and challenges facing technology
developers, including challenges posed by restrictions on
accessing secure facilities, networks, and information.
(b) Priority.--In carrying out the activities described in
paragraphs (1) through (3) of subsection (a), a qualified private sector
organization shall give priority to technology producers that are small
business concerns (as defined under section 3 of the Small Business Act
(15 U.S.C. 632)), research institutions (as defined in section 9(e) of
such Act), or institutions of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C 1001)).
(c) <<NOTE: Determination.>> Terms of Agreements.--The terms of an
agreement under subsection (a) shall be determined by the Secretary of
Defense.
(d) Data Collection.--
(1) <<NOTE: Effective date.>> Plan required before
implementation.--The Secretary of Defense may not enter into an
agreement under subsection (a) until the date on which the
Secretary--
(A) completes a plan to for carrying out the data
collection required under paragraph (2); and
(B) submits the plan to the congressional defense
committees.
(2) <<NOTE: Analysis.>> Data collection required.--The
Secretary of Defense shall collect and analyze data on the pilot
program under this section for the purposes of--
(A) developing and sharing best practices for
facilitating the transition of science and technology
from the research, development, pilot, and prototyping
phases into acquisition activities and operational use
within the Department of Defense;
[[Page 135 STAT. 1613]]
(B) providing information to the leadership of the
Department on the implementation of the pilot program
and related policy issues; and
(C) providing information to the congressional
defense committees as required under subsection (e).
(e) <<NOTE: Deadline.>> Briefing.--Not later than December 31,
2022, the Secretary of Defense shall provide to the congressional
defense committees a briefing on the progress of the Secretary in
implementing the pilot program under this section and any related policy
issues.
(f) Consultation.--In carrying out the pilot program under this
section, the Secretary of Defense shall consult with--
(1) service acquisition executives (as defined in section
101 of title 10, United States Code);
(2) the heads of appropriate Defense Agencies and Department
of Defense Field Activities;
(3) procurement technical assistance centers (as described
in chapter 142 of title 10, United States Code); and
(4) <<NOTE: Determination.>> such other individuals and
organizations as the Secretary determines appropriate.
(g) Termination.--The pilot program under this section shall
terminate on the date that is five years after the date on which
Secretary of Defense enters into the first agreement with a qualified
private sector organization under subsection (a).
(h) Comptroller General Assessment and Report.--
(1) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the pilot program under
this section. <<NOTE: Evaluation.>> The assessment shall
include an evaluation of the effectiveness of the pilot program
with respect to--
(A) facilitating the transition of science and
technology from the research, development, pilot, and
prototyping phases into acquisition activities and
operational use within the Department of Defense; and
(B) protecting sensitive information in the course
of the pilot program.
(2) Report.--Not later than the date specified in paragraph
(3), the Comptroller General shall submit to the congressional
defense committees a report on the results of the assessment
conducted under paragraph (1).
(3) <<NOTE: Time periods.>> Date specified.--The date
specified in this paragraph is the earlier of--
(A) four years after the date on which the Secretary
of Defense enters into the first agreement with a
qualified private sector organization under subsection
(a): or
(B) five years after the date of the enactment of
this Act.
SEC. 232. <<NOTE: 10 USC 4001 note.>> PILOT PROGRAM ON DATA
REPOSITORIES TO FACILITATE THE DEVELOPMENT
OF ARTIFICIAL INTELLIGENCE CAPABILITIES
FOR THE DEPARTMENT OF DEFENSE.
(a) <<NOTE: Determination.>> Establishment of Data Repositories.--
The Secretary of Defense, acting through the Chief Data Officer of the
Department of Defense and the Director of the Joint Artificial
Intelligence Center (and such other officials as the Secretary
determines appropriate), may carry out a pilot program under which the
Secretary--
(1) establishes data repositories containing Department of
Defense data sets relevant to the development of artificial
intelligence software and technology; and
[[Page 135 STAT. 1614]]
(2) allows appropriate public and private sector
organizations to access such data repositories for the purpose
of developing improved artificial intelligence and machine
learning software capabilities that may, as determined
appropriate by the Secretary, be procured by the Department to
satisfy Department requirements and technology development
goals.
(b) Elements.--If the Secretary of Defense carries out the pilot
program under subsection (a), the data repositories established under
the program--
(1) may include unclassified training quality data sets and
associated labels representative of diverse types of
information, representing Department of Defense missions,
business processes, and activities; and
(2) shall--
(A) be categorized and annotated to support
development of a common evaluation framework for
artificial intelligence models and other technical
software solutions;
(B) be made available to appropriate public and
private sector organizations to support rapid
development of software and artificial intelligence
capabilities;
(C) include capabilities and tool sets to detect,
evaluate, and correct errors in data annotation,
identify gaps in training data used in model development
that would require additional data labeling, and
evaluate model performance across the life cycle of the
data repositories; and
(D) be developed to support other missions and
activities as determined by the Secretary.
(c) <<NOTE: Deadline.>> Briefing.--Not later than 270 days after
the date of the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on--
(1) whether the Secretary intends to carry out the pilot
program under this section;
(2) if the Secretary does not intend to carry out the pilot
program, an explanation of the reasons for such decision;
(3) if the Secretary does intend to carry out the pilot
program, or if the Secretary has already initiated the pilot
program as of the date of the briefing--
(A) <<NOTE: Determination.>> the types of
information the Secretary determines are feasible and
advisable to include in the data repositories described
in subsection (a); and
(B) the progress of the Secretary in carrying out
the program.
SEC. 233. <<NOTE: 10 USC 4571 note.>> PILOT PROGRAMS FOR
DEPLOYMENT OF TELECOMMUNICATIONS
INFRASTRUCTURE TO FACILITATE 5G DEPLOYMENT
ON MILITARY INSTALLATIONS.
(a) Plans.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after enactment of this Act, each Secretary of a military
department shall submit to the congressional defense committees
a plan for a pilot program for the deployment of
telecommunications infrastructure to facilitate the availability
of fifth-generation wireless telecommunications services on
military installations under the jurisdiction of the Secretary.
[[Page 135 STAT. 1615]]
(2) Plan elements.--Each plan submitted under paragraph (1)
by a Secretary of a military department shall include, with
respect to such military department, the following:
(A) <<NOTE: List.>> A list of military
installations at which the pilot program will be carried
out, including at least one military installation of the
department.
(B) A description of authorities that will be used
to execute the pilot program.
(C) <<NOTE: Timeline.>> A timeline for the
implementation and duration of the pilot program.
(D) The identity of each telecommunication carrier
that intends to use the telecommunications
infrastructure deployed pursuant to the pilot to provide
fifth-generation wireless telecommunication services at
each of the military installations listed under
subparagraph (A).
(E) <<NOTE: Assessment.>> An assessment of need for
centralized processes and points of contacts to
facilitate deployment of the telecommunications
infrastructure.
(b) <<NOTE: Deadline.>> Pilot Programs Required.--Not later than
one year after the date of the enactment of this Act, each Secretary of
a military department shall establish a pilot program in accordance with
the plan submitted by the Secretary under subsection (a)(1).
(c) Reports.--
(1) <<NOTE: Time period.>> In general.--Not later than 180
days after the date on which a Secretary of a military
department commences a pilot program under subsection (b), and
not less frequently than once every 180 days thereafter until
the completion of the pilot program, the Secretary shall submit
to the congressional defense committees a report on the pilot
program.
(2) Contents.--Each report submitted under paragraph (1) for
a pilot program shall include the following:
(A) A description of the status of the pilot program
at each military installation at which the pilot program
is carried out.
(B) A description of the use of, and services
provided by, telecommunications carriers of the
telecommunications infrastructure at each military
installation under the pilot program.
(C) Such additional information as the Secretary of
the military department considers appropriate.
(d) Telecommunications Infrastructure Defined.--In this section, the
term ``telecommunications infrastructure'' includes, at a minimum, the
following:
(1) Macro towers.
(2) Small cell poles.
(3) Distributed antenna systems.
(4) Dark fiber.
(5) Power solutions.
SEC. 234. LIMITATION ON DEVELOPMENT OF PROTOTYPES FOR THE
OPTIONALLY MANNED FIGHTING VEHICLE PENDING
REQUIREMENTS ANALYSIS.
(a) <<NOTE: Time period.>> Limitation.--The Secretary of the Army
may not enter into a contract for the development of a physical
prototype for the Optionally Manned Fighting Vehicle or any other next-
generation infantry fighting vehicle of the Army until a period of 30
days has elapsed following the date on which the Secretary submits
[[Page 135 STAT. 1616]]
to the congressional defense committees the report required under
subsection (b).
(b) Report Required.--
(1) In general.--The Secretary of the Army shall submit to
the congressional defense committees a report on the analysis
supporting the determination of formal requirements or desired
characteristics for the Optionally Manned Fighting Vehicle
refined through the concept and detailed design phases of the
acquisition strategy.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A detailed description of the formal
requirements applicable to the Optionally Manned
Fighting Vehicle or desired characteristics guiding the
physical prototyping phase of the program.
(B) A description of the analysis conducted to
finalize such requirements and characteristics.
(C) A description of Optionally Manned Fighting
Vehicle-equipped force structure designs and the
operational concepts analyzed during the vehicle concept
design and detailed design phases.
(D) A detailed description of the analysis
conducted, trade-offs considered, and conclusions drawn
with respect to the force structure designs and
operational concepts, survivability, mobility,
lethality, payload, and combat effectiveness in
execution of the critical operational tasks required of
fighting-vehicle-equipped infantry.
(E) <<NOTE: Assessment.>> An assessment and
comparison of the combat effectiveness (including
survivability, mobility, and lethality) of combined arms
company teams equipped with Optionally Manned Fighting
Vehicles compared to those equipped with fully
modernized Bradley Fighting Vehicles.
(c) <<NOTE: Time period.>> Briefing Required.--At least 30 days
prior to the submission of the report under subsection (b), the
Secretary of the Army shall provide to the congressional defense
committees a briefing on the preliminary findings of the Secretary with
respect to each element specified in subsection (b)(2).
(d) <<NOTE: Deadline.>> Comptroller General Assessment.--Not later
than 60 days after the date on which the report under subsection (b) is
submitted, the Comptroller General of the United States shall submit to
the congressional defense committees a written assessment of the report,
including--
(1) an assessment of the objectivity, validity, and
reliability of the Army's analysis with respect to each element
specified in subsection (b)(2); and
(2) any other matters the Comptroller General determines
appropriate.
SEC. 235. LIMITATION ON TRANSFER OF CERTAIN OPERATIONAL FLIGHT
TEST EVENTS AND REDUCTIONS IN OPERATIONAL
FLIGHT TEST CAPACITY.
(a) Limitation.--
(1) <<NOTE: Effective date. Consultation. Certification.>>
In general.--The Secretary of the Navy may not take any action
described in paragraph (2) until the date on which the Director
of Operational Test and Evaluation, in consultation with the
Secretary of the Navy, certifies to the congressional defense
committees that the use of non-test designated units
[[Page 135 STAT. 1617]]
to conduct flight testing will not have any appreciable effect
on--
(A) the cost or schedule of any naval aviation or
naval aviation-related program; or
(B) the efficacy of test execution, analysis, and
evaluation for any such program.
(2) Actions described.--The actions described in this
paragraph are the following:
(A) The delegation of any operational flight test
event to be conducted by a non-test designated unit.
(B) Any action that would reduce, below the levels
authorized and in effect on October 1, 2020, any of the
following:
(i) The aviation or aviation-related
operational testing and evaluation capacity of the
Department of the Navy.
(ii) The personnel billets assigned to support
such capacity.
(iii) The aviation force structure, aviation
inventory, or quantity of aircraft assigned to
support such capacity, including rotorcraft and
fixed-wing aircraft.
(b) <<NOTE: Assessments.>> Report Required.--Not later than
September 1, 2022, the Director of Operational Test and Evaluation shall
submit to the congressional defense committees a report that assesses
each of the following as of the date of the report:
(1) The design and effectiveness of the testing and
evaluation infrastructure and capacity of the Department of the
Navy, including an assessment of whether such infrastructure and
capacity is sufficient to carry out the acquisition and
sustainment testing required for the aviation-related programs
of the Department of Defense and the naval aviation-related
programs of the Department of the Navy.
(2) <<NOTE: Plans.>> The plans of the Secretary of the Navy
to reduce the testing and evaluation capacity and infrastructure
of the Navy with respect to naval aviation in fiscal year 2022
and subsequent fiscal years, as specified in the budget of the
President submitted to Congress on May 28, 2021.
(3) The technical, fiscal, and programmatic issues and risks
associated with the plans of the Secretary of the Navy to
delegate and task non-test designated operational naval aviation
units and organizations to efficiently and effectively execute,
analyze, and evaluate testing and evaluation master plans for
all aviation-related programs and projects of the Department of
the Navy.
(c) Non-test Designated Unit Defined.--In this section, the term
``non-test designated unit'' means a naval aviation unit that does not
have designated as its primary mission operational testing and
evaluation in support of naval aviation or naval aviation-related
projects and programs.
SEC. 236. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN C-130
AIRCRAFT.
None <<NOTE: Effective date. Reports. Plans.>> of the funds
authorized to be appropriated by this Act or otherwise made available
for fiscal year 2022 for the Navy may be obligated or expended to
procure a C-130 aircraft for testing and evaluation as a potential
replacement for the E-6B
[[Page 135 STAT. 1618]]
aircraft until the date on which all of the following conditions are
met:
(1) The Secretary of the Navy has submitted to the
congressional defense committees a report that includes--
(A) the unit cost of each such C-130 test aircraft;
(B) the life cycle sustainment plan for such C-130
aircraft;
(C) a statement indicating whether such C-130
aircraft will be procured using multiyear contracting
authority under section 2306b of title 10, United States
Code; and
(D) the total amount of funds needed to complete the
procurement of such C-130 aircraft.
(2) <<NOTE: Certification. Effective date.>> The Secretary
of the Navy has certified to the congressional defense
committees that C-130 aircraft in the inventory of the Air Force
as of the date of the enactment of this Act would not be capable
of fulfilling all requirements under the E-6B aircraft program
of record.
(3) The Commander of the United States Strategic Command has
submitted to the congressional defense committees a report
identifying the plan for hardware that will replace the E-6B
aircraft while fulfilling all requirements under the E-6B
program of record.
SEC. 237. LIMITATION ON AVAILABILITY OF FUNDS FOR VC-25B AIRCRAFT
PROGRAM PENDING SUBMISSION OF
DOCUMENTATION.
(a) <<NOTE: Deadline. Schedule>> Documentation Required.--Not later
than 30 days after the date of the enactment of this Act, the Secretary
of the Air Force shall submit to the congressional defense committees an
integrated master schedule that has been approved by the Secretary for
the VC-25B presidential aircraft recapitalization program of the Air
Force.
(b) <<NOTE: Effective date.>> Limitation.--Of the funds authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2022 for the Air Force for the VC-25B aircraft, not more than 50
percent may be obligated or expended until the date on which the
Secretary of the Air Force submits to the congressional defense
committees the documentation required under subsection (a).
SEC. 238. LIMITATION ON AVAILABILITY OF FUNDS FOR THE HIGH
ACCURACY DETECTION AND EXPLOITATION
SYSTEM.
Of <<NOTE: Certification.>> the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2022 for
research, development, test, and evaluation for the Army for the High
Accuracy Detection and Exploitation System, not more than 75 percent may
be obligated or expended until the Vice Chairman of the Joint Chiefs of
Staff certifies to the congressional defense committees that--
(1) the High Accuracy Detection and Exploitation System
enables multi-domain operations for the Army and is consistent
with the Joint All Domain Command and Control strategy of the
Department of Defense; and
(2) in a conflict, the System will be able to operate at
standoff distances for survivability against enemy air defenses,
while providing signals intelligence, electronic intelligence,
communications intelligence, or synthetic aperture radar or
moving target indicator information to the ground component
commander, consistent with planned operational concepts.
[[Page 135 STAT. 1619]]
Subtitle C--Plans, Reports, and Other Matters
SEC. 241. MODIFICATION TO ANNUAL REPORT OF THE DIRECTOR OF
OPERATIONAL TEST AND EVALUATION.
Section 139(h)(2) of title 10, United States Code, is amended by
striking ``, through January 31, 2026''.
SEC. 242. ADAPTIVE ENGINE TRANSITION PROGRAM ACQUISITION STRATEGY
FOR THE F-35A AIRCRAFT.
(a) <<NOTE: Consultation.>> In General.--Not later than 14 days
after the date on which the budget of the President for fiscal year 2023
is submitted to Congress pursuant to section 1105 of title 31, United
States Code, the Secretary of the Air Force, in consultation with the
Under Secretary of Defense for Acquisition and Sustainment, shall submit
to the congressional defense committees a report on the integration of
the Adaptive Engine Transition Program propulsion system into the F-35A
aircraft.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A competitive acquisition strategy, informed by fiscal
considerations, to--
(A) integrate the Adaptive Engine Transition Program
propulsion system into the F-35A aircraft; and
(B) <<NOTE: Deadline.>> begin, not later than
fiscal year 2027, activities to retrofit all F-35A
aircraft with such propulsion system.
(2) An implementation plan to implement such strategy.
(3) <<NOTE: Schedule.>> A schedule annotating pertinent
milestones and yearly fiscal resource requirements for the
implementation of such strategy.
SEC. 243. ACQUISITION STRATEGY FOR AN ADVANCED PROPULSION SYSTEM
FOR F-35B AND F-35C AIRCRAFT.
(a) <<NOTE: Consultation.>> In General.--Not later than 14 days
after the date on which the budget of the President for fiscal year 2023
is submitted to Congress pursuant to section 1105 of title 31, United
States Code, the Secretary of the Navy, in consultation with the Under
Secretary of Defense for Acquisition and Sustainment, shall submit to
the congressional defense committees a report on the integration of an
advanced propulsion system into F-35B and F-35C aircraft.
(b) <<NOTE: Assessments.>> Elements.--The report required under
subsection (a) shall include the following:
(1) <<NOTE: Analysis.>> An analysis the effects of an
advanced propulsion system on the combat effectiveness and
sustainment costs of F-35B and F-35C aircraft, including any
effects resulting from--
(A) increased thrust, fuel efficiency, thermal
capacity, and electrical generation; and
(B) improvements in acceleration, speed, range, and
overall mission effectiveness.
(2) An assessment of how the integration of an advanced
propulsion system may result in--
(A) a reduction in dependency on support assets,
including air refueling and replenishment tankers; and
(B) an overall cost benefit to the Department from
reduced acquisition and sustainment for such support
assets.
[[Page 135 STAT. 1620]]
(3) <<NOTE: Deadline.>> A competitive acquisition strategy
(informed by fiscal considerations, the assessment of combat
effectiveness under paragraph (1), and consideration of
technical limitations)--
(A) to integrate an advanced propulsion system into
F-35B aircraft and F-35C aircraft;
(B) to begin, not later than fiscal year 2027,
activities to produce all F-35B aircraft and all F-35C
aircraft with such propulsion systems; and
(C) to begin, not later than fiscal year 2027,
activities to retrofit all F-35B aircraft and all F-35C
aircraft with such propulsion systems.
(c) Advanced Propulsion System Defined.--In this section, term
``advanced propulsion system'' means--
(1) a derivative of the propulsion system developed for the
F-35 aircraft under the Adaptive Engine Transition Program of
the Air Force; or
(2) a derivative of a propulsion system previously developed
for the F-35 aircraft.
SEC. 244. ASSESSMENT OF THE DEVELOPMENT AND TEST ENTERPRISE OF THE
AIR FORCE RESEARCH LABORATORY.
(a) Assessment Required.--The Secretary of the Air Force shall
conduct an assessment of the ability of the Air Force Research
Laboratory to effectively carry out development and testing activities
with respect to the capabilities of the Space Force specific to space
access and space operations.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of the Air Force shall submit to the
congressional defense committees a report on the results of the
assessment conducted under subsection (a). The report shall include an
explanation of--
(1) any challenges to the development and testing
capabilities of the Air Force Research Laboratory as described
subsection (a), including any challenges relating to test
activities and infrastructure;
(2) any changes to the organizational structure of the
Laboratory that may be needed to enable the laboratory to
adequately address the missions of both the Space Force and the
Air Force generally, and the amount of funding, if any, required
to implement such changes;
(3) any barriers to the recapitalization of the testing
infrastructure of the Laboratory; and
(4) <<NOTE: Plans.>> the plans of the Secretary to address
the issues identified under paragraphs (1) through (3).
SEC. 245. STUDY ON EFFICIENT USE OF DEPARTMENT OF DEFENSE TEST AND
EVALUATION ORGANIZATIONS, FACILITIES, AND
LABORATORIES.
(a) Study Required.--
(1) <<NOTE: Deadline.>> In general.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall direct the Defense Science Board to carry out a
study on the resources and capabilities of the test and
evaluation organizations, facilities, and laboratories of the
Department of Defense.
(2) Participation.--Participants in the study conducted
under paragraph (1) shall include the following:
[[Page 135 STAT. 1621]]
(A) Such members of the Defense Science Board as the
Chairman of the Board considers appropriate for the
study.
(B) Such additional temporary members or contracted
support as the Secretary--
(i) selects from those recommended by the
Chairman for purposes of the study; and
(ii) considers to have significant technical,
policy, or military expertise relevant to defense
test and evaluation missions.
(3) <<NOTE: Assessments.>> Elements.--The study conducted
under paragraph (1) shall include the following:
(A) Assessment of the effectiveness of current
developmental testing, operational testing, and
integrated testing within the Department of Defense in
meeting statutory objectives and the test and evaluation
requirements of the Adaptive Acquisition Framework.
(B) Identification of industry and government best
practices for conducting developmental testing,
operational testing, and integrated testing.
(C) Potential applicability of industry and
government best practices for conducting developmental
testing, operational testing, and integrated testing
within the Department to improve test and evaluation
outcomes.
(D) Identification of duplication of efforts and
other non- or low-value added activities that reduce
speed and effectiveness of test and evaluation
activities.
(E) Assessment of test and evaluation oversight
organizations within the Office of the Secretary of
Defense, including their authorities, responsibilities,
activities, resources, and effectiveness, including with
respect to acquisition programs of the military
departments and Defense Agencies.
(F) Assessment of the research, development, test,
and evaluation infrastructure master plan required under
section 252 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2358
note).
(F) Development and assessment of potential courses
of action to improve the effectiveness of oversight of
developmental testing, operational testing, and
integrated testing activities, and test and evaluation
resources within the Office of the Secretary of Defense,
including as one such course of action establishing a
single integrated office with such responsibilities.
(G) <<NOTE: Recommenda- tions.>> Development of
such recommendations as the Defense Science Board may
have for legislative changes, authorities,
organizational realignments, and administrative actions
to improve test and evaluation oversight and
capabilities, and facilitate better test and evaluation
outcomes.
(H) Such other matters as the Secretary considers
appropriate.
(4) <<NOTE: Analysis.>> Access to information.--The
Secretary of Defense shall provide the Defense Science Board
with timely access to appropriate information, data, resources,
and analysis so that the Board may conduct a thorough and
independent analysis as required under this subsection.
[[Page 135 STAT. 1622]]
(5) Report.--
(A) Report of board.--Not later than one year after
the date on which the Secretary of Defense directs the
Defense Science Board to conduct the study under
paragraph (1), or December 1, 2022, whichever occurs
earlier, the Board shall transmit to the Secretary a
final report on the study.
(B) Submittal to congress.--Not later than 30 days
after the date on which the Secretary of Defense
receives the final report under subparagraph (A), the
Secretary shall submit to the congressional defense
committees such report and such comments as the
Secretary considers appropriate.
(b) <<NOTE: Deadline.>> Briefing Required.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall provide the congressional defense committees a briefing on the
schedule and plan to execute activities under this section.
SEC. 246. REPORT ON AUTONOMY INTEGRATION IN MAJOR WEAPON SYSTEMS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on activities to resource and
integrate autonomy software into appropriate systems to enable the
continued operational capability of such systems in GPS-denied
environments by fiscal year 2025.
(b) Elements.--The report required under subsection (a) shall
include--
(1) <<NOTE: List.>> a list of systems, to be selected by
the Secretary of Defense, which can be integrated with autonomy
software as described in subsection (a) by fiscal year 2025;
(2) <<NOTE: Timelines.>> timelines for integrating autonomy
software into the systems as identified under paragraph (1);
(3) <<NOTE: Requirements.>> funding requirements related to
the development, acquisition, and testing of autonomy software
for such systems;
(4) <<NOTE: Plans.>> plans to leverage advanced artificial
intelligence technologies, as appropriate, for such systems;
(5) <<NOTE: Plans.>> plans for ensuring the safety and
security of such systems equipped with autonomy software,
including plans for testing, evaluation, validation, and
verification of such systems; and
(6) <<NOTE: List.>> a list of Department of Defense
policies in effect as of the date of the report that would need
to be modified or revoked in order to implement the software
integration described in subsection (a).
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 247. <<NOTE: Time periods.>> REPORTS AND BRIEFINGS ON
RECOMMENDATIONS OF THE NATIONAL SECURITY
COMMISSION ON ARTIFICIAL INTELLIGENCE
REGARDING THE DEPARTMENT OF DEFENSE.
(a) Reports Required.--On an annual basis during the two-year period
beginning on the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a report on
the recommendations made by the National Security Commission on
Artificial Intelligence with respect to the Department of
Defense. <<NOTE: Determinations. Analyses.>> Each such report shall
include--
[[Page 135 STAT. 1623]]
(1) for each such recommendation, a determination of whether
the Secretary of Defense intends to implement the
recommendation;
(2) <<NOTE: Timeline. Plan.>> in the case of a
recommendation the Secretary intends to implement, the intended
timeline for implementation, a description of any additional
resources or authorities required for such implementation, and
the plan for such implementation;
(3) in the case of a recommendation the Secretary determines
is not advisable or feasible, the analysis and justification of
the Secretary in making that determination; and
(4) in the case of a recommendation the Secretary determines
the Department is already implementing through a separate line
of effort, the analysis and justification of the Secretary in
making that determination.
(b) Briefings Required.--Not less frequently than once each year
during the two-year period beginning on the date of the enactment of
this Act, the Secretary of Defense shall provide to the congressional
defense committees a briefing on--
(1) the progress of the Secretary in analyzing and
implementing the recommendations made by the National Security
Commission on Artificial Intelligence with respect to the
Department of Defense;
(2) any programs, projects, or other activities of the
Department that are being carried out to advance the
recommendations of the Commission; and
(3) the amount of funding provided for such programs,
projects, and activities.
TITLE III--OPERATION AND MAINTENANCE
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Inclusion of impacts on military installation resilience in
the National Defense Strategy and associated documents.
Sec. 312. Energy efficiency targets for Department of Defense data
centers.
Sec. 313. Grants for maintaining or improving military installation
resilience.
Sec. 314. Maintenance of current analytical tools in evaluating energy
resilience measures.
Sec. 315. Authority to transfer amounts derived from energy cost
savings.
Sec. 316. Exemption from prohibition on use of open-air burn pits in
contingency operations outside the United States.
Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership
program to include resilience.
Sec. 318. Inspection of piping and support infrastructure at Red Hill
Bulk Fuel Storage Facility, Hawai`i.
Sec. 319. Energy, water, and waste net-zero requirement for major
military installations.
Sec. 320. Demonstration program on domestic production of rare earth
elements from coal byproducts.
Sec. 321. Long-duration demonstration initiative and joint program.
Sec. 322. Pilot program to test new software to track emissions at
certain military installations.
Sec. 323. Department of Defense plan to reduce greenhouse gas emissions.
Subtitle C--National Security Climate Resilience
Sec. 331. Definitions.
[[Page 135 STAT. 1624]]
Sec. 332. Climate Resilience Infrastructure Initiative of the Department
of Defense.
Sec. 333. Inclusion of information regarding extreme weather and cyber
attacks or disruptions in reports on national technology and
industrial base.
Sec. 334. Climate resilience in planning, engagement strategies,
infrastructure, and force development of Department of
Defense.
Sec. 335. Assessment of climate risks to infrastructure of Department of
Defense.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Treatment by Department of Defense of perfluoroalkyl
substances and polyfluoroalkyl substances.
Sec. 342. Extension of transfer authority for funding of study and
assessment on health implications of per- and polyfluoroalkyl
substances contamination in drinking water by Agency for
Toxic Substances and Disease Registry.
Sec. 343. Temporary moratorium on incineration by Department of Defense
of perfluoroalkyl substances, polyfluoroalkyl substances, and
aqueous film forming foam.
Sec. 344. Review and guidance relating to prevention and mitigation of
spills of aqueous film-forming foam.
Sec. 345. Public disclosure of results of Department of Defense testing
of water for perfluoroalkyl or polyfluoroalkyl substances.
Sec. 346. Review of agreements with non-Department entities with respect
to prevention and mitigation of spills of aqueous film-
forming foam.
Sec. 347. Comptroller General study on Department of Defense procurement
of certain items containing certain PFAS substances.
Sec. 348. Report on schedule for completion of remediation of
perfluoroalkyl substances and polyfluoroalkyl substances.
Sec. 349. Report on remediation of perfluoroalkyl substances and
polyfluoroalkyl substances at certain military installations.
Subtitle E--Logistics and Sustainment
Sec. 351. Mitigation of contested logistics challenges of the Department
of Defense through reduction of operational energy demand.
Sec. 352. Global bulk fuel management and delivery.
Sec. 353. Test and evaluation of potential biobased solution for
corrosion control and mitigation.
Sec. 354. Pilot program on digital optimization of organic industrial
base maintenance and repair operations.
Sec. 355. Improved oversight for implementation of Shipyard
Infrastructure Optimization Program of the Navy.
Sec. 356. Report and certification requirements regarding sustainment
costs for fighter aircraft programs.
Sec. 357. Comptroller General annual reviews of F-35 sustainment
efforts.
Subtitle F--Reports
Sec. 361. Inclusion of information regarding borrowed military manpower
in readiness reports.
Sec. 362. Annual report on material readiness of Navy ships.
Sec. 363. Incident reporting requirements for Department of Defense
regarding lost or stolen weapons.
Sec. 364. Strategy and annual report on critical language proficiency of
special operations forces.
Subtitle G--Other Matters
Sec. 371. Military Aviation and Installation Assurance Clearinghouse
matters.
Sec. 372. Establishment of Joint Safety Council.
Sec. 373. Improvements and clarifications related to military working
dogs.
Sec. 374. Extension of temporary authority to extend contracts and
leases under the ARMS Initiative.
Sec. 375. Authority to maintain access to category 3 subterranean
training facility.
Sec. 376. Accident Investigation Review Board.
Sec. 377. Implementation of Comptroller General recommendations on
preventing tactical vehicle training accidents.
Sec. 378. Requirements relating to emissions control tactics,
techniques, and procedures.
Sec. 379. Management of fatigue among crew of naval surface ships and
related improvements.
Sec. 380. Authority for activities to improve next generation radar
systems capabilities.
Sec. 381. Pilot program on military working dog and explosives detection
canine health and excellence.
Sec. 382. Department of Defense response to military lazing incidents.
[[Page 135 STAT. 1625]]
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2022
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. INCLUSION OF IMPACTS ON MILITARY INSTALLATION RESILIENCE
IN THE NATIONAL DEFENSE STRATEGY AND
ASSOCIATED DOCUMENTS.
(a) National Defense Strategy and Defense Planning Guidance.--
Section 113(g) of title 10, United States Code, is amended--
(1) in paragraph (1)(B)--
(A) in clause (ii), by striking ``actors,'' and
inserting ``actors, and the current or projected threats
to military installation resilience,''; and
(B) by inserting after clause (ix), the following
new clause:
``(x) Strategic goals to address or mitigate the
current and projected risks to military installation
resilience.''; and
(2) in paragraph (2)(A), in the matter preceding clause (i),
by striking ``priorities,'' and inserting ``priorities,
including priorities relating to the current or projected risks
to military installation resilience,''.
(b) National Defense Sustainment and Logistics Review.--
(1) In general.--The first section 118a of such title is
amended--
(A) in subsection (a), by striking ``capabilities,''
and inserting ``capabilities, response to risks to
military installation resilience,'';
(B) by redesignating such section, as amended by
subparagraph (A), as section 118b; and
(C) by moving such section so as to appear after
section 118a.
(2) Clerical and conforming amendments.--
(A) Clerical amendments.--The table of sections for
chapter 2 of such title <<NOTE: 10 USC 111 prec.>> is
amended--
(i) by striking the first item relating to
section 118a; and
(ii) by inserting after the item relating to
section 118a the following new item:
``118b. National Defense Sustainment and Logistics Review.''.
(B) Conforming amendment.--Section 314(c) of the
William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283) <<NOTE: 10 USC 118b note.>> is amended by striking
``section 118a'' and inserting ``section 118b''.
[[Page 135 STAT. 1626]]
(c) Chairman's Risk Assessment.--Section 153(b)(2)(B) of title 10,
United States Code, is amended by inserting after clause (vi) the
following new clause:
``(vii) Identify and assess risk resulting from, or
likely to result from, current or projected effects on
military installation resilience.''.
(d) <<NOTE: 10 USC 2864 note.>> Strategic Decisions Relating to
Military Installations.--The Secretary of each military department, with
respect to any installation under the jurisdiction of that Secretary,
and the Secretary of Defense, with respect to any installation of the
Department of Defense that is not under the jurisdiction of the
Secretary of a military department, shall consider the strategic risks
associated with military installation resilience.
(e) National Defense Strategy and National Military Strategy.--
<<NOTE: Coordination. Determination.>> The Secretary of Defense, in
coordination with the heads of such other Federal agencies as the
Secretary determines appropriate, shall incorporate the security
implications of military installation resilience into the National
Defense Strategy and the National Military Strategy.
(f) National Security Planning Documents.--The Secretary of Defense
and the Chairman of the Joint Chiefs of Staff shall consider the
security implications associated with military installation resilience
in developing the Defense Planning Guidance under section 113(g)(2) of
title 10, United States Code, the Risk Assessment of the Chairman of the
Joint Chiefs of Staff under section 153(b)(2) of such title, and other
relevant strategy, planning, and programming documents and processes.
(g) Campaign Plans of Combatant Commands.--The Secretary of Defense
shall ensure that the national security implications associated with
military installation resilience are integrated into the campaign plans
of the combatant commands.
(h) Report on Security Implications Associated With Military
Installation Resilience.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report describing how the aspects of military
installation resilience have been incorporated into modeling,
simulation, war-gaming, and other analyses by the Department of
Defense.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(i) Modification to Annual Report Related to Installations Energy
Management, Energy Resilience, and Mission Assurance and Readiness.--
(1) Modification.--Section 2925(a) of title 10, United
States Code, is amended--
(A) by redesignating paragraph (8) as paragraph
(10); and
(B) by inserting after paragraph (7) the following
new paragraphs:
``(8) <<NOTE: Cost estimate.>> A description of the effects
on military readiness, and an estimate of the financial costs to
the Department of Defense, reasonably attributed to adverse
impacts to military installation resilience during the year
preceding the submission of the
[[Page 135 STAT. 1627]]
report, including loss of or damage to military networks,
systems, installations, facilities, and other assets and
capabilities of the Department.
``(9) <<NOTE: Assessment.>> An assessment of
vulnerabilities to military installation resilience.''.
(2) <<NOTE: 10 USC 2925 note.>> Use of assessment tool.--
The Secretary shall use the Climate Vulnerability and Risk
Assessment Tool of the Department (or such successor tool) in
preparing each report under section 2925(a) of title 10, United
States Code (as amended by paragraph (1)).
(j) <<NOTE: 10 USC 2864 note.>> Definitions.--In this section:
(1) The term ``military installation resilience'' has the
meaning given that term in section 101(e) of title 10, United
States Code.
(2) The term ``National Defense Strategy'' means the
national defense strategy under section 113(g)(1) of such title.
(3) The term ``National Military Strategy'' means the
national military strategy under section 153(b) of such title.
SEC. 312. ENERGY EFFICIENCY TARGETS FOR DEPARTMENT OF DEFENSE DATA
CENTERS.
(a) Energy Efficiency Targets for Data Centers.--
(1) In general.--Subchapter I of chapter 173 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2921. <<NOTE: 10 USC 2921.>> Energy efficiency targets for
data centers
``(a) Covered Data Centers.--(1) For each covered data center, the
Secretary of Defense shall--
``(A) develop a power usage effectiveness target for the
data center, based on location, resiliency, industry standards,
and best practices;
``(B) develop a water usage effectiveness target for the
data center, based on location, resiliency, industry standards,
and best practices;
``(C) develop other energy efficiency or water usage targets
for the data center based on industry standards and best
practices, as applicable to meet energy efficiency and
resiliency goals;
``(D) identify potential renewable or clean energy
resources, or related technologies such as advanced battery
storage capacity, to enhance resiliency at the data center,
including potential renewable or clean energy purchase targets
based on the location of the data center; and
``(E) identify any statutory, regulatory, or policy barriers
to meeting any target under any of subparagraphs (A) through
(C).
``(2) The Secretary of Defense shall ensure that targets developed
under paragraph (1) are consistent with guidance issued by the Secretary
of Energy.
``(3) <<NOTE: Definition.>> In this subsection, the term `covered
data center' means a data center of the Department of Defense that--
``(A) is one of the 50 data centers of the Department with
the highest annual power usage rates; and
``(B) has been established before the date of the enactment
of this section.
[[Page 135 STAT. 1628]]
``(b) <<NOTE: Standards. Requirement.>> New Data Centers.--(1)
Except as provided in paragraph (2), in the case of any Department of
Defense data center established on or after the date of the enactment of
this section, the Secretary of Defense shall establish energy, water
usage, and resiliency-related standards that the data center shall be
required to meet based on location, resiliency, industry and Federal
standards, and best practices. Such standards shall include--
``(A) power usage effectiveness standards;
``(B) water usage effectiveness standards; and
``(C) <<NOTE: Determination.>> any other energy or
resiliency standards the Secretary determines are appropriate.
``(2) <<NOTE: Waiver authority.>> The Secretary may waive the
requirement for a Department data center established on or after the
date of the enactment of this section to meet the standards established
under paragraph (1) if the Secretary--
``(A) <<NOTE: Determination.>> determines that such waiver
is in the national security interest of the United States; and
``(B) <<NOTE: Notice.>> submits to the Committee on Armed
Services of the House of Representatives notice of such waiver
and the reasons for such waiver.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter <<NOTE: 10 USC 2911 prec.>> is
amended by inserting after the item relating to section 2920 the
following new item:
``2921. Energy efficiency targets for data centers.''.
(b) Inventory of Data Facilities.--
(1) <<NOTE: Deadline.>> Inventory required.--By not later
than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall conduct an inventory of all data
centers owned or operated by the Department of
Defense. <<NOTE: Survey.>> Such survey shall include the
following:
(A) <<NOTE: List.>> A list of data centers owned or
operated by the Department of Defense.
(B) For each such data center, the earlier of the
following dates:
(i) The date on which the data center was
established.
(ii) The date of the most recent capital
investment in new power, cooling, or compute
infrastructure at the data center.
(C) The total average annual power use, in
kilowatts, for each such data center.
(D) The number of data centers that measure power
usage effectiveness and, for each such data center, the
power usage effectiveness for the center.
(E) The number of data centers that measure water
usage effectiveness and, for each such data center, the
water usage effectiveness for the center.
(F) A description of any other existing energy
efficiency or efficient water usage metrics used by any
data center and the applicable measurements for any such
center.
(G) <<NOTE: Assessment.>> An assessment of the
facility resiliency of each data center, including
redundant power and cooling facility infrastructure.
(H) Any other matters determined relevant by the
Secretary.
(c) Report.--Not later than 180 days after the completion of the
inventory required under subsection (b), the Secretary of
[[Page 135 STAT. 1629]]
Defense shall submit to the Committee on Armed Services of the House of
Representatives a report on the inventory and the energy assessment
targets under section 2921(a) of title 10, United States Code, as added
by subsection (a). Such report shall include the following:
(1) <<NOTE: Timeline.>> A timeline of necessary actions
required to meet the energy assessment targets for covered data
centers.
(2) <<NOTE: Cost estimate.>> The estimated costs associated
with meeting such targets.
(3) <<NOTE: Assessment.>> An assessment of the business
case for meeting such targets, including any estimated savings
in operational energy and water costs and estimated reduction in
energy and water usage if the targets are met.
(4) <<NOTE: Analysis.>> An analysis of any statutory,
regulatory, or policy barriers to meeting such targets
identified pursuant to section 2921(a)(E) of title 10, United
States Code, as added by subsection (a).
(d) Data Center Defined.--In this section, the term ``data center''
has the meaning given such term in the most recent Integrated Data
Collection guidance of the Office of Management and Budget.
SEC. 313. GRANTS FOR MAINTAINING OR IMPROVING MILITARY
INSTALLATION RESILIENCE.
Section 2391 of title 10, United States Code, is amended--
(1) in subsection (b)(5), by adding at the end the following
new subparagraph:
``(D) The Secretary of Defense may also make grants, conclude
cooperative agreements, and supplement other Federal funds, in order to
assist a State or local government in planning, enhancing
infrastructure, and implementing measures and projects (to include
resilience measures and projects involving the protection, restoration,
and maintenance of natural features) that, as determined by the
Secretary of Defense, will contribute to maintaining or improving
military installation resilience or will prevent or mitigate
encroachment that could affect operations of the Department of
Defense.''; and
(2) in subsection (e)(1), by striking ``subsection
(b)(1)(D)'' and inserting ``paragraphs (1)(D) and (E) and (5)(D)
of subsection (b) and subsection (d)''.
SEC. 314. MAINTENANCE OF CURRENT ANALYTICAL TOOLS IN EVALUATING
ENERGY RESILIENCE MEASURES.
(a) In General.--Section 2911 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(i) Assessment of Life-cycle Costs and Performance of Potential
Energy Resilience Projects.--(1) Subject to the availability of
appropriations, the Secretary of Defense shall develop and institute a
process to ensure that the Department of Defense, when evaluating energy
resilience measures, uses analytical tools that are accurate and
effective in projecting the costs and performance of such measures.
``(2) Analytical tools used under paragraph (1) shall be--
``(A) designed to--
``(i) provide an accurate projection of the costs
and performance of the energy resilience measure being
analyzed;
``(ii) be used without specialized training; and
[[Page 135 STAT. 1630]]
``(iii) produce resulting data that is
understandable and usable by the typical source
selection official;
``(B) consistent with standards and analytical tools
commonly applied by the Department of Energy and by commercial
industry;
``(C) adaptable to accommodate a rapidly changing
technological environment;
``(D) peer reviewed for quality and precision and measured
against the highest level of development for such tools; and
``(E) <<NOTE: Time period.>> periodically reviewed and
updated, but not less frequently than once every three years.''.
(b) Reporting Requirement.--If amounts are appropriated to carry out
the requirements under subsection (i) of section 2911 of title 10,
United States Code, as added by subsection (a), not later than September
30, 2022, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the execution by the Secretary of such requirements.
SEC. 315. AUTHORITY TO TRANSFER AMOUNTS DERIVED FROM ENERGY COST
SAVINGS.
Section 2912 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``until expended'' and
inserting ``for that fiscal year and the succeeding fiscal
year''; and
(2) by adding at the end the following new subsection:
``(e) Transfer of Amounts.--(1) The Secretary of Defense may
transfer amounts described in subsection (a) that remain available for
obligation to other funding accounts of the Department of Defense if the
purpose for which such amounts will be used is a purpose specified in
subsection (b) or (c).
``(2) Amounts transferred to a funding account of the Department
under paragraph (1) shall be available for obligation for the same
period as amounts in that account.
``(3) <<NOTE: Reports.>> At the end of each fiscal year, the
Secretary of Defense shall submit to Congress a report detailing any
funds transferred pursuant to paragraph (1) during that fiscal year,
including a detailed description of the purpose for which such amounts
have been used.''.
SEC. 316. EXEMPTION FROM PROHIBITION ON USE OF OPEN-AIR BURN PITS
IN CONTINGENCY OPERATIONS OUTSIDE THE
UNITED STATES.
Section 317(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 10 U.S.C. 2701 note) is amended by adding
at the end the following new paragraphs:
``(3) Exemption authority for certain locations.--
``(A) <<NOTE: Determination.>> In general.--The
Secretary may exempt a location from the prohibition
under paragraph (1) if the Secretary determines it is in
the paramount interest of the United States to do so.
``(B) Nondelegation.--The Secretary may not delegate
the authority under subparagraph (A).
``(4) Reporting requirement for location exemptions.--
``(A) In general.--Not later than 30 days after
granting an exemption pursuant to paragraph (3)(A) with
respect to the use of an open-air burn pit at a
location, the Secretary shall submit to the Committees
on Armed
[[Page 135 STAT. 1631]]
Services of the Senate and the House of Representatives
a written report that identifies--
``(i) the location of the open-air burn pit;
``(ii) the number of personnel of the United
States assigned to the location where the open-air
burn pit is being used;
``(iii) the size and expected duration of use
of the open-air burn pit;
``(iv) the personal protective equipment or
other health risk mitigation efforts that will be
used by members of the armed forces when airborne
hazards are present, including how such equipment
will be provided when required; and
``(v) the need for the open-air burn pit and
rationale for granting the exemption.
``(B) Form.--A report submitted under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.''.
SEC. 317. EXPANSION OF PURPOSES OF SENTINEL LANDSCAPES PARTNERSHIP
PROGRAM TO INCLUDE RESILIENCE.
(a) In General.--Section 317 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2684a note) is
amended--
(1) in subsection (a), in the first sentence, by inserting
``and restore'' after ``to preserve'';
(2) in subsection (c)--
(A) by inserting ``resilience,'' after ``benefit of
conservation,''; and
(B) by inserting ``, resilience,'' after ``land
management'';
(3) in subsection (d), in the second sentence, by inserting
``by an eligible landowner or agricultural producer'' after
``Participation'';
(4) by redesignating subsection (e) as subsection (f);
(5) by inserting after subsection (d) the following new
subsection (e):
``(e) Participation by Other Agencies.--Other Federal agencies with
programs addressing conservation or resilience may, and are encouraged
to--
``(1) participate in the activities of the Sentinel
Landscapes Partnership; and
``(2) become full partners in the Sentinel Landscapes
Partnership.''; and
(6) in subsection (f), as redesignated by paragraph (4), by
adding at the end the following new paragraph:
``(4) <<NOTE: Definition.>> Resilience.--The term
`resilience' means the capability to avoid, prepare for,
minimize the effect of, adapt to, and recover from extreme
weather events, flooding, wildfire, or other anticipated or
unanticipated changes in environmental conditions.''.
(b) Inclusion of Program Information in Certain Annual Reports.--
Section 2684a(g)(2) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following new
subparagraph:
[[Page 135 STAT. 1632]]
``(E) Information concerning the activities undertaken
pursuant to the Sentinel Landscapes Partnership established
under section 317 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2684a note).''.
(c) Conservation and Cultural Activities.--Section 2694 of title 10,
United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or
involves a sentinel landscape'' before the
semicolon; and
(ii) in subparagraph (B), by inserting ``or
that would contribute to maintaining or improving
military installation resilience'' before the
semicolon; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``or
nature-based climate resilience plans'' before the
period; and
(ii) in subparagraph (F)--
(I) in clause (i)--
(aa) by striking ``single
ecosystem that encompasses'' and
inserting ``single ecosystem--
``(I) that encompasses'';
(bb) by redesignating clause
(ii) as subclause (II) and
moving such subclause, as so
redesignated, two ems to the
right; and
(cc) in subclause (II), as
redesignated by item (bb), by
striking the period at the end
and inserting ``; or''; and
(II) by adding at the end the
following new clause (ii):
``(ii) for one or more ecosystems within a sentinel
landscape.''; and
(2) by adding at the end the following new subsection:
``(e) Sentinel Landscape Defined.--In this section, the term
`sentinel landscape' has the meaning given that term in section 317(f)
of the National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 10 U.S.C. 2684a note).''.
SEC. 318. INSPECTION OF PIPING AND SUPPORT INFRASTRUCTURE AT RED
HILL BULK FUEL STORAGE FACILITY, HAWAI`I.
(a) Sense of Congress.--In order to fully effectuate national
security, assure the maximum safe utilization of the Red Hill Bulk Fuel
Storage Facility in Honolulu, Hawai`i, and fully address concerns as to
potential impacts of the facility on public health, it is the sense of
Congress that the Secretary of the Navy and the Defense Logistics Agency
should--
(1) operate and maintain the Red Hill Bulk Fuel Storage
Facility to the highest standard possible; and
(2) require safety inspections to be conducted more
frequently based on the corrosion rate of the piping and overall
condition of the pipeline system and support equipment at the
facility.
(b) Inspection Requirement.--
(1) Inspection required.--The Secretary of the Navy shall
direct the Naval Facilities Engineering Command to conduct an
inspection of the pipeline system, supporting infrastructure,
[[Page 135 STAT. 1633]]
and appurtenances, including valves and any other corrosion
prone equipment, at the Red Hill Bulk Fuel Storage Facility.
(2) Inspection agent; standards.--The inspection required by
this subsection shall be performed--
(A) by an independent American Petroleum Institute
certified inspector who will present findings of the
inspection and options to the Secretary of the Navy for
improving the integrity of the Red Hill Bulk Fuel
Storage Facility and its appurtenances; and
(B) in accordance with the Unified Facilities
Criteria (UFC-3-460-03) and American Petroleum Institute
570 inspection standards.
(3) Exception.--The inspection required by this subsection
excludes the fuel tanks at the Red Hill Bulk Fuel Storage
Facility.
(c) Life-cycle Sustainment Plan.--In conjunction with the inspection
required by subsection (b), the Naval Facilities Engineering Command
shall prepare a life-cycle sustainment plan for the Red Hill Bulk Fuel
Storage Facility, which shall consider the current condition and service
life of the tanks, pipeline system, and support equipment.
(d) <<NOTE: Assessment.>> Consideration of Alternatives to Red Hill
Bulk Fuel Storage Facility.--The Secretary of Defense shall conduct an
assessment of possible alternatives to the Red Hill Bulk Fuel Storage
Facility for bulk fuel storage, including consideration of at least
three locations outside of the State of Hawai`i. The assessment shall be
based on the overall requirement to support the fuel requirements of the
Pacific Fleet, the costs and timeline for recapitalization of the Red
Hill Bulk Fuel Storage Facility to the standards delineated in
subsection (b)(2)(B), and the costs and timeline to establish an
alternative location for secure bulk fuel storage.
(e) Reporting Requirement.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing--
(1) the results of the independent inspection of the Red
Hill Bulk Fuel Storage Facility conducted under subsection (b);
(2) <<NOTE: Plan.>> the life-cycle sustainment plan
prepared by the Naval Facilities Engineering Command under
subsection (c);
(3) the results of the assessment conducted by the Secretary
under subsection (d) of possible alternatives to the Red Hill
Bulk Fuel Storage Facility; and
(4) options on improving the security and maintenance of the
Red Hill Bulk Fuel Storage Facility.
SEC. 319. <<NOTE: Deadlines.>> ENERGY, WATER, AND WASTE NET-ZERO
REQUIREMENT FOR MAJOR MILITARY
INSTALLATIONS.
(a) <<NOTE: 10 USC 2911 note.>> Requirement.--The Secretary of
Defense shall improve military installation efficiency, performance, and
management by ensuring that at least 10 percent of major military
installations achieve energy net-zero and water or waste net-zero by
fiscal year 2035.
(b) Study on Requirement.--
(1) <<NOTE: Contracts. Assessments.>> Study.--Not later
than 60 days after the date of the enactment of this Act, the
Secretary shall seek to enter into
[[Page 135 STAT. 1634]]
a contract with a federally funded research and development
center to carry out a study on the net-zero requirement
specified in subsection (a) that assesses, at a minimum, the
following:
(A) Potential methods or strategies to achieve such
requirement by the fiscal year 2035 deadline.
(B) The resiliency of major military installations
subject to such requirement with respect to grid or
other utility disruptions.
(C) The life-cycle costs related to such
requirement.
(D) Computation methods for determining such life-
cycle costs.
(E) <<NOTE: Determination.>> Such other matters as
the federally funded research and development center
carrying out the study determines appropriate.
(2) Deadline.--The study under paragraph (1) shall be
completed by not later than February 1, 2023.
(3) Briefing.--Upon completion of the study under paragraph
(1), the Secretary shall provide to the Committees on Armed
Services of the House of Representatives and Senate a briefing
on the findings of the study.
(c) Status Report and Briefings on Progress Toward Meeting Current
Goal Regarding Use of Renewable Energy to Meet Facility Energy Needs.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives and
Senate a report on the progress the Secretary has made toward
meeting the goal described in section 2911(g)(1)(A) of title 10,
United States Code, with respect to fiscal year 2025.
(2) <<NOTE: Time period.>> Briefings.--During fiscal year
2022 and each succeeding fiscal year through fiscal year 2025,
the Secretary shall provide to the Committees on Armed Services
of the House of Representatives and Senate a briefing on the
progress the Secretary has made toward meeting the goal
described in section 2911(g)(1)(A) of title 10, United States
Code, with respect to fiscal year 2025.
(d) <<NOTE: 10 USC 2911 note.>> Major Military Installation
Defined.--In this section, the term ``major military installation'' has
the meaning given to the term ``large site'' in the most recent version
of the Department of Defense Base Structure Report issued before the
date of the enactment of this Act.
SEC. 320. <<NOTE: 10 USC 4811 note.>> DEMONSTRATION PROGRAM ON
DOMESTIC PRODUCTION OF RARE EARTH ELEMENTS
FROM COAL BYPRODUCTS.
(a) <<NOTE: Deadline.>> Demonstration Program Required.--Not later
than 120 days after the date of the enactment of this Act, the Secretary
of Defense shall commence carrying out a demonstration program on
recovering rare earth elements and critical minerals from acid mine
drainage and other coal byproducts.
(b) Partnership.--In carrying out the demonstration program required
by subsection (a), the Secretary shall seek to enter into a partnership
with one or more institutions of higher education that can demonstrate
techniques for recovering rare earth elements and critical minerals from
acid mine drainage and other coal byproducts, as the Secretary considers
applicable.
(c) Elements.--The demonstration program required by subsection (a)
shall address the following:
[[Page 135 STAT. 1635]]
(1) The efficacy of separating rare earth elements and
critical minerals from acid mine drainage.
(2) The feasibility of bringing such technology to
commercialized scale.
(3) Domestic locations that are appropriate for the
deployment of such technology.
(4) The ability of such technology to meet the requirements
of the defense industrial base to supplement the rare earth
element and critical mineral needs of the Department of Defense.
(d) <<NOTE: Time period.>> Duration.--The demonstration program
required by subsection (a) shall be carried out during the one-year
period beginning on the date of the commencement of the demonstration
program.
(e) <<NOTE: Deadline.>> Briefing.--Not later than 120 days after
the date of the completion of the demonstration program required by
subsection (a), the Secretary and the program manager of the institute
of higher education with whom the Secretary partners pursuant to
subsection (b) shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on the elements of
the demonstration program set forth under subsection (c).
SEC. 321. <<NOTE: 10 USC 2911 note.>> LONG-DURATION DEMONSTRATION
INITIATIVE AND JOINT PROGRAM.
(a) <<NOTE: Deadline.>> Establishment of Initiative.--Not later
than March 1, 2022, the Secretary of Defense shall establish a
demonstration initiative composed of demonstration projects focused on
the development of long-duration energy storage technologies.
(b) Selection of Projects.--To the maximum extent practicable, in
selecting demonstration projects to participate in the demonstration
initiative under subsection (a), the Secretary of Defense shall--
(1) ensure a range of technology types;
(2) ensure regional diversity among projects; and
(3) consider bulk power level, distribution power level,
behind-the-meter, microgrid (grid-connected or islanded mode),
and off-grid applications.
(c) Joint Program.--
(1) <<NOTE: Consultation.>> Establishment.--As part of the
demonstration initiative under subsection (a), the Secretary of
Defense, in consultation with the Secretary of Energy, shall
establish within the Department of Defense a joint program to
carry out projects--
(A) to demonstrate promising long-duration energy
storage technologies at different scales to promote
energy resiliency; and
(B) to help new, innovative long-duration energy
storage technologies become commercially viable.
(2) <<NOTE: Deadline.>> Memorandum of understanding.--Not
later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall enter into a memorandum of
understanding with the Secretary of Energy to administer the
joint program.
(3) Infrastructure.--In carrying out the joint program, the
Secretary of Defense and the Secretary of Energy shall--
(A) use existing test-bed infrastructure at--
(i) installations of the Department of
Defense; and
(ii) facilities of the Department of Energy;
and
[[Page 135 STAT. 1636]]
(B) develop new infrastructure for identified
projects, if appropriate.
(4) Goals and metrics.--The Secretary of Defense and the
Secretary of Energy shall develop goals and metrics for
technological progress under the joint program consistent with
energy resilience and energy security policies.
(5) Selection of projects.--
(A) In general.--To the maximum extent practicable,
in selecting projects to participate in the joint
program, the Secretary of Defense and the Secretary of
Energy may--
(i) ensure that projects are carried out under
conditions that represent a variety of
environments with different physical conditions
and market constraints; and
(ii) ensure an appropriate balance of--
(I) larger, operationally-scaled
projects, adapting commercially-proven
technology that meets military service
defined requirements; and
(II) smaller, lower-cost projects.
(B) Priority.--In carrying out the joint program,
the Secretary of Defense and the Secretary of Energy
shall give priority to demonstration projects that--
(i) <<NOTE: Public information.>> make
available to the public project information that
will accelerate deployment of long-duration energy
storage technologies that promote energy
resiliency; and
(ii) will be carried out as field
demonstrations fully integrated into the
installation grid at an operational scale.
SEC. 322. <<NOTE: Evaluations. 10 USC 2911 note.>> PILOT PROGRAM
TO TEST NEW SOFTWARE TO TRACK EMISSIONS AT
CERTAIN MILITARY INSTALLATIONS.
(a) In General.--The Secretary of Defense may conduct a pilot
program (to be known as the ``Installations Emissions Tracking
Program'') to evaluate the feasibility and effectiveness of software and
emerging technologies and methodologies to track real-time emissions
from military installations and installation assets.
(b) Goals.--The goals of the Installations Emissions Tracking
Program shall be--
(1) to evaluate the capabilities of software and emerging
technologies and methodologies to effectively track emissions in
real time; and
(2) to reduce energy costs and increase efficiencies.
(c) Locations.--If the Secretary conducts the Installations
Emissions Tracking Program, the Secretary shall select, for purposes of
the Program, four major military installations located in different
geographical regions of the United States.
SEC. 323. <<NOTE: 10 USC 2911 note.>> DEPARTMENT OF DEFENSE PLAN
TO REDUCE GREENHOUSE GAS EMISSIONS.
(a) <<NOTE: Deadline.>> Plan Required.--Not later than September
30, 2022, the Secretary of Defense shall submit to Congress a plan to
reduce the greenhouse gas emissions of the Department of Defense.
(b) Briefings.--The Secretary shall provide to the Committees on
Armed Services of the House of Representatives and the Senate annual
briefings on the progress of the Department of Defense toward meeting
science-based emissions targets in the plan required by subsection (a).
[[Page 135 STAT. 1637]]
Subtitle C--National Security Climate Resilience
SEC. 331. <<NOTE: 10 USC 113 note.>> DEFINITIONS.
In this subtitle:
(1) The terms ``climate resilience'' and ``extreme weather''
have the meanings given such terms in section 101(a) of title
10, United States Code, as amended by section 332.
(2) The term ``climate security'' has the meaning given such
term in the second subsection (e) of section 120 of the National
Security Act of 1947 (50 U.S.C. 3060(e)).
(3) The term ``military installation resilience'' has the
meaning given such term in section 101(e) of title 10, United
States Code.
SEC. 332. CLIMATE RESILIENCE INFRASTRUCTURE INITIATIVE OF THE
DEPARTMENT OF DEFENSE.
(a) Climate Resilience Infrastructure Initiative.--Chapter 136 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2285. <<NOTE: 10 USC 2285.>> Department of Defense Climate
Resilience Infrastructure Initiative
``(a) Designation.--The programs, practices, and activities carried
out pursuant to this section shall be known collectively as the `Climate
Resilience Infrastructure Initiative of the Department of Defense'.
``(b) <<NOTE: Requirements.>> Hardening and Quick Recovery.--In
carrying out military installation resilience plans pursuant to section
2864 of this title, the Secretary of Defense shall ensure that the
development by the Department of Defense of requirements for backup
utilities, communications, and transportation to ensure that the
critical infrastructure of Department facilities is hardened, developed,
and constructed for quick recovery from natural disasters and the
impacts of extreme weather.
``(d) <<NOTE: Requirements.>> Sustainment and Modernization.--The
Secretary shall develop sustainment and modernization requirements for
facilities of the Department in connection with climate resilience.
``(e) Collaboration in Planning With Local Communities.--The
Secretary shall develop, within existing frameworks for collaborative
activities between military installations and State and local
communities, and in addition to the requirements of section 2864(c) of
this title, a framework that authorizes and directs installation
commanders to engage with State, regional, and local agencies, and with
local communities, on planning for climate resilience, to enhance
efficient response to impacts of extreme weather and secure
collaborative investment in infrastructure that is resilient to the
current and projected impacts of extreme weather.
``(f) Testing and Training Range Lands.--
``(1) Practices for sustainment of lands.--The Secretary
shall develop and implement practices to sustain the lands of
the military testing and training ranges of the Department, and
the lands of testing and training ranges on State-owned National
Guard installations, through the adaptation and resilience of
such lands to the current and projected impacts of extreme
weather to ensure the ongoing availability of such
[[Page 135 STAT. 1638]]
lands to military personnel, weapon systems, and equipment for
testing and training purposes.
``(2) Training and education on sustainment of lands.--The
Secretary shall develop a program of training and education for
members of the Armed Forces (including the reserve components)
on the importance of the sustainment of the lands of the
military testing and training ranges as described in paragraph
(1).
``(3) Investment in resilience of lands.--The Secretary
shall use existing programs of the Department, including the
Readiness and Environmental Protection Integration Program of
the Department (or such successor program), to provide for
investments determined appropriate by the Secretary in the lands
of the military testing and training ranges, to increase the
resilience and adaptation of such lands to the current and
projected impacts of extreme weather for testing and training
purposes in connection with current and projected testing and
training requirements in the short- and long-term.
``(b) Use of Certain Technologies.--The Secretary shall take
appropriate actions to increase the use of low emission, emission-free,
and net-zero-emission energy technologies in the operations, programs,
projects, and activities of the Department, provided the use is cost
effective over the life-cycle of the investment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC 2281 prec.>> is amended by adding at the
end the following new item:
``2285. Department of Defense Climate Resilience Infrastructure
Initiative.''.
(c) Definitions.--Section 101(a) of title 10, United States Code, is
amended by adding at the end the following new paragraphs:
``(19) The term `climate resilience' means the capability to
avoid, prepare for, minimize the effect of, adapt to, and
recover from, extreme weather, or from anticipated or
unanticipated changes in environmental conditions, that do (or
have the potential to) adversely affect the national security of
the United States or of allies and partners of the United
States.
``(20) The term `extreme weather' means recurrent flooding,
drought, desertification, wildfires, thawing permafrost, sea
level fluctuation, changes in mean high tides, or any other
weather-related event, or anticipated change in environmental
conditions, that present (or are projected to present) a
recurring annual threat to the climate security of the United
States or of allies and partners of the United States.''.
SEC. 333. INCLUSION OF INFORMATION REGARDING EXTREME WEATHER AND
CYBER ATTACKS OR DISRUPTIONS IN REPORTS ON
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
Section 2504(3)(B) of title 10, United States Code, is amended by
inserting ``(including vulnerabilities related to the current and
projected impacts of extreme weather and to cyber attacks or
disruptions)'' after ``industrial base''.
SEC. 334. <<NOTE: 10 USC 113 note.>> CLIMATE RESILIENCE IN
PLANNING, ENGAGEMENT STRATEGIES,
INFRASTRUCTURE, AND FORCE DEVELOPMENT OF
DEPARTMENT OF DEFENSE.
(a) Climate Challenges and Climate Resilience in Key Processes of
Department of Defense.--The Secretary of Defense
[[Page 135 STAT. 1639]]
shall direct that the acquisition, budget planning and execution,
infrastructure planning and sustainment, force development, engagement
strategy development, security assistance, and other core processes of
the Department of Defense fully consider and make needed adjustments to
account for current and emerging climate and environmental challenges
and to ensure the climate resilience of assets and capabilities of the
Department, to include cost effectiveness over the life cycle of the
investment weighed against threat reduction.
(b) Climate Resilience Mission Impact Assessment.--
(1) In general.--The Secretary shall conduct a mission
impact assessment on climate resilience for the Department.
(2) Elements.--The assessment conducted under paragraph (1)
shall include the following:
(A) An assessment of the direct impacts of extreme
weather on the deployment and operations of the Armed
Forces, and the manner in which extreme weather may
impact the requirements of the commanders of the
combatant commands in the respective areas of
responsibility of such commanders, including--
(i) an assessment of the evolving posture of
peer competitors and impacts to deployment and
operations of peer competitors due to extreme
weather;
(ii) an assessment of the impacts of expanding
requirements for Department humanitarian
assistance and disaster response due to extreme
weather;
(iii) a threat assessment of the impacts of
extreme weather, drought, and desertification on
regional stability;
(iv) an assessment of risks to home station
strategic and operational support area readiness,
including the strategic highway network, the
strategic rail network, and strategic air and sea
ports; and
(v) <<NOTE: Standards. Data.>> the
development of standards for data collection to
assist decision-making processes for research,
development, and acquisition priorities for
installation and infrastructure resilience to
extreme weather.
(B) A long-term strategic plan, including war games
and exercises, centered on climate-driven crises, and a
long-term assessment of climate security by the Office
of Net Assessment of the Department.
(C) <<NOTE: Review.>> A review outlining near-term
and long-term needs for research, development, and
deployment for equipment and other measures required to
assure the resilience of the assets and capabilities of
the Department and each component thereof, and of key
elements of the defense industrial base and supporting
transportation networks, to the impacts of extreme
weather.
(c) Reports.--
(1) <<NOTE: Time period.>> In general.--Not later than one
year after the date of the enactment of this Act, and every five
years thereafter, the Chairman of the Joint Chiefs of Staff
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the broader
strategic and operational impacts of extreme weather on the
Department,
[[Page 135 STAT. 1640]]
measures to address such impacts, and progress in implementing
new technologies and platforms, training and education methods,
and data collection and dissemination for each military
department to meet the respective mission requirements of the
department.
(2) Research, development, and deployment needs.--Each
report required by paragraph (1) shall identify research,
development, and deployment needs for each combatant command and
functional command.
SEC. 335. ASSESSMENT OF CLIMATE RISKS TO INFRASTRUCTURE OF
DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall direct the Secretary
of each military department to--
(1) assess the vulnerability of installations and other
facilities under the jurisdiction of such Secretary, and of
State-owned National Guard installations, to the current and
projected impacts of extreme weather, using vulnerability and
risk assessment tools chosen or developed pursuant to section
326 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1310);
(2) assess the infrastructure required for successful
operation of such installations and facilities in response to
any such vulnerabilities and ensure the military installation
resilience of such installations and facilities; and
(3) develop installation-specific plans pursuant to section
2864(c) of title 10, United States Code, and similar plans for
State-owned National Guard installations, to address such
vulnerabilities.
(b) <<NOTE: Determination.>> Facility Assessment.--In carrying out
subsection (a), the Secretary of each military department shall
determine the needs of the military installations and other facilities
under the jurisdiction of such Secretary, and of State-owned National
Guard installations, based on the level of risks posed by the current
and projected impacts of extreme weather, the likelihood of such risks,
and the role of such installations and facilities in maintaining overall
readiness and operational capability.
(c) Considerations.--In carrying out the assessments and developing
the plans required under this section, the Secretary of Defense shall
ensure that the cost effectiveness over the life-cycle of the
investment, and the feasibility of solutions and technologies, are
considered.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
SEC. 341. TREATMENT BY DEPARTMENT OF DEFENSE OF PERFLUOROALKYL
SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES.
(a) In General.--Chapter 160 of title 10, United States Code, is
amended by adding at the end the following new sections:
[[Page 135 STAT. 1641]]
``Sec. 2714. <<NOTE: 10 USC 2714.>> Perfluoroalkyl substances and
polyfluoroalkyl substances task force
``(a) <<NOTE: Establishment.>> In General.--The Secretary of
Defense shall establish a task force to address the effects of the
release of perfluoroalkyl substances and polyfluoroalkyl substances from
activities of the Department of Defense (in this section referred to as
the `PFAS Task Force').
``(b) Membership.--The members of the PFAS Task Force are the
following:
``(1) The Assistant Secretary of Defense for Energy,
Installations, and Environment.
``(2) The Assistant Secretary of the Army for Installations,
Energy, and Environment.
``(3) The Assistant Secretary of the Navy for Energy,
Installations, and Environment.
``(4) The Assistant Secretary of the Air Force for
Installations, Environment, and Energy.
``(5) The Assistant Secretary of Defense for Health Affairs.
``(c) Chairman.--The Assistant Secretary of Defense for Energy,
Installations, and Environment shall be the chairman of the PFAS Task
Force.
``(d) Support.--The Under Secretary of Defense for Personnel and
Readiness and such other individuals as the Secretary of Defense
considers appropriate shall support the activities of the PFAS Task
Force.
``(e) Duties.--The duties of the PFAS Task Force are the following:
``(1) Monitoring the health aspects of exposure to
perfluoroalkyl substances and polyfluoroalkyl substances, as
found by the Secretary of Health and Human Services.
``(2) Identifying, and funding the procurement of, an
effective alternative to firefighting foam containing
perfluoroalkyl substances or polyfluoroalkyl substances.
``(3) <<NOTE: Coordination.>> Coordinating within the
Department of Defense with respect to mitigating the effects of
the release of perfluoroalkyl substances and polyfluoroalkyl
substances.
``(4) <<NOTE: Assessment.>> Assessing the perceptions of
Congress and the public of the efforts of the Department of
Defense with respect to mitigating the effects of the release of
perfluoroalkyl substances and polyfluoroalkyl substances from
activities of the Department.
``(f) <<NOTE: Time period.>> Report.--Not later than 90 days after
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 2022, and quarterly thereafter, the Chairman of the PFAS
Task Force shall submit to Congress a report on the activities of the
task force.
``(g) Definitions.--In this section:
``(1) The term `perfluoroalkyl substance' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
``(2) The term `polyfluoroalkyl substance' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
[[Page 135 STAT. 1642]]
``Sec. 2715. <<NOTE: 10 USC 2715.>> Testing for perfluoroalkyl
substances and polyfluoroalkyl substances at
military installations and facilities of the
National Guard
``(a) <<NOTE: Deadline. Assessment. Effective date.>> In General.--
Not later than two years after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense
shall complete preliminary assessment and site inspection testing for
perfluoroalkyl substances and polyfluoroalkyl substances at all military
installations and facilities of the National Guard located in the United
States that are identified as of March 31, 2021, as having a release of
perfluoroalkyl substances or polyfluoroalkyl substances.
``(b) Determination of Contamination.--Testing conducted under
subsection (a) at a military installation or facility of the National
Guard shall determine--
``(1) whether the installation or facility has contamination
from a perfluoroalkyl substance or polyfluoroalkyl substance;
and
``(2) whether activities in connection with such
installation or facility have caused contamination from a
perfluoroalkyl substance or polyfluoroalkyl substance outside of
such installation or facility.
``(c) Additional Response Actions.--Testing conducted under
subsection (a) shall provide at least a preliminary basis for
determining whether additional environmental response actions are
necessary to address contamination from a perfluoroalkyl substance or
polyfluoroalkyl substance.
``(d) Type of Testing.--When testing for perfluoroalkyl substances
or polyfluoroalkyl substances under subsection (a) or any other
provision of law, the Secretary shall use a method to measure for all
perfluoroalkyl substances or polyfluoroalkyl substances in drinking
water that has been validated by the Administrator of the Environmental
Protection Agency.
``(e) Definitions.--In this section:
``(1) The term `military installation' has the meaning given
such term in section 2801(c)(4) of this title.
``(2) The terms `perfluoroalkyl substance' and
`polyfluoroalkyl substance' have the meanings given such terms
in section 2714 of this title.''.
(b) Clerical Amendment.--The table of sections for such
chapter <<NOTE: 10 USC 2700 prec.>> is amended by adding at the end the
following new items:
``2714. Perfluoroalkyl substances and polyfluoroalkyl substances task
force.
``2715. Testing for perfluoroalkyl substances and polyfluoroalkyl
substances at military installations and facilities of the
National Guard.''.
(c) Reports on Status of Testing.--
(1) <<NOTE: Time period.>> Submission.--For each of fiscal
years 2022 through 2024, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives and
the Senate a report on the status of the testing conducted under
section 2715(a) of title 10, United States Code (as added by
subsection (a)), during such year.
(2) Matters.--Each report submitted under paragraph (1)
shall identify, with respect to testing conducted under such
section 2715(a)--
(A) each military installation or facility where
testing has been completed;
(B) each military installation or facility where
testing has not yet been completed;
[[Page 135 STAT. 1643]]
(C) the projected completion date for testing at
military installations or facilities where testing has
not yet been completed;
(D) the results of testing at military installations
or facilities where testing has been completed; and
(E) <<NOTE: Timelines.>> the actions planned, and
the projected timelines for such actions, for each
military installation or facility to address
contamination by a perfluoroalkyl substance or
polyfluoroalkyl substance.
(3) Timing.--Each report under paragraph (1) shall be
submitted not later than January 1 of the fiscal year
immediately following the fiscal year covered by the report.
(4) Limitation on delegation.--The Secretary may delegate
the responsibility for preparing the reports required by
paragraph (1) only to the Deputy Secretary of Defense.
(5) Definitions.--In this subsection, the terms ``military
installation'', ``perfluoroalkyl substance'', and
``polyfluoroalkyl substance'' have the meanings given such terms
in section 2715 of title 10, United States Code (as added by
subsection (a)).
SEC. 342. EXTENSION OF TRANSFER AUTHORITY FOR FUNDING OF STUDY AND
ASSESSMENT ON HEALTH IMPLICATIONS OF PER-
AND POLYFLUOROALKYL SUBSTANCES
CONTAMINATION IN DRINKING WATER BY AGENCY
FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.
Section 316(a)(2)(B)(ii) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350), as amended by
section 315(a) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1713), section 321
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1307), and section 337 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), <<NOTE: 134 Stat. 3533.>> is further amended by
striking ``fiscal years 2019, 2020, and 2021'' and inserting ``fiscal
years 2019 through 2023''.
SEC. 343. <<NOTE: 10 USC 2701 note.>> TEMPORARY MORATORIUM ON
INCINERATION BY DEPARTMENT OF DEFENSE OF
PERFLUOROALKYL SUBSTANCES, POLYFLUOROALKYL
SUBSTANCES, AND AQUEOUS FILM FORMING FOAM.
(a) <<NOTE: Time period.>> Temporary Moratorium.--Beginning not
later than 120 days after the date of the enactment of this Act, the
Secretary of Defense shall prohibit the incineration of covered
materials until the earlier of the following:
(1) The date on which the Secretary issues guidance
implementing--
(A) the interim guidance on the destruction and
disposal of PFAS and materials containing PFAS published
by the Administrator of the Environmental Protection
Agency under section 7361 of the National Defense
Authorization Act for Fiscal Year 2020 (15 U.S.C. 8961);
and
(B) section 330 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92; 10 U.S.C. 2701 note).
(2) <<NOTE: Federal Register, publication.>> The date on
which the Administrator of the Environmental Protection Agency
publishes in the Federal Register
[[Page 135 STAT. 1644]]
a final rule regarding the destruction and disposal of such
materials pursuant to such section.
(b) Required Adoption of Final Rule.--Upon publication of the final
rule specified in subsection (a)(2), the Secretary shall adopt such
final rule, regardless of whether the Secretary previously implemented
the interim guidance specified in subsection (a)(1)(A).
(c) <<NOTE: Time period.>> Report.--Not later than one year after
the enactment of this Act, and annually thereafter for three years, the
Secretary shall submit to the Administrator and the Committees on Armed
Services of the Senate and the House of Representatives a report on all
incineration by the Department of Defense of covered materials during
the year covered by the report, including--
(1) the total amount of covered materials incinerated;
(2) the temperature range specified in the permit where the
covered materials were incinerated;
(3) the locations and facilities where the covered materials
were incinerated;
(4) details on actions taken by the Department of Defense to
implement section 330 of the National Defense Authorization Act
for Fiscal Year 2020; and
(5) <<NOTE: Recommenda- tions.>> recommendations for the
safe storage of PFAS and PFAS-containing materials prior to
destruction and disposal.
(d) <<NOTE: Applicability.>> Scope.--The prohibition in subsection
(a) and reporting requirements in subsection (c) shall apply not only to
materials sent directly by the Department of Defense to an incinerator,
but also to materials sent to another entity or entities, including any
waste processing facility, subcontractor, or fuel blending facility,
prior to incineration.
(e) Definitions.--In this section:
(1) The term ``AFFF'' means aqueous film forming foam.
(2) The term ``covered material'' means any AFFF formulation
containing PFAS, material contaminated by AFFF release, or spent
filter or other PFAS-contaminated material resulting from site
remediation or water filtration that--
(A) has been used by the Department of Defense or a
military department;
(B) is being discarded for disposal by the
Department of Defense or a military department; or
(C) is being removed from sites or facilities owned
or operated by the Department of Defense.
(3) The term ``PFAS'' means per- or polyfluoroalkyl
substances.
SEC. 344. <<NOTE: 10 USC 2701 note.>> REVIEW AND GUIDANCE
RELATING TO PREVENTION AND MITIGATION OF
SPILLS OF AQUEOUS FILM-FORMING FOAM.
(a) <<NOTE: Deadline.>> Review Required.--Not later than 180 days
of after the date of the enactment of this Act, the Secretary of Defense
shall complete a review of the efforts of the Department of Defense to
prevent or mitigate spills of aqueous film-forming foam (in this section
referred to as ``AFFF''). <<NOTE: Assessments.>> Such review shall
assess the following:
(1) <<NOTE: Guidelines.>> The preventative maintenance
guidelines for fire trucks of the Department and fire
suppression systems in buildings of the Department, to mitigate
the risk of equipment failure that may result in a spill of
AFFF.
[[Page 135 STAT. 1645]]
(2) <<NOTE: Requirements.>> Any requirements for the use of
personal protective equipment by personnel when conducting a
material transfer or maintenance activity of the Department that
may result in a spill of AFFF, or when conducting remediation
activities for such a spill, including requirements for side-
shield safety glasses, latex gloves, and respiratory protection
equipment.
(3) <<NOTE: Compliance.>> The methods by which the
Secretary ensures compliance with guidance specified in material
safety data sheets with respect to the use of such personal
protective equipment.
(b) <<NOTE: Deadline. Recommenda- tions.>> Guidance.--Not later
than 90 days after the date on which the Secretary completes the review
under subsection (a), the Secretary shall issue guidance on the
prevention and mitigation of spills of AFFF based on the results of such
review that includes, at a minimum, best practices and recommended
requirements to ensure the following:
(1) The supervision by personnel trained in responding to
spills of AFFF of each material transfer or maintenance activity
of the Department of Defense that may result in such a spill.
(2) The use of containment berms and the covering of storm
drains and catch basins by personnel performing maintenance
activities for the Department in the vicinity of such drains or
basins.
(3) The storage of materials for the cleanup and containment
of AFFF in close proximity to fire suppression systems in
buildings of the Department and the presence of such materials
during any transfer or activity specified in paragraph (1).
(c) <<NOTE: Deadline. Summary.>> Briefing.--Not later than 30 days
after the date on which the Secretary issues the guidance under
subsection (b), the Secretary shall provide to the congressional defense
committees a briefing that summarizes the results of the review
conducted under subsection (a) and the guidance issued under subsection
(b).
SEC. 345. <<NOTE: 10 USC 2715 note.>> PUBLIC DISCLOSURE OF
RESULTS OF DEPARTMENT OF DEFENSE TESTING
OF WATER FOR PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES.
(a) Public Disclosure of Results.--
(1) <<NOTE: Deadline.>> In general.--Except as provided in
paragraph (2), not later than 20 days after the receipt of a
final result of testing water for perfluoroalkyl or
polyfluoroalkyl substances (commonly referred to as ``PFAS'') in
a covered area, the Secretary of Defense shall publicly disclose
such final result, including--
(A) the results of all such testing conducted in the
covered area by the Department of Defense; and
(B) the results of all such testing conducted in the
covered area by a non-Department entity (including any
Federal agency and any public or private entity) under a
contract, or pursuant to an agreement, with the
Department of Defense.
(2) Consent by private property owners.--The Secretary of
Defense may not publicly disclose the results of testing for
perfluoroalkyl or polyfluoroalkyl substances conducted on
private property without the consent of the property owner.
(b) <<NOTE: Deadline. Time period. Timeline.>> Public Disclosure of
Planned Testing of Water.--Not later than 180 days after the date of the
enactment of the Act, and every 90 days thereafter, the Secretary of
Defense shall
[[Page 135 STAT. 1646]]
publicly disclose the anticipated timeline for, and general location of,
any planned testing for perfluoroalkyl or polyfluoroalkyl substances
proposed to be conducted in a covered area, including--
(1) all such testing to be conducted by the Department of
Defense; and
(2) all such testing to be conducted by a non-Department
entity (including any Federal agency and any public or private
entity) under a contract, or pursuant to an agreement, with the
Department.
(c) <<NOTE: Web postings.>> Nature of Disclosure.--The Secretary of
Defense may satisfy the disclosure requirements under subsections (a)
and (b) by publishing the results and information referred to in such
subsections--
(1) on the publicly available website established under
section 331(b) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C 2701 note);
(2) on another publicly available website of the Department
of Defense; or
(3) <<NOTE: Federal Register, publication.>> in the Federal
Register.
(d) Local Notification.--Prior to conducting any testing of water
for perfluoroalkyl or polyfluoroalkyl substances, including any testing
which has not been planned or publicly disclosed pursuant to subsection
(b), the Secretary of Defense shall provide notice of the testing to--
(1) the managers of the public water system serving the
covered area where such testing is to occur;
(2) the heads of the municipal government serving the
covered area where such testing is to occur; and
(3) as applicable, the members of the restoration advisory
board for the military installation where such testing is to
occur.
(e) Methods for Testing.--In testing water for perfluoroalkyl or
polyfluoroalkyl substances, the Secretary of Defense shall adhere to
methods for measuring the amount of such substances in drinking water
that have been validated by the Administrator of the Environmental
Protection Agency.
(f) Definitions.--In this section:
(1) The term ``covered area'' means an area in the United
States that is located immediately adjacent to and down gradient
from a military installation, a formerly used defense site, or a
facility where military activities are conducted by the National
Guard of a State pursuant to section 2707(e) of title 10, United
States Code.
(2) The term ``formerly used defense site'' means any site
formerly used by the Department of Defense or National Guard
eligible for environmental restoration by the Secretary of
Defense funded under the ``Environmental Restoration Account,
Formerly Used Defense Sites'' account established under section
2703(a)(5) of title 10, United States Code.
(3) The term ``military installation'' has the meaning given
such term in section 2801(c)(4) of title 10, United States Code.
(4) The term ``perfluoroalkyl or polyfluoroalkyl substance''
means any man-made chemical with at least one fully fluorinated
carbon atom.
(5) The term ``public water system'' has the meaning given
such term under section 1401(4) of the Safe Drinking Water Act
(42 U.S.C. 300f(4)).
[[Page 135 STAT. 1647]]
(6) The term ``restoration advisory board'' means a
restoration advisory board established pursuant to section
2705(d) of title 10, United States Code.
SEC. 346. <<NOTE: 10 USC 2679 note.>> REVIEW OF AGREEMENTS WITH
NON-DEPARTMENT ENTITIES WITH RESPECT TO
PREVENTION AND MITIGATION OF SPILLS OF
AQUEOUS FILM-FORMING FOAM.
(a) <<NOTE: Deadline.>> Review Required.--Not later than 180 days
of after the date of the enactment of this Act, the Secretary of Defense
shall complete a review of mutual support agreements entered into with
non-Department of Defense entities (including State and local entities)
that involve fire suppression activities in support of missions of the
Department.
(b) <<NOTE: Assessment.>> Matters.--The review under subsection (a)
shall assess, with respect to the agreements specified in such
subsection, the following:
(1) <<NOTE: Guidelines.>> The preventative maintenance
guidelines specified in such agreements for fire trucks and fire
suppression systems, to mitigate the risk of equipment failure
that may result in a spill of aqueous film-forming foam (in this
section referred to as ``AFFF'').
(2) <<NOTE: Requirements.>> Any requirements specified in
such agreements for the use of personal protective equipment by
personnel when conducting a material transfer or maintenance
activity pursuant to the agreement that may result in a spill of
AFFF, or when conducting remediation activities for such a
spill, including requirements for side-shield safety glasses,
latex gloves, and respiratory protection equipment.
(3) <<NOTE: Compliance.>> The methods by which the
Secretary, or the non-Department entity with which the Secretary
has entered into the agreement, ensures compliance with guidance
specified in the agreement with respect to the use of such
personal protective equipment.
(c) <<NOTE: Deadline. Requirements. Recommenda- tions.>>
Guidance.--Not later than 90 days after the date on which the Secretary
completes the review under subsection (a), the Secretary shall issue
guidance (based on the results of such review) on requirements to
include under the agreements specified in such subsection, to ensure the
prevention and mitigation of spills of AFFF. Such guidance shall
include, at a minimum, best practices and recommended requirements to
ensure the following:
(1) The supervision by personnel trained in responding to
spills of AFFF of each material transfer or maintenance activity
carried out pursuant to such an agreement that may result in
such a spill.
(2) The use of containment berms and the covering of storm
drains and catch basins by personnel performing maintenance
activities pursuant to such an agreement in the vicinity of such
drains or basins.
(3) The storage of materials for the cleanup and containment
of AFFF in close proximity to fire suppression systems in
buildings of the Department and the presence of such materials
during any transfer or activity specified in paragraph (1).
(d) <<NOTE: Deadline. Summary.>> Briefing.--Not later than 30 days
after the date on which the Secretary issues the guidance under
subsection (c), the Secretary shall provide to the congressional defense
committees a briefing
[[Page 135 STAT. 1648]]
that summarizes the results of the review conducted under subsection (a)
and the guidance issued under subsection (c).
SEC. 347. COMPTROLLER GENERAL STUDY ON DEPARTMENT OF DEFENSE
PROCUREMENT OF CERTAIN ITEMS CONTAINING
CERTAIN PFAS SUBSTANCES.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the procurement by the Department of Defense of
certain items that contain covered PFAS substances.
(b) <<NOTE: Assessments.>> Elements.--In conducting the study under
subsection (a), the Comptroller General shall assess the following:
(1) The extent to which information is available to the
Department of Defense regarding the presence of covered PFAS
substances in the items procured by the Department.
(2) The challenges, if any, that exist in identifying the
presence of covered PFAS substances in the items the Department
procures, including whether there are certain categories of
items that are more readily identified than others as containing
such substances.
(3) The extent to which the Department has examined the
feasibility of prohibiting the procurement of items containing
covered PFAS substances.
(4) Such other topics as may be determined necessary by the
Comptroller General.
(c) <<NOTE: Examination.>> Items.--In conducting the study under
subsection (a), the Comptroller General shall, to the extent
practicable, examine information relating to the consideration by the
Department of Defense of such substances in the following items:
(1) Furniture or floor waxes.
(2) Car wax and car window treatments.
(3) Cleaning products.
(4) Shoes and clothing for which treatment with a covered
PFAS substance is not necessary for an essential function.
(d) <<NOTE: Deadline.>> Briefing and Report.--Not later than 180
days after the date of enactment of this Act, the Comptroller General
shall provide to the Committees on Armed Services of the House of
Representatives and the Senate an interim briefing on the study
conducted under subsection (a), including any preliminary observations.
After such interim briefing, the Comptroller General shall submit to the
committees a report on the study at a date mutually agreed upon by the
Comptroller General and the committees.
(e) Covered PFAS Substance Defined.--In this section, the term
``covered PFAS substance'' means any of the following:
(1) Perfluorononanoic acid (PFNA).
(2) Perfluorooctanoic acid (PFOA).
(3) Perfluorohexanoic acid (PFHxA).
(4) Perfluorooctane sulfonic acid (PFOS).
(5) Perfluorohexane sulfonate (PFHxS).
(6) Perfluorobutane sulfonic acid (PFBS).
(7) GenX.
SEC. 348. REPORT ON SCHEDULE FOR COMPLETION OF REMEDIATION OF
PERFLUOROALKYL SUBSTANCES AND
POLYFLUOROALKYL SUBSTANCES.
(a) <<NOTE: Cost estimates. Effective date.>> In General.--Not
later than 270 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report detailing a
proposed schedule for the
[[Page 135 STAT. 1649]]
completion of remediation of perfluoroalkyl substances and
polyfluoroalkyl substances, and the associated cost estimates to perform
such remediation, at military installations, facilities of the National
Guard, and formerly used defense sites in the United States that are
identified as of March 31, 2021, as having a release of perfluoroalkyl
substances or polyfluoroalkyl substances.
(b) Definitions.--In this section:
(1) The term ``military installation'' has the meaning given
such term in section 2801(c)(4) of title 10, United States Code.
(2) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
(3) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
SEC. 349. REPORT ON REMEDIATION OF PERFLUOROALKYL SUBSTANCES AND
POLYFLUOROALKYL SUBSTANCES AT CERTAIN
MILITARY INSTALLATIONS.
(a) <<NOTE: State listing.>> In General.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report identifying the status of efforts to
remediate perfluoroalkyl substances and polyfluoroalkyl substances at
the following locations:
(1) England Air Force Base, Louisiana.
(2) Naval Air Weapons Station China Lake, California.
(3) Patrick Air Force Base, Florida.
(4) Myrtle Beach Air Force Base, South Carolina.
(5) Langley Air Force Base, Virginia.
(6) Naval Air Station Jacksonville, Florida.
(7) Niagara Falls Air Reserve Station, New York.
(8) Grand Prairie Armed Forces Reserve Complex, Texas.
(9) Altus Air Force Base, Oklahoma.
(10) Charleston Air Force Base, South Carolina.
(11) Barksdale Air Force Base, Louisiana.
(12) Plattsburgh Air Force Base, New York.
(13) Tyndall Air Force Base, Florida.
(14) Sheppard Air Force Base, Texas.
(15) Columbus Air Force Base, Mississippi.
(16) Chanute Air Force Base, Illinois.
(17) Marine Corps Air Station Tustin, California.
(18) Travis Air Force Base, California.
(19) Ellsworth Air Force Base, South Dakota.
(20) Minot Air Force Base, North Dakota.
(21) Westover Air Reserve Base, Massachusetts.
(22) Eaker Air Force Base, Arkansas.
(23) Naval Air Station Alameda, California.
(24) Eielson Air Force Base, Alaska.
(25) Horsham Air Guard Station, Pennsylvania.
(26) Vance Air Force Base, Oklahoma.
(27) Dover Air Force Base, Delaware.
(28) Edwards Air Force Base, California.
(29) Robins Air Force Base, Georgia.
(30) Joint Base McGuire-Dix-Lakehurst, New Jersey.
(31) Galena Air Force Base, Alaska.
[[Page 135 STAT. 1650]]
(32) Naval Research Laboratory Chesapeake Bay Detachment,
Maryland.
(33) Buckley Air Force Base, Colorado.
(34) Arnold Air Force Base, Tennessee.
(35) Tinker Air Force Base, Oklahoma.
(36) Fairchild Air Force Base, Washington.
(37) Vandenberg Air Force Base, California.
(38) Hancock Field Air National Guard Base, New York.
(39) F.E. Warren Air Force Base, Wyoming.
(40) Nevada Air National Guard Base, Nevada.
(41) K.I. Sawyer Air Force Base, Michigan.
(42) Pease Air Force Base, New Hampshire.
(43) Whiteman Air Force Base, Missouri.
(44) Wurtsmith Air Force Base, Michigan.
(45) Shepherd Field Air National Guard Base, West Virginia.
(46) Naval Air Station Whidbey Island-Ault Field,
Washington.
(47) Rosecrans Air National Guard Base, Missouri.
(48) Joint Base Andrews, Maryland.
(49) Iowa Air National Guard Base, Iowa.
(50) Stewart Air National Guard Base, New York.
(b) Definitions.--In this section:
(1) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
(2) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
Subtitle E--Logistics and Sustainment
SEC. 351. MITIGATION OF CONTESTED LOGISTICS CHALLENGES OF THE
DEPARTMENT OF DEFENSE THROUGH REDUCTION OF
OPERATIONAL ENERGY DEMAND.
(a) Clarification of Operational Energy Responsibilities.--Section
2926 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``in contested logistics
environments'' after ``missions''; and
(2) in subsection (b)--
(A) in the heading, by striking ``Authorities'' and
inserting ``Responsibilities'';
(B) in the matter preceding paragraph (1), by
striking ``may'' and inserting ``shall'';
(C) by amending paragraph (1) to read as follows:
``(1) require the Secretaries concerned and the commanders
of the combatant commands to assess the energy supportability in
contested logistics environments of systems, capabilities, and
plans;'';
(D) in paragraph (2), by inserting `` supportability
in contested logistics environments,'' after ``power,'';
and
(E) in paragraph (3), by inserting ``in contested
logistics environments'' after ``vulnerabilities''.
(b) Establishment of Working Group.--Such section is further
amended--
[[Page 135 STAT. 1651]]
(1) in subsection (c)--
(A) <<NOTE: Coordination.>> in the matter preceding
paragraph (1), by inserting `` and in coordination with
the working group under subsection (d)'' after
``components'';
(B) in paragraph (1), by striking ``Defense and
oversee'' and inserting ``Defense, including the
activities of the working group established under
subsection (d), and oversee'';
(C) in paragraph (2), by inserting ``, taking into
account the findings of the working group under
subsection (d)'' after ``Defense''; and
(D) in paragraph (3), by inserting ``, taking into
account the findings of the working group under
subsection (d)'' after ``resilience'';
(2) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(3) by inserting after subsection (c), as amended by
paragraph (1), the following new subsection:
``(d) <<NOTE: Establishment.>> Working Group.--(1) The Secretary of
Defense shall establish a working group to integrate efforts to mitigate
contested logistics challenges through the reduction of operational
energy demand that are carried out within each armed force, across the
armed forces, and with the Office of the Secretary of Defense and to
conduct other coordinated functions relating to such efforts.
``(2) The head of the working group under paragraph (1) shall be the
Assistant Secretary of Defense for Energy, Installations, and
Environment. The Assistant Secretary shall supervise the members of the
working group and provide guidance to such members with respect to
specific operational energy plans and programs to be carried out
pursuant to the strategy under subsection (e).
``(3) <<NOTE: Appointments.>> The members of the working group
under paragraph (1) shall be appointed as follows:
``(A) A senior official of each armed force, who shall be
nominated by the Secretary concerned and confirmed by the Senate
to represent such armed force.
``(B) A senior official from each geographic and functional
combatant command, who shall be appointed by the commander of
the respective combatant command to represent such combatant
command.
``(C) A senior official under the jurisdiction of the
Chairman of the Joint Chiefs of Staff, who shall be appointed by
the Chairman to represent the Joint Chiefs of Staff and the
Joint Staff.
``(4) Each member of the working group shall be responsible for
carrying out operational energy plans and programs and implementing
coordinated initiatives pursuant to the strategy under subsection (e)
for the respective component of the Department that the member
represents.
``(5) The duties of the working group under paragraph (1) shall be
as follows:
``(A) Planning for the integration of efforts to mitigate
contested logistics challenges through the reduction of
operational energy demand carried out within each armed force,
across the armed forces, and with the Office of the Secretary of
Defense.
``(B) Developing recommendations regarding the strategy for
operational energy under subsection (e).
[[Page 135 STAT. 1652]]
``(C) Developing recommendations relating to the development
of, and modernization efforts for, platforms and weapons systems
of the armed forces.
``(D) Developing recommendations to ensure that such
development and modernization efforts lead to increased
lethality, extended range, and extended on-station time for
tactical assets.
``(E) Developing recommendations to mitigate the effects of
hostile action by a near-peer adversary targeting operational
energy storage and operations of the armed forces, including
through the use of innovative delivery systems, distributed
storage, flexible contracting, and improved automation.''; and
(4) in subsection (g), as redesignated by paragraph (2)--
(A) in paragraph (1)--
(i) by striking ``The Secretary of a military
department'' and inserting ``Each member of the
working group under subsection (d)''; and
(ii) by striking ``conducted by the military
department'' and inserting ``conducted by the
respective component of the Department that the
member represents for purposes of the working
group''; and
(B) in paragraph (2), by striking ``military
department'' and inserting ``armed force''.
(c) Modifications to Operational Energy Strategy.--Subsection (e) of
such section, as redesignated by subsection (b)(2), is amended to read
as follows:
``(1) <<NOTE: Coordination.>> The Assistant Secretary of Defense
for Energy, Installations, and Environment, in coordination with the
working group under subsection (d), shall be responsible for the
establishment and maintenance of a department-wide transformational
strategy for operational energy. <<NOTE: Updates. Time period. Plan.>>
The strategy shall be updated every five years and shall establish near-
term, mid-term, and long-term goals, performance metrics to measure
progress in meeting the goals, and a plan for implementation of the
strategy within each armed force, across the armed forces, and with the
Office of the Secretary of Defense.
``(2) <<NOTE: Assessments.>> The strategy required under paragraph
(1) shall include the following:
``(A) <<NOTE: Plan.>> A plan to integrate efforts to
mitigate contested logistics challenges through the reduction of
operational energy demand within each armed force.
``(B) An assessment of how industry trends transitioning
from the production of internal combustion engines to the
development and production of alternative propulsion systems may
affect the long-term availability of parts for military
equipment, the fuel costs for such equipment, and the
sustainability of such equipment.
``(C) An assessment of any technologies, including electric,
hydrogen, or other sustainable fuel technologies, that may
reduce operational energy demand in the near-term or long-term.
``(D) An assessment of how the Secretaries concerned and the
commanders of the combatant commands can better plan for
challenges presented by near-peer adversaries in a contested
logistics environment, including through innovative delivery
systems, distributed storage, flexible contracting, and improved
automation.
[[Page 135 STAT. 1653]]
``(E) An assessment of any infrastructure investments of
allied and partner countries that may affect operational energy
availability in the event of a conflict with a near-peer
adversary.
``(3) <<NOTE: Procedures. Recommenda- tions.>> By authority of the
Secretary of Defense, and taking into consideration the findings of the
working group, the Assistant Secretary shall prescribe policies and
procedures for the implementation of the strategy and make
recommendations to the Secretary of Defense and Deputy Secretary of
Defense with respect to specific operational energy plans and programs
to be carried out pursuant to the strategy.
``(4) <<NOTE: Deadline. Time period.>> Not later than 30 days after
the date on which the budget for fiscal year 2024 is submitted to
Congress pursuant to section 1105 of title 31, and every five years
thereafter, the Assistant Secretary shall submit to the congressional
defense committees the strategy required under paragraph (1).''.
(d) Definition.--Such section is further amended by adding at the
end the following new subsection:
``(h) Contested Logistics Environment Defined.--In this section, the
term `contested logistics environment' means an environment in which the
armed forces engage in conflict with an adversary that presents
challenges in all domains and directly targets logistics operations,
facilities, and activities in the United States, abroad, or in transit
from one location to the other.''.
(e) Conforming Amendment.--Section 2926(c)(5) of title 10, United
States Code, is amended by striking ``subsection (e)(4)'' and inserting
``subsection (f)(4)''.
(f) Interim Report.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary of Defense for Energy,
Installations, and Environment shall submit to the congressional defense
committees an interim report on any actions taken pursuant to the
amendments made by this section. <<NOTE: Update.>> Such report shall
include an update regarding the establishment of the working group under
section 2926(d) of title 10, United States Code, as amended by
subsection (b).
(g) <<NOTE: Deadline.>> Briefing on Assistant Secretary of Defense
for Energy, Installations, and Environment.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the status of the
following:
(1) The planned division of responsibilities between the
Assistant Secretary of Defense for Sustainment and the Assistant
Secretary of Defense for Energy, Installations, and Environment.
(2) <<NOTE: Plan.>> A personnel plan to ensure the adequate
manning of support personnel for the Assistant Secretary of
Defense for Energy, Installations, and Environment.
(3) Any additional resources necessary to ensure the ability
of the Assistant Secretary of Defense for Energy, Installations,
and Environment to fulfill the duty required under section
138(b)(7) of title 10, United States Code, and any other duties
required of such Assistant Secretary by law.
SEC. 352. GLOBAL BULK FUEL MANAGEMENT AND DELIVERY.
(a) Responsibility of United States Transportation Command.--
[[Page 135 STAT. 1654]]
(1) In general.--Subchapter III of chapter 173 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2927. <<NOTE: 10 USC 2927.>> Global bulk fuel management
and delivery
``(a) <<NOTE: Effective date.>> Responsible Element.--(1) Beginning
during the period described in paragraph (2) and permanently thereafter,
the United States Transportation Command shall be the element
responsible for bulk fuel management and delivery of the Department of
Defense on a global basis.
``(2) <<NOTE: Time period.>> The period described in this paragraph
is the period beginning on January 1, 2023, and ending on February 1,
2023.
``(b) Coordination With Defense Logistics Agency.--In carrying out
the responsibilities specified in subsection (a), the Commander of the
United States Transportation Command shall coordinate with the Director
of the Defense Logistics Agency.
``(c) Rule of Construction.--Except to the extent that, prior to
January 1, 2023, a responsibility specified in subsection (a) was a
specific function of the Defense Logistics Agency Energy, nothing under
this section shall be construed as--
``(1) limiting any other function of the Defense Logistics
Agency Energy; or
``(2) requiring the transfer of any function, personnel, or
asset from the Defense Logistics Agency Energy to the United
States Transportation Command.''.
(2) Clerical amendment.--The table of contents for such
subchapter <<NOTE: 10 USC 2924 prec.>> is amended by adding at
the end the following new item:
``2927. Global bulk fuel management and delivery.''.
(b) <<NOTE: Deadline. Reviews.>> Briefing.--Not later than July 1,
2022, the Commander of United States Transportation Command shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on progress made to carry out
the transfer of responsibilities to the United States Transportation
Command pursuant to section 2927 of title 10, United States Code (as
added by subsection (a)), including--
(1) a review of the plan of action for such transfer;
(2) a review of milestones completed and yet to be completed
with respect to such transfer; and
(3) <<NOTE: Determination.>> an identification of any
legislative changes or additional resources the Commander
determines are necessary to implement such section 2927.
(c) Global Bulk Fuel Management Strategy.--
(1) <<NOTE: Deadline.>> Strategy required.--Not later than
October 1, 2022, the Commander of United States Transportation
Command shall prepare and submit to the Committees on Armed
Services of the House of Representatives and the Senate a
strategy to develop the infrastructure and programs necessary to
optimally support global bulk fuel management of the Department
of Defense.
(2) Additional elements.--The strategy under paragraph (1)
shall include the following additional elements:
(A) A description of the current organizational
responsibility for bulk fuel management of the
Department, organized by geographic combatant command,
including with respect to ordering, storage, and
strategic and tactical transportation.
[[Page 135 STAT. 1655]]
(B) A description of any legacy bulk fuel management
assets of each of the geographic combatant commands.
(C) A description of the operational plan to
exercise such assets to ensure full functionality and to
repair, upgrade, or replace such assets as necessary.
(D) An identification of the resources required for
any such repairs, upgrades, or replacements.
(E) A description of the current programs relating
to platforms, weapon systems, or research and
development, that are aimed at managing fuel constraints
by decreasing demand for fuel.
(F) <<NOTE: Assessments.>> An assessment of current
and projected threats to forward-based bulk fuel
delivery, storage, and distribution systems, and an
assessment, based on such current and projected threats,
of attrition to bulk fuel infrastructure, including
storage and distribution systems, in a conflict
involving near-peer foreign countries.
(G) <<NOTE: Assessment.>> An assessment of current
days of supply guidance, petroleum war reserve
requirements, and prepositioned war reserve stocks,
based on operational tempo associated with distributed
operations in a contested environment.
(H) An identification of the resources required to
address any changes to such guidance, requirements, or
stocks recommended as the result of such assessment.
(I) <<NOTE: List. Recommenda- tions.>> An
identification of any global shortfall with respect to
bulk fuel management, organized by geographic combatant
command, and a prioritized list of investment
recommendations to address each shortfall identified.
(3) Coordination.--In preparing the strategy under paragraph
(1), the Commander of United States Transportation Command shall
coordinate with subject matter experts of the Joint Staff, the
geographic combatant commands, the Defense Logistics Agency, and
the military departments.
(4) Form.--The strategy under paragraph (1) may be submitted
in classified form, but if so submitted shall include an
unclassified executive summary.
(d) Conforming Amendments.--Section 2854 of the Military
Construction Authorization Act for Fiscal Year 2021 (division B of
Public Law 116-283) <<NOTE: 10 USC 2922 note.>> is amended--
(1) in subsection (b), by striking ``The organizational
element designated pursuant to subsection (a)'' and inserting
``The Secretary of Defense'';
(2) in subsection (c), by striking ``subsection (b)'' and
inserting ``subsection (a)'';
(3) by striking subsections (a) and (d); and
(4) by redesignating subsections (b) and (c), as amended by
paragraphs (1) and (2), as subsections (a) and (b),
respectively.
SEC. 353. TEST AND EVALUATION OF POTENTIAL BIOBASED SOLUTION FOR
CORROSION CONTROL AND MITIGATION.
(a) <<NOTE: Deadline.>> Test and Evaluation.--Not later than 120
days after the date of the enactment of this Act, the Director of the
Strategic Environmental Research and Development Program and the
Environmental Security Technology Certification Program shall test and
evaluate at least one existing covered biobased solution for
[[Page 135 STAT. 1656]]
use as an alternative to current solutions of the Department of Defense
for the control and mitigation of corrosion.
(b) <<NOTE: Requirements.>> Determination.--Following the test and
evaluation of a covered biobased solution under subsection (a), the
Director shall determine, based on such test and evaluation, whether the
solution meets the following requirements:
(1) The solution is capable of being produced domestically
in sufficient quantities.
(2) The solution is at least as effective at the control and
mitigation of corrosion as current alternative solutions.
(3) The solution reduces environmental exposures.
(c) <<NOTE: Determination.>> Recommendations.--The Director shall
develop recommendations for the Department of Defense-wide deployment of
covered biobased solutions that the Director has determined meet the
requirements under subsection (b).
(d) Covered Biobased Solution Defined.--In this section, the term
``covered biobased solution'' means a solution for the control and
mitigation of corrosion that is domestically produced, commercial, and
biobased.
SEC. 354. <<NOTE: 10 USC 2476 note.>> PILOT PROGRAM ON DIGITAL
OPTIMIZATION OF ORGANIC INDUSTRIAL BASE
MAINTENANCE AND REPAIR OPERATIONS.
(a) <<NOTE: Deadline. Coordination.>> In General.--Beginning not
later than 180 days after the date of the enactment of this Act, the
Assistant Secretary of Defense for Sustainment, in coordination with the
Secretaries of the military departments, shall undertake a pilot program
under which the digitization of the facilities and operations of at
least one covered depot shall be provided for by the Secretary
concerned.
(b) Elements of Pilot Program.--In carrying out the pilot program
under this section, the Secretary concerned shall provide for each of
the following at the covered depot or depots at which the program is
carried out:
(1) The creation of a digital twin model of the maintenance,
repair, and remanufacturing infrastructure and activities.
(2) The modeling and simulation of optimized facility
configuration, logistics systems, and processes.
(3) <<NOTE: Analysis.>> The analysis of material flow and
resource use to achieve key performance metrics for all levels
of maintenance and repair.
(4) <<NOTE: Assessment.>> An assessment of automated,
advanced, and additive manufacturing technologies that could
improve maintenance, repair, and remanufacturing operations.
(c) Report.--Not later than 60 days after the completion of the
digital twin model and associated analysis, the Assistant Secretary of
Defense for Sustainment shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the pilot
program. Such report shall include--
(1) <<NOTE: Summary.>> a summary of the cost of the pilot
program;
(2) a description of the efficiencies identified under the
pilot program;
(3) a description of the infrastructure, workforce, and
capital equipment investments necessary to achieve such
efficiencies;
(4) <<NOTE: Plans.>> any plans to undertake such
investments; and
[[Page 135 STAT. 1657]]
(5) <<NOTE: Assessment.>> the assessment of the Assistant
Secretary of the value of the pilot program and the potential
applicability of the findings of the pilot program to other
covered depots.
(d) Definitions.--In this section:
(1) The term ``covered depot'' includes any depot covered
under section 2476(e) of title 10, United States Code, except
for the following:
(A) Portsmouth Naval Shipyard, Maine.
(B) Pearl Harbor Naval Shipyard, Hawaii.
(C) Puget Sound Naval Shipyard, Washington.
(D) Norfolk Naval Shipyard, Virginia.
(2) The terms ``military departments'' and ``Secretary
concerned'' have the meanings given such terms in section 101 of
title 10, United States Code.
SEC. 355. <<NOTE: 10 USC 8013 note.>> IMPROVED OVERSIGHT FOR
IMPLEMENTATION OF SHIPYARD INFRASTRUCTURE
OPTIMIZATION PROGRAM OF THE NAVY.
(a) Updated Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than
September 30, 2022, the Secretary of the Navy shall submit to
the congressional defense committees an update to the plan of
the Secretary for implementation of the Shipyard Infrastructure
Optimization Program of the Department of the Navy, with the
objective of providing increased transparency for the actual
costs and schedules associated with infrastructure optimization
activities for shipyards covered by such program.
(2) Updated cost estimates.--The updated plan required under
paragraph (1) shall include updated cost estimates comprising
the most recent costs of capital improvement projects for each
of the four public shipyards covered by the Shipyard
Infrastructure Optimization Program.
(b) Briefing Requirement.--
(1) In general.--Before the start of physical construction
with respect to a covered project, the Secretary of the Navy or
a designee of the Secretary shall brief each of the
congressional defense committees on such project, regardless of
the source of funding for such project.
(2) Written information.--Before conducting a briefing under
paragraph (1) with respect to a covered project, the Secretary
of the Navy or a designee of the Secretary shall submit to the
congressional defense committees in writing the following
information:
(A) <<NOTE: Update. Cost estimate.>> An updated
cost estimate for such project that--
(i) meets the standards of the Association for
the Advancement of Cost Engineering for a Level 1
or Level 2 cost estimate; or
(ii) is an independent cost estimate.
(B) <<NOTE: Schedule.>> A schedule for such project
that is comprehensive, well-constructed, credible, and
controlled pursuant to the Schedule Assessment Guide:
Best Practices for Project Schedules (GAO-16-89G) set
forth by the Comptroller General of the United States in
December 2015, or successor guide.
(C) <<NOTE: Estimate.>> An estimate of the
likelihood that programmed and planned funds for such
project will be sufficient for the completion of the
project.
[[Page 135 STAT. 1658]]
(3) Covered project defined.--In this subsection, the term
``covered project'' means a shipyard project under the Shipyard
Infrastructure Optimization Program--
(A) with a contract awarded on or after October 1,
2024; and
(B) valued at $250,000,000 or more.
(c) Annual Report.--
(1) <<NOTE: Coordination.>> In general.--Not later than
December 31, 2022, and not later than December 31 of each year
thereafter, the Commander of the Naval Sea Systems Command, in
coordination with the Program Manager Ships 555, shall submit to
the congressional defense committees a report detailing the use
by the Department of the Navy of funding for all efforts
associated with the Shipyard Infrastructure Optimization
Program, including the use of amounts made available by law to
support the projects identified in the plan to implement such
program, including any update to such plan under subsection (a).
(2) <<NOTE: Updates. Estimates.>> Elements.--Each report
required by paragraph (1) shall include updated cost and
schedule estimates--
(A) for the plan to implement the Shipyard
Optimization Program, including any update to such plan
under subsection (a); and
(B) for each dry dock, major facility, and
infrastructure project valued at $250,000,000 or more
under such program.
(d) Comptroller General Report.--
(1) Report.--
(A) In general.--Not later than May 1, 2023, the
Comptroller General of the United States shall submit to
the Committees on Armed Services of the Senate and the
House of Representatives a report on the progress of the
Secretary of the Navy in implementing the Shipyard
Infrastructure Optimization Program, including--
(i) the progress of the Secretary in
completing the first annual report required under
such program; and
(ii) <<NOTE: Estimates.>> the cost and
schedule estimates for full implementation of such
program.
(B) <<NOTE: Assessments.>> Elements.--The report
required by subparagraph (A) shall include the
following:
(i) An assessment of the extent to which the
cost estimate for the updated optimization plan
for the Shipyard Infrastructure Optimization
Program is consistent with leading practices for
cost estimation.
(ii) An assessment of the extent to which the
project schedule for such program is
comprehensive, well-constructed, credible, and
controlled.
(iii) An assessment of whether programmed and
planned funds for a project under such program
will be sufficient for the completion of the
project.
(iv) Such other related matters as the
Comptroller General considers appropriate.
(2) <<NOTE: Deadline.>> Initial briefing.--Not later than
April 1, 2023, the Comptroller General shall brief the
Committees on Armed Services of the Senate and the House of
Representatives on the preliminary findings of the report under
paragraph (1).
[[Page 135 STAT. 1659]]
SEC. 356. REPORT AND CERTIFICATION REQUIREMENTS REGARDING
SUSTAINMENT COSTS FOR FIGHTER AIRCRAFT
PROGRAMS.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on individual aircraft fleet sustainment
costs for the F-35 A/B/C, F/A-18 C/D/E/F/G, AV-8B, A-10C, F-16 C/D, F-
22, and F-15 C/E/EX aircraft fleets. Such report shall include the
following:
(1) <<NOTE: Assessment.>> A detailed description and
explanation of, and the actual cost data related to, current
sustainment costs for the aircraft fleets specified in this
subsection, including an identification and assessment of cost
elements attributable to the Federal Government or to
contractors (disaggregated by the entity responsible for each
portion of the cost element, including for a prime contractor
and any first-tier subcontractor) with respect to such
sustainment costs.
(2) <<NOTE: Time period.>> An identification of sustainment
cost metrics for each aircraft fleet specified in this
subsection for each of fiscal years 2022 through 2026, expressed
in cost-per-tail-per-year format.
(b) Limitation on Certain F-35 Contracts.--
(1) <<NOTE: Certification. Determination.>> In general.--
The Secretary of Defense may not enter into a performance-based
logistics sustainment contract for the F-35 airframe or engine
programs, or modify an existing contract for the F-35 airframe
or engine programs to require the use of a performance-based
logistics sustainment contract, unless the Secretary submits to
the congressional defense committees a certification that the
Secretary has determined such a performance-based logistics
contract will--
(A) reduce sustainment or operating costs for the F-
35 airframe or engine programs; or
(B) increase readiness rates, full and partial
mission capability rates, or airframe and engine
availability rates of the F-35 weapon system.
(2) <<NOTE: Analysis.>> Certification.--Any certification
submitted pursuant to paragraph (1) shall include a cost-benefit
analysis comparing an existing contract for the F-35 airframe or
engine programs with a performance-based logistics sustainment
contract for the F-35 airframe or engine programs.
(3) Applicability.--The limitation under paragraph (1) shall
not apply with respect to the termination, modification,
exercise of a contract option for, or other action relating to,
a contract for the F-35 program entered into prior to the date
of the enactment of this Act unless such termination,
modification, exercise, or other action would require the use of
a performance-based logistics sustainment contract as specified
in paragraph (1).
(c) <<NOTE: Determination.>> Cost-per-tail-per-year Calculation.--
For purposes of this section, the average cost-per-tail of a variant of
an aircraft of an Armed Force shall be determined by--
(1) adding the total amount expended for a fiscal year (in
base year fiscal 2012 dollars) for all such aircraft in the
inventory of an Armed Force for--
(A) unit level manpower;
(B) unit operations;
(C) maintenance;
(D) sustaining support;
[[Page 135 STAT. 1660]]
(E) continuing system support; and
(F) modifications; and
(2) dividing the sum resulting under paragraph (1) by the
average number of such aircraft in the inventory of an Armed
Force during such fiscal year.
SEC. 357. COMPTROLLER GENERAL ANNUAL REVIEWS OF F-35 SUSTAINMENT
EFFORTS.
(a) <<NOTE: Deadlines.>> Annual Reviews and Briefings.--Not later
than March 1 of each year of 2022, 2023, 2024, and 2025, the Comptroller
General of the United States shall--
(1) conduct an annual review of the sustainment efforts of
the Department of Defense with respect to the F-35 aircraft
program (including the air vehicle and propulsion elements of
such program); and
(2) provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on such review,
including any findings of the Comptroller General as a result of
such review.
(b) <<NOTE: Assessments.>> Elements.--Each review under subsection
(a)(1) shall include an assessment of the following:
(1) The status of the sustainment strategy of the Department
for the F-35 Lightning II aircraft program.
(2) The Department oversight and prime contractor management
of key sustainment functions with respect to the F-35 aircraft
program.
(3) The ability of the Department to reduce the costs, or
otherwise maintain the affordability, of the sustainment of the
F-35 fleet.
(4) <<NOTE: Determination.>> Any other matters regarding
the sustainment or affordability of the F-35 aircraft program
that the Comptroller General determines to be of critical
importance to the long-term viability of such program.
(c) Reports.--Following the provision of each briefing under
subsection (a)(2), at such time as is mutually agreed upon by the
Committees on Armed Services of the House of Representatives and the
Senate and the Comptroller General, the Comptroller General shall submit
to such committees a report on the matters covered by the briefing.
Subtitle F--Reports
SEC. 361. INCLUSION OF INFORMATION REGARDING BORROWED MILITARY
MANPOWER IN READINESS REPORTS.
Section 482(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph:
``(10) Information regarding the extent to which any member
of the armed forces is assigned or detailed outside the member's
unit or away from training in order to perform any function that
had previously been performed by civilian employees of the
Federal Government.''.
SEC. 362. ANNUAL REPORT ON MATERIAL READINESS OF NAVY SHIPS.
Section 8674(d) of title 10, United States Code, is amended--
[[Page 135 STAT. 1661]]
(1) in paragraph (1)--
(A) by striking ``submit to the'' and inserting
``provide to the'';
(B) by inserting ``a briefing and submit to such
committees'' after ``congressional defense committees'';
and
(C) by striking ``setting forth'' and inserting
``regarding'';
(2) in paragraph (2)--
(A) by striking ``in an unclassified form that is
releasable to the public without further redaction.''
and inserting ``in--''; and
(B) by adding at the end the following new
subparagraphs:
``(A) a classified form; and
``(B) an unclassified form that is releasable to the public
without further redaction.''; and
(3) by striking paragraph (3).
SEC. 363. <<NOTE: 10 USC 2722 note.>> INCIDENT REPORTING
REQUIREMENTS FOR DEPARTMENT OF DEFENSE
REGARDING LOST OR STOLEN WEAPONS.
(a) <<NOTE: Time periods.>> In General.--For each of fiscal years
2022, 2023, and 2024, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on security, control, thefts, losses, and
recoveries of sensitive conventional arms, ammunition, and explosives
(commonly referred to as ``AA&E'') of the Department of Defense during
such year, including the following:
(1) M-16 or M4s.
(2) Light automatic weapons up to and including M249, M2,
and 40mm MK19 machine guns.
(3) Functional launch tube with umbilical squib installed
and grip stock for the Stinger missile.
(4) Launch tube, sight assembly, and grip stock for
missiles.
(5) Tracker for the Dragon missile.
(6) Mortar tubes up to and including 81mm.
(7) Grenade launchers.
(8) Rocket and missile launchers with an unpacked weight of
100 pounds or less.
(9) Flame throwers.
(10) The launcher, missile guidance se, or the optical sight
for the TOW and the Javelin Command Launch Unit.
(11) Single shot and semi-automatic (non-automatic)
shoulder-fired weapons such as shotguns and bolt action rifles
and weapons barrels.
(12) Handguns.
(13) Recoil-less rifles up to and including 106mm.
(14) Man-portable missiles and rockets in a ready-to-fire
configuration or when jointly stored or transported with the
launcher tube or grip-stock and the explosive round.
(15) Stinger missiles.
(16) Dragon, Javelin, light antitank weapon (66mm),
shoulder-launched multi-purpose assault weapon rocket (83mm),
M136 (AT4) anti-armor launcher and cartridge (84mm).
(17) Missiles and rockets that are crew-served or require
platform-mounted launchers and other equipment to function,
[[Page 135 STAT. 1662]]
including HYDRA-70 rockets and tube-launched optically wire
guided (TOW) missiles.
(18) Missiles and rockets that require platform-mounted
launchers and complex hardware equipment to function including
the HELLFIRE missile.
(19) Explosive rounds of any missile or rocket listed in
paragraphs (1) through (18).
(20) Hand or rifle grenades (high-explosive and white
phosphorous).
(21) Antitank or antipersonnel mines.
(22) Explosives used in demolition operations, C-4, military
dynamite, and trinitrotoluene (TNT).
(23) Warheads for sensitive missiles and rockets weighing
less than 50 pounds each.
(24) Ammunition that is .50 caliber or larger with
explosive-filled projectile.
(25) Incendiary grenades and fuses for high-explosive
grenades.
(26) Blasting caps.
(27) Supplementary charges.
(28) Bulk explosives.
(29) Detonating cord.
(30) Riot control agents.
(b) <<NOTE: Deadline.>> Immediate Reporting of Confirmed Thefts,
Losses, and Recoveries.--Not later than 72 hours after a confirmed
theft, loss, or recovery of a sensitive conventional arm, ammunition, or
explosive covered by the report required by subsection (a), the
Secretary shall report such theft, loss, or recovery to the National
Crime Information Center and local law enforcement.
SEC. 364. <<NOTE: 10 USC 501 note prec.>> STRATEGY AND ANNUAL
REPORT ON CRITICAL LANGUAGE PROFICIENCY OF
SPECIAL OPERATIONS FORCES.
(a) Strategy.--
(1) <<NOTE: Deadline. Coordination.>> Strategy required.--
Not later than 180 days after the date of the enactment of this
Act, the Assistant Secretary of Defense for Special Operations
and Low-Intensity Conflict, in coordination with the Secretaries
of the military departments, shall submit to the congressional
defense committees a strategy to improve the language
proficiency of the special operations forces of the Armed
Forces, including by identifying individuals who have
proficiency in a critical language and recruiting and retaining
such individuals in the special operations forces.
(2) Elements.--The strategy under paragraph (1) shall
include the following:
(A) <<NOTE: Requirements.>> A baseline of foreign
language proficiency requirements to be implemented
within the special operations forces, disaggregated by
Armed Force and by critical language.
(B) Annual recruitment targets for the number of
candidates with demonstrated proficiency in a critical
language to be selected for participation in the initial
assessment and qualification programs of the special
operations forces.
(C) A description of current and planned efforts of
the Secretaries concerned and the Assistant Secretary to
meet such annual recruitment targets.
[[Page 135 STAT. 1663]]
(D) A description of any training programs used to
enhance or maintain foreign language proficiency within
the special operations forces, including any
nongovernmental programs used.
(E) <<NOTE: Plan.>> An annual plan to enhance and
maintain foreign language proficiency within the special
operations forces of each Armed Force.
(F) <<NOTE: Plan.>> An annual plan to retain
members of the special operation forces of each Armed
Force who have proficiency in a foreign language.
(G) <<NOTE: Determination.>> A description of
current and projected capabilities and activities that
the Assistant Secretary determines are necessary to
maintain proficiency in critical languages within the
special operations forces.
(H) <<NOTE: Plan. Determination.>> A plan to
implement a training program for members of the special
operations forces who serve in positions that the
Assistant Secretary determines require proficiency in a
critical language to support the Department of Defense
in strategic competition.
(b) <<NOTE: Time period. Coordination.>> Reports Required.--Not
later than December 31, 2022, and annually thereafter until December 31,
2025, the Assistant Secretary of Defense for Special Operations and Low-
Intensity Conflict, in coordination with the Secretaries of the military
departments, shall submit to the congressional defense committees a
report on the strategy required under subsection (a), including progress
in achieving the objectives of the strategy with respect to the
recruitment, training, and retention of members of the special
operations forces who have proficiency in a critical language.
(c) Definitions.--In this section:
(1) The term ``critical language'' means a language
identified by the Director of the National Security Education
Program as critical to national security.
(2) The terms ``military departments'' and ``Secretary
concerned'' have the meanings given such terms in section 101 of
title 10, United States Code.
(3) The term ``proficiency'' means proficiency in a
language, as assessed by the Defense Language Proficiency Test.
(4) The term ``special operations forces'' means forces
described under section 167(j) of title 10, United States Code.
Subtitle G--Other Matters
SEC. 371. MILITARY AVIATION AND INSTALLATION ASSURANCE
CLEARINGHOUSE MATTERS.
(a) <<NOTE: Coordination.>> Strategy to Test and Integrate Wind
Turbine Interference Mitigation Strategies.--The Secretary of Defense
and the Secretary of the Air Force, in coordination with the Commander
of United States Northern Command and the Commander of North American
Aerospace Defense Command, shall develop a strategy to test and
integrate wind turbine interference mitigation technologies into radars
and the air surveillance command and control architecture of the
Department of Defense.
(b) Modification of Clearinghouse Requirements.--Section 183a(c) of
title 10, United States Code, is amended--
(1) in paragraph (2), by adding at the end the following new
subparagraph:
[[Page 135 STAT. 1664]]
``(C) <<NOTE: Notice. Assessment.>> A notice of presumed risk
issued under subparagraph (A) is a preliminary assessment only and does
not represent a formal objection pursuant to subsection (e). Discussions
of possible mitigation actions under such subparagraph could favorably
resolve any concerns identified in the notice of presumed risk.''; and
(2) by adding at the end the following new paragraph:
``(8) <<NOTE: Deadline.>> If, in reviewing an application for an
energy project pursuant to paragraph (1), the Clearinghouse finds no
adverse impact on military operations under section 44718(b)(1) of title
49, the Clearinghouse shall communicate to the Secretary of
Transportation in writing, not later than five business days after
making such finding, the following: `No Part 77 concerns, national
security review ongoing.'.''.
SEC. 372. ESTABLISHMENT OF JOINT SAFETY COUNCIL.
(a) In General.--Chapter 7 of title 10, United States Code, is
amended by inserting after section 183a the following new section:
``Sec. 184. <<NOTE: 10 USC 184.>> Joint Safety Council
``(a) In General.--There is established, within the Office of the
Deputy Secretary of Defense, a Joint Safety Council (in this section
referred to as the `Council').
``(b) Membership; Appointment; Compensation.--(1) The Council shall
be composed of voting members as follows:
``(A) The Director of Safety for each military department.
``(B) An employee of the Department of Defense who is a
career member of the Senior Executive Service and has a
demonstrated record of success in the implementation of programs
within the Department of Defense (as determined by the Deputy
Secretary of Defense), appointed by the Deputy Secretary of
Defense.
``(C) One member of the armed forces or civilian employee
from each military department, appointed by the Secretary
concerned.
``(D) Such additional members as may be determined by the
Deputy Secretary of Defense.
``(2)(A) Each member of the Council shall serve at the will of the
official who appointed that member.
``(B) Any vacancy on the Council shall be filled in the same manner
as the original appointment.
``(3) Members of the Council may not receive additional pay,
allowances, or benefits by reason of their service on the Council.
``(c) Chairperson and Vice Chairperson.--(1)(A) The Secretary of
Defense, or the designee of the Secretary, shall select one of the
members of the Council who is a member of the armed forces to serve as
the Chairperson of the Council.
``(B) <<NOTE: Time period.>> The Chairperson shall serve for a term
of two years and shall be responsible for--
``(i) serving as the Director of Safety for the Department
of Defense;
``(ii) serving as principal advisor to the Secretary of
Defense regarding military safety and related regulations and
policy reforms, including issues regarding maintenance, supply
chains, personnel management, and training;
``(iii) overseeing all duties and activities of the Council,
including the conduct of military safety studies and the
issuance of safety guidance to the military departments;
[[Page 135 STAT. 1665]]
``(iv) working with, and advising, the Secretaries of the
military departments through appointed safety chiefs to
implement standardized safety guidance across the military
departments;
``(v) submitting to the Secretary of Defense and Congress an
annual report reviewing the compliance of each military
department with the guidance described in clause (iv);
``(vi) advising Congress on issues relating to military
safety and reforms; and
``(vii) <<NOTE: Coordination.>> overseeing coordination
with other Federal agencies, including the Federal Aviation
Administration, to inform military aviation safety guidance and
reforms.
``(2) The individual appointed under subsection (b)(1)(B) shall
serve as the Vice Chairperson. The Vice Chairperson shall report to the
Chairperson and shall serve as Chairperson in the absence of the
Chairperson.
``(d) Responsibilities.--The Council shall carry out the following
responsibilities:
``(1) Subject to subsection (e), issuing, publishing, and
updating regulations related to joint safety, including
regulations on the reporting and investigation of mishaps.
``(2) With respect to mishap data--
``(A) establishing uniform data collection standards
and a repository, that is accessible Department-wide, of
data for mishaps in the Department of Defense;
``(B) reviewing the compliance of each military
department in adopting and using the uniform data
collection standards established under subparagraph (A);
and
``(C) reviewing mishap data to assess, identify, and
prioritize risk mitigation efforts and safety
improvement efforts across the Department.
``(3) With respect to non-mishap data--
``(A) establishing standards and requirements for
the collection of aircraft, equipment, simulator,
airfield, range, pilot, and operator data;
``(B) establishing standards and requirements for
the collection of ground vehicle equipment and crew
data; and
``(C) establishing requirements for each military
department to collect and analyze any waivers issued
relating to pilot or operator qualifications or
standards.
``(4) Reviewing and assessing civil and commercial aviation
safety programs and practices to determine the suitability of
such programs and practices for implementation in the military
departments.
``(5) Establishing, in consultation with the Administrator
of the Federal Aviation Administration, a requirement for each
military department to implement an aviation safety management
system.
``(6) Establishing, in consultation with the heads of
appropriate Federal departments and agencies, a requirement for
each military department to implement a separate safety
management program for ground vehicles and ships.
``(7) Reviewing the proposal of each military department for
the safety management systems described in paragraphs (9) and
(10).
``(8) Reviewing the implementation of such systems by each
military department.
[[Page 135 STAT. 1666]]
``(9) Ensuring each military department has in place a
system to monitor the implementation of recommendations made in
safety and legal investigation reports of mishap incidents.
``(e) Oversight.--The decisions and recommendations of the Council
are subject to review and approval by the Deputy Secretary of Defense.
``(f) Staff.--(1) The Council may appoint staff in accordance with
section 3101 of title 5.
``(2) The Council may accept persons on detail from within the
Department of Defense and from other Federal departments or agencies on
a reimbursable or non-reimbursable basis.
``(g) Contract Authority.--The Council may enter into contracts for
the acquisition of administrative supplies, equipment, and personnel
services for use by the Council, to the extent that funds are available
for such purposes.
``(h) Procurement of Temporary and Intermittent Services.--The
Chairperson may procure temporary and intermittent services under
section 3109(b) of title 5 at rates for individuals which do not exceed
the daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such title.
``(i) Data Collection.--(1) <<NOTE: Regulations.>> Under
regulations issued by the Secretary of Defense, the Council shall have
access to Department of Defense databases necessary to carry out its
responsibilities, including causal factors to be used for mishap
reduction purposes.
``(2) <<NOTE: Contracts.>> Under regulations issued by the
Secretary of Defense, the Council may enter into agreements with the
Federal Aviation Administration, the National Transportation Safety
Board, and any other Federal agency regarding the sharing of safety
data.
``(3) Data collected by the Council pursuant to this subsection may
include privileged safety information that is protected from disclosure
or discovery to any person.
``(j) <<NOTE: Time period.>> Meetings.--The Council shall meet
quarterly and at the call of the Chairperson.
``(k) Report.--The Chair of the Council shall submit to the
congressional defense committees semi-annual reports on the activities
of the Council.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 10 USC 171 prec.>> is amended by inserting after
the item relating to section 183a the following new item:
``184. Joint Safety Council.''.
(c) <<NOTE: 10 USC 184 note.>> Deadlines.--
(1) Establishment.--The Secretary of Defense shall ensure
the establishment of the Joint Safety Council under section 184
of title 10, United States Code (as added by subsection (a)), by
not later than the date that is 120 days after the date of the
enactment of this Act.
(2) Appointment of first members.--The initial members of
the Joint Safety Council established under such section 184
shall be appointed by not later than the date that is 120 days
after the date of the enactment of this Act.
(3) Directors of safety.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of each
military department shall ensure there is appointed as the
Director of Safety for the military department concerned an
officer of that military department in pay grade O-8 or above.
[[Page 135 STAT. 1667]]
(d) Report.--Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report that includes the following:
(1) A description of the measures the Secretary plans to
take to correct the issues identified in the report of the
National Commission on Military Aviation Safety submitted to the
President and Congress and dated December 1, 2020.
(2) A statement as to whether the Secretary concurs or
disagrees with the findings of such report.
(3) <<NOTE: Plan.>> A detailed plan of action for the
implementation of each recommendation included in such report.
(4) <<NOTE: Recommenda- tions. Determination.>> Any
additional recommendations the Secretary determines are
necessary to apply the findings of the National Commission on
Military Aviation Safety in such report to all aspects of
military safety.
(e) Authorization of Appropriations.--Of the amounts authorized to
be appropriated or otherwise made available by this Act for Military
Personnel Appropriations for fiscal year 2022, $4,000,000 shall be made
available for the Joint Safety Council established under section 184 of
title 10, United States Code, as added by subsection (a).
SEC. 373. IMPROVEMENTS AND CLARIFICATIONS RELATED TO MILITARY
WORKING DOGS.
(a) Prohibition on Charge for Transfer of Military Animals.--Section
2583(d) of title 10, United States Code, is amended by striking ``may''
and inserting ``shall''.
(b) Inclusion of Military Working Dogs in Certain Research.--Section
708(b) of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 1071 note) is amended--
(1) in paragraph (7), by striking ``of members of the Armed
Forces'' and inserting ``with respect to both members of the
Armed Forces and military working dogs''; and
(2) by striking paragraph (9) and inserting the following
new paragraph:
``(9) To inform and advise the conduct of research on the
leading causes of morbidity and mortality of members of the
Armed Forces and military working dogs in combat.''.
SEC. 374. EXTENSION OF TEMPORARY AUTHORITY TO EXTEND CONTRACTS AND
LEASES UNDER THE ARMS INITIATIVE.
Section 343 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 7554 note) is amended by
striking ``the date that is five years after the date of the enactment
of this Act'' and inserting ``November 25, 2025,''.
SEC. 375. <<NOTE: 10 USC 2001 note prec.>> AUTHORITY TO MAINTAIN
ACCESS TO CATEGORY 3 SUBTERRANEAN TRAINING
FACILITY.
(a) In General.--The Secretary of Defense may ensure that the
Department of Defense maintains access to a covered category 3
subterranean training facility on a continuing basis.
(b) Authority to Enter Into Lease.--The Secretary of Defense is
authorized to enter into a short-term lease with a provider of a covered
category 3 subterranean training facility for purposes of carrying out
subsection (a).
[[Page 135 STAT. 1668]]
(c) Covered Category 3 Subterranean Training Facility Defined.--In
this section, the term ``covered category 3 subterranean training
facility'' means a category 3 subterranean training facility that is--
(1) <<NOTE: Effective date.>> operational as of the date of
the enactment of this Act; and
(2) deemed safe for use as of such date.
SEC. 376. ACCIDENT INVESTIGATION REVIEW BOARD.
(a) Proposal for Establishment of Board.--The Deputy Secretary of
Defense shall develop a proposal for the establishment of an Accident
Investigation Review Board (in this section referred to as the
``Board'') to provide independent oversight and review of the legal
investigations conducted by the Department of Defense outside of the
safety process into the facts and circumstances surrounding operational
and training accidents. <<NOTE: Recommenda- tions.>> The proposal shall
include recommendations relating to--
(1) the size and composition of the Board;
(2) the process by which the Board would screen accident
investigations to identify unsatisfactory, biased, incomplete,
or insufficient investigations requiring subsequent review by
the Board, including whether the Board should review
investigations meeting a predetermined threshold (such as all
fatal accidents or all Class A mishaps);
(3) the process by which the military departments and other
components of the Department of Defense could refer pending or
completed accident investigations to the Board for review;
(4) the process by which the Board would evaluate a
particular accident investigation for accuracy, thoroughness,
and objectivity;
(5) <<NOTE: Requirements.>> the requirements for and
process by which the convening component of an investigation
reviewed by the Board should address the findings of the Board's
review of that particular investigation;
(6) <<NOTE: Procedures.>> proposed procedures for
safeguarding privileged and sensitive data and safety
information collected during the investigation review process;
and
(7) <<NOTE: Reports. Assessment.>> how and when the Board
would be required to report to the Deputy Secretary of Defense
on the activities of the Board, the outcomes of individual
investigation reviews performed by the Board, and the assessment
of the Board regarding cross-cutting themes and trends
identified by those reviews.
(b) <<NOTE: Deadline. Timeline.>> Report.--Not later than 180 days
after the date of the enactment of this Act, the Deputy Secretary of
Defense shall submit to the congressional defense committee the proposal
required by subsection (a) and a timeline for establishing the Board.
SEC. 377. <<NOTE: Deadlines. 10 USC 2001 note prec.>>
IMPLEMENTATION OF COMPTROLLER GENERAL
RECOMMENDATIONS ON PREVENTING TACTICAL
VEHICLE TRAINING ACCIDENTS.
(a) Plan Required.--Not later than 180 days after the date of the
enactment of this Act, each Secretary concerned shall submit to the
congressional defense committees and to the Comptroller General of the
United States a plan to address the recommendations in the report of the
Government Accountability Office entitled
[[Page 135 STAT. 1669]]
``Army and Marine Corps Should Take Additional Actions to Mitigate and
Prevent Training Accidents'' (GAO-21-361). Each such plan shall include,
with respect to each recommendation in such report that the Secretary
concerned has implemented or intends to implement--
(1) <<NOTE: Summary.>> a summary of actions that have been
or will be taken to implement the recommendation; and
(2) <<NOTE: Schedule.>> a schedule, with specific
milestones, for completing implementation of the recommendation.
(b) Deadline for Implementation.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the date of the enactment of this
Act, each Secretary concerned shall carry out activities to
implement the plan of the Secretary developed under subsection
(a).
(2) Exception for implementation of certain
recommendations.--
(A) Delayed implementation.--A Secretary concerned
may initiate implementation of a recommendation in the
report referred to in subsection (a) after the date
specified in paragraph (1) if, on or before such date,
the Secretary provides to the congressional defense
committees a specific justification for the delay in
implementation of such recommendation.
(B) Nonimplementation.--A Secretary concerned may
decide not to implement a recommendation in the report
referred to in subsection (a) if, on or before the date
specified in paragraph (1), the Secretary provides to
the congressional defense committees--
(i) a specific justification for the decision
not to implement the recommendation; and
(ii) <<NOTE: Summary.>> a summary of
alternative actions the Secretary plans to take to
address the conditions underlying the
recommendation.
(c) <<NOTE: Definition.>> Secretary Concerned.--In this section,
the term ``Secretary concerned'' means--
(1) the Secretary of the Army, with respect to the Army; and
(2) the Secretary of the Navy, with respect to the Navy.
SEC. 378. <<NOTE: Deadlines. 10 USC 113 note.>> REQUIREMENTS
RELATING TO EMISSIONS CONTROL TACTICS,
TECHNIQUES, AND PROCEDURES.
(a) Review.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall conduct a review of current
electromagnetic spectrum emissions control tactics, techniques, and
procedures across the joint force.
(b) <<NOTE: Updates.>> Requirements.--Not later than 60 days after
completing the review under subsection (a), the Secretary of Defense
shall direct each Secretary of a military department to update or
establish, as applicable, standard tactics, techniques, and procedures,
including down to the operational level, pertaining to emissions control
discipline during all phases of operations.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the implementation status of the tactics, techniques, and procedures
updated or established, as
[[Page 135 STAT. 1670]]
applicable, under subsection (b) by each of the military departments,
including--
(1) incorporation into doctrine of the military departments;
(2) integration into training of the military departments;
and
(3) efforts to coordinate with the militaries of partner
countries and allies to develop similar standards and associated
protocols, including through the use of working groups.
SEC. 379. MANAGEMENT OF FATIGUE AMONG CREW OF NAVAL SURFACE SHIPS
AND RELATED IMPROVEMENTS.
(a) <<NOTE: 10 USC 8605 note.>> Requirement.--The Secretary of the
Navy shall implement each recommendation for executive action set forth
in the report of the Government Accountability Office titled ``Navy
Readiness: Additional Efforts Are Needed to Manage Fatigue, Reduce
Crewing Shortfalls, and Implement Training'' (GAO-21-366).
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of the Navy shall submit to the congressional
defense committees and the Comptroller General a report on the status of
actions taken by the Secretary to monitor crew fatigue and ensure
equitable fatigue management throughout the naval surface ship fleet in
accordance with subsection (a). Such report shall include the following:
(1) <<NOTE: Assessment.>> An assessment of the extent of
crew fatigue throughout the naval surface ship fleet.
(2) A description of the metrics used to assess the extent
of fatigue pursuant to paragraph (1).
(3) An identification of results-oriented goals for
effective fatigue management.
(4) <<NOTE: Timeframes.>> An identification of timeframes
for achieving the goals identified pursuant to paragraph (3).
(c) <<NOTE: Deadline.>> Comptroller General Briefing.--Not later
than 90 days after the date on which the Comptroller General receives
the report under subsection (b), the Comptroller General shall provide
to the congressional defense committees a briefing on the extent to
which the actions and goals described in the report meet the
requirements of subsection (a).
SEC. 380. <<NOTE: 10 USC 4001 note.>> AUTHORITY FOR ACTIVITIES TO
IMPROVE NEXT GENERATION RADAR SYSTEMS
CAPABILITIES.
(a) Authority.--The Secretary of Defense may undertake activities to
enhance future radar systems capabilities, including the following:
(1) Designating specific industry, academic, government, or
public-private partnership entities to provide expertise in the
repair, sustainment, and support of radar systems to meet
current and future defense requirements, as appropriate.
(2) Facilitating collaboration among academia, the Federal
Government, the defense industry, and the commercial sector,
including with respect to radar system repair and sustainment
activities.
(3) Establishing advanced research and workforce training
and educational programs to enhance future radar systems
capabilities.
(4) Establishing goals for research in areas of study
relevant to advancing technology and facilitating better
understanding of radar systems in defense systems and
operational activities, including continuing education and
training goals.
[[Page 135 STAT. 1671]]
(5) Increasing communications and personnel exchanges with
radar systems experts in industry to support adoption of state-
of-the-art technologies and operational practices, especially to
support meeting future defense needs related to radar systems in
autonomous systems.
(6) Establishing agreements with one or more institutions of
higher education or other organizations in academia or industry
to provide for activities authorized under this section.
(7) Partnering with nonprofit institutions and private
industry with expertise in radar systems to support activities
authorized under this section.
(8) Establishing research centers and facilities, including
centers of excellence, as appropriate to support activities
authorized under this section, especially to promote
partnerships between government, industry, and academia.
(b) Institution of Higher Education Defined.--The term ``institution
of higher education'' has the meaning given that term in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001).
SEC. 381. <<NOTE: 10 USC 3062 note.>> PILOT PROGRAM ON MILITARY
WORKING DOG AND EXPLOSIVES DETECTION
CANINE HEALTH AND EXCELLENCE.
(a) <<NOTE: Deadline.>> Pilot Program.--Not later than September
31, 2022, the Secretary of Defense shall carry out a pilot program to
ensure the health and excellence of explosives detection military
working dogs. <<NOTE: Consultation.>> Under such pilot program, the
Secretary shall consult with domestic breeders of working dog lines,
covered institutions of higher education, and covered national domestic
canine associations, to--
(1) facilitate the presentation, both in a central location
and at regional field evaluations in the United States, of
domestically-bred explosives detection military working dogs for
assessment for procurement by the Department of Defense, at a
rate of at least 250 canines presented per fiscal year;
(2) facilitate the delivery and communication to domestic
breeders, covered institutions of higher education, and covered
national domestic canine associations, of information
regarding--
(A) any specific needs or requirements for the
future acquisition by the Department of explosives
detection military working dogs; and
(B) any factors identified as relevant to the
success or failure of explosives detection military
working dogs presented for assessment pursuant to this
section;
(3) collect information on the biological and health factors
of explosives detection military working dogs procured by the
Department, and make such information available for academic
research and to domestic breeders;
(4) collect and make available genetic and phenotypic
information, including canine rearing and training data for
study by domestic breeders and covered institutions of higher
education, for the further development of working canines that
are bred, raised, and trained domestically; and
(5) <<NOTE: Evaluation.>> evaluate current Department
guidance for the procurement of military working dogs to ensure
that pricing structures and procurement requirements for foreign
and domestic canine
[[Page 135 STAT. 1672]]
procurements accurately account for input cost differences
between foreign and domestic canines.
(b) Termination.--The authority to carry out the pilot program under
subsection (a) shall terminate on October 1, 2024.
(c) Definitions.--In this section:
(1) The term ``covered institution of higher education''
means an institution of higher education, as such term is
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001), with demonstrated expertise in veterinary medicine
for working canines.
(2) The term ``covered national domestic canine
association'' means a national domestic canine association with
demonstrated expertise in the breeding and pedigree of working
canine lines.
(3) The term ``explosives detection military working dog''
means a canine that, in connection with the work duties of the
canine performed for the Department of Defense, is certified and
trained to detect odors indicating the presence of explosives in
a given object or area, in addition to the performance of such
other duties for the Department as may be assigned.
SEC. 382. <<NOTE: 10 USC 113 note.>> DEPARTMENT OF DEFENSE
RESPONSE TO MILITARY LAZING INCIDENTS.
(a) Investigation Into Lazing of Military Aircraft.--
(1) <<NOTE: Time period.>> Investigation required.--The
Secretary of Defense shall conduct a formal investigation into
all incidents of lazing of military aircraft that occurred
during fiscal year 2021. <<NOTE: Coordination. Collaboration.>>
The Secretary shall carry out such investigation in coordination
and collaboration with appropriate non-Department of Defense
entities.
(2) Report to congress.--Not later than March 31, 2022, the
Secretary shall submit to the congressional defense committees a
report on the findings of the investigation conducted pursuant
to paragraph (1).
(b) <<NOTE: Memorandum.>> Information Sharing.--The Secretary shall
seek to increase information sharing between the Department of Defense
and the States with respect to incidents of lazing of military aircraft,
including by entering into memoranda of understanding with State law
enforcement agencies on information sharing in connection with such
incidents to provide for procedures for closer cooperation with local
law enforcement in responding to such incidents as soon as they are
reported.
(c) Data Collection and Tracking.--The Secretary shall collect such
data as may be necessary to track the correlation between noise
complaints and incidents of military aircraft lazing.
(d) Operating Procedures.--The Secretary shall give consideration to
adapting local operating procedures in areas with high incidence of
military aircraft lazing incidents to reduce potential injury to
aircrew.
(e) Eye Protection.--The Secretary shall examine the availability of
commercial off-the-shelf laser eye protection equipment that protects
against the most commonly available green light lasers that are
available to the public. <<NOTE: Determination. Research and
development.>> If the Secretary determines that no such laser eye
protection equipment is available, the Secretary shall conduct research
and develop such equipment.
[[Page 135 STAT. 1673]]
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 415. Accounting of reserve component members performing active duty
or full-time National Guard duty towards authorized end
strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2022, as follows:
(1) The Army, 485,000.
(2) The Navy, 346,920.
(3) The Marine Corps, 178,500.
(4) The Air Force, 329,220.
(5) The Space Force, 8,400.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (5) and inserting the following new
paragraphs:
``(1) For the Army, 485,000.
``(2) For the Navy, 346,920.
``(3) For the Marine Corps, 178,500.
``(4) For the Air Force, 329,220.
``(5) For the Space Force, 8,400.''.
SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END STRENGTH.
(a) <<NOTE: Determination.>> In General.--Notwithstanding section
115(g) of title 10, United States Code, upon determination by the
Secretary of the Air Force that such action would enhance manning and
readiness in essential units or in critical specialties, the Secretary
may vary the end strength authorized by Congress for each fiscal year as
follows:
(1) Increase the end strength authorized pursuant to section
115(a)(1)(A) for a fiscal year for the Space Force by a number
equal to not more than 5 percent of such authorized end
strength.
(2) Decrease the end strength authorized pursuant to section
115(a)(1)(A) for a fiscal year for the Space Force by a number
equal to not more than 10 percent of such authorized end
strength.
[[Page 135 STAT. 1674]]
(b) Termination.--The authority provided under subsection (a) shall
terminate on December 31, 2022.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
2022, as follows:
(1) The Army National Guard of the United States, 336,000.
(2) The Army Reserve, 189,500.
(3) The Navy Reserve, 58,600.
(4) The Marine Corps Reserve, 36,800.
(5) The Air National Guard of the United States, 108,300.
(6) The Air Force Reserve, 70,300.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent
at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members of
the Selected Reserve of any reserve component are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2022,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,293.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) In General.--The minimum authorized number of military
technicians (dual status) as of the last day of fiscal year 2022
[[Page 135 STAT. 1675]]
for the reserve components of the Army and the Air Force
(notwithstanding section 129 of title 10, United States Code) shall be
the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 10,994.
(4) For the Air Force Reserve, 7,111.
(b) Limitation on Number of Temporary Military Technicians (dual
Status).--The number of temporary military technicians (dual-status)
employed under the authority of subsection (a) may not exceed 25 percent
of the total authorized number specified in such subsection.
(c) Limitation.--Under no circumstances may a military technician
(dual status) employed under the authority of this section be coerced by
a State into accepting an offer of realignment or conversion to any
other military status, including as a member of the Active Guard and
Reserve program of a reserve component. If a military technician (dual
status) declines to participate in such realignment or conversion, no
further action will be taken against the individual or the individual's
position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2022, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time on
full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 415. ACCOUNTING OF RESERVE COMPONENT MEMBERS PERFORMING
ACTIVE DUTY OR FULL-TIME NATIONAL GUARD
DUTY TOWARDS AUTHORIZED END STRENGTHS.
Section 115(b)(2)(B) of title 10, United States Code, is amended by
striking ``1095 days in the previous 1460 days'' and inserting ``1825
days in the previous 2190 days''.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal year 2022 for the use of the Armed Forces and
other activities and agencies of the Department of Defense for expenses,
not otherwise provided for, for military personnel, as specified in the
funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in the subsection (a) supersedes any other authorization
of appropriations (definite or indefinite) for such purpose for fiscal
year 2022.
[[Page 135 STAT. 1676]]
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A-- Officer Personnel Policy
Sec. 501. Authority with respect to authorized strengths for general and
flag officers within the Armed Forces for emerging
requirements.
Sec. 502. Time in grade requirements.
Sec. 503. Authority to vary number of Space Force officers considered
for promotion to major general.
Sec. 504. Seaman to Admiral-21 program: credit towards retirement.
Sec. 505. Independent assessment of retention of female surface warfare
officers.
Sec. 506. Reports on Air Force personnel performing duties of a Nuclear
and Missile Operations Officer (13N).
Subtitle B--Reserve Component Management
Sec. 511. Modification of grant program supporting science, technology,
engineering, and math education in the Junior Reserve
Officers' Training Corps to include quantum information
sciences.
Sec. 512. Prohibition on private funding for interstate deployment of
National Guard.
Sec. 513. Access to Tour of Duty system.
Sec. 514. Implementation of certain recommendations regarding use of
unmanned aircraft systems by the National Guard.
Sec. 515. Continued National Guard support for FireGuard program.
Sec. 516. Enhancement of National Guard Youth Challenge Program.
Sec. 517. Report on methods to enhance support from the reserve
components in response to catastrophic incidents.
Sec. 518. Study on reapportionment of National Guard force structure
based on domestic responses.
Sec. 519. Briefing on Junior Reserve Officers' Training Corps program.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Reduction in service commitment required for participation in
career intermission program of a military department.
Sec. 522. Improvements to military accessions in Armed Forces under the
jurisdiction of the Secretaries of the military departments.
Sec. 523. Notice program relating to options for naturalization.
Sec. 524. Appeals to Physical Evaluation Board determinations of fitness
for duty.
Sec. 525. Command oversight of military privatized housing as element of
performance evaluations.
Sec. 526. Feasibility study on establishment of housing history for
members of the Armed Forces who reside in housing provided by
the United States.
Sec. 527. Enhancements to national mobilization exercises.
Sec. 528. Temporary exemption from end strength grade restrictions for
the Space Force.
Sec. 529. Report on exemptions and deferments for a possible military
draft.
Sec. 529A. Report on processes and procedures for appeal of denial of
status or benefits for failure to register for Selective
Service.
Sec. 529B. Study and report on administrative separation boards.
Subtitle D--Military Justice Reform
Part 1--Special Trial Counsel
Sec. 531. Special trial counsel.
Sec. 532. Policies with respect to special trial counsel.
Sec. 533. Definition of military magistrate, covered offense, and
special trial counsel.
Sec. 534. Clarification relating to who may convene courts-martial.
Sec. 535. Detail of trial counsel.
Sec. 536. Preliminary hearing.
Sec. 537. Advice to convening authority before referral for trial.
Sec. 538. Former jeopardy.
Sec. 539. Plea agreements.
Sec. 539A. Determinations of impracticability of rehearing.
Sec. 539B. Applicability to the United States Coast Guard.
Sec. 539C. Effective date.
Part 2--Sexual Harassment; Sentencing Reform
Sec. 539D. Inclusion of sexual harassment as general punitive article.
[[Page 135 STAT. 1677]]
Sec. 539E. Sentencing reform.
Part 3--Reports and Other Matters
Sec. 539F. Briefing and report on resourcing required for
implementation.
Sec. 539G. Briefing on implementation of certain recommendations of the
Independent Review Commission on Sexual Assault in the
Military.
Subtitle E--Other Military Justice and Legal Matters
Sec. 541. Rights of the victim of an offense under the Uniform Code of
Military Justice.
Sec. 542. Conduct unbecoming an officer.
Sec. 543. Independent investigation of complaints of sexual harassment.
Sec. 544. Department of Defense tracking of allegations of retaliation
by victims of sexual assault or sexual harassment and related
persons.
Sec. 545. Modification of notice to victims of pendency of further
administrative action following a determination not to refer
to trial by court-martial.
Sec. 546. Civilian positions to support Special Victims' Counsel.
Sec. 547. Plans for uniform document management system, tracking
pretrial information, and assessing changes in law.
Sec. 548. Determination and reporting of members missing, absent
unknown, absent without leave, and duty status-whereabouts
unknown.
Sec. 549. Activities to improve family violence prevention and response.
Sec. 549A. Annual primary prevention research agenda.
Sec. 549B. Primary prevention workforce.
Sec. 549C. Reform and improvement of military criminal investigative
organizations.
Sec. 549D. Military defense counsel.
Sec. 549E. Full functionality of Military Justice Review Panel.
Sec. 549F. Military service independent racial disparity review.
Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual
assaults; reporting on racial and ethnic demographics in the
military justice system.
Sec. 549H. DoD Safe Helpline authorization to perform intake of official
restricted and unrestricted reports for eligible adult sexual
assault victims.
Sec. 549I. Extension of annual report regarding sexual assaults
involving members of the Armed Forces.
Sec. 549J. Study and report on Sexual Assault Response Coordinator
military occupational specialty.
Sec. 549K. Amendments to additional Deputy Inspector General of the
Department of Defense.
Sec. 549L. Improved Department of Defense prevention of, and response
to, bullying in the Armed Forces.
Sec. 549M. Recommendations on separate punitive article in the Uniform
Code of Military Justice on violent extremism.
Sec. 549N. Combating foreign malign influence.
Subtitle F--Member Education, Training, and Transition
Sec. 551. Troops-to-Teachers Program.
Sec. 552. Codification of human relations training for certain members
of the Armed Forces.
Sec. 553. Allocation of authority for nominations to the military
service academies in the event of the death, resignation, or
expulsion from office of a Member of Congress.
Sec. 554. Authority of President to appoint successors to members of
Board of Visitors of military academies whose terms have
expired.
Sec. 555. Meetings of the Board of Visitors of a military service
academy: votes required to call; held in person or remotely.
Sec. 556. Defense Language Institute Foreign Language Center.
Sec. 557. United States Naval Community College.
Sec. 558. Codification of establishment of United States Air Force
Institute of Technology.
Sec. 559. Concurrent use of Department of Defense Tuition Assistance and
Montgomery GI Bill-Selected Reserve benefits.
Sec. 559A. Regulations on certain parental guardianship rights of cadets
and midshipmen.
Sec. 559B. Defense language continuing education program.
Sec. 559C. Prohibition on implementation by United States Air Force
Academy of civilian faculty tenure system.
Sec. 559D. Professional military education: report; definition.
Sec. 559E. Report on training and education of members of the Armed
Forces regarding social reform and unhealthy behaviors.
[[Page 135 STAT. 1678]]
Sec. 559F. Report on status of Army Tuition Assistance Program Army
IgnitED program.
Sec. 559G. Briefing on cadets and midshipmen with speech disorders.
Subtitle G--Military Family Readiness and Dependents' Education
Sec. 561. Expansion of support programs for special operations forces
personnel and immediate family members.
Sec. 562. Improvements to the Exceptional Family Member Program.
Sec. 563. Certain assistance to local educational agencies that benefit
dependents of military and civilian personnel.
Sec. 564. Pilot program to establish employment fellowship opportunities
for military spouses.
Sec. 565. Policy regarding remote military installations.
Sec. 566. Implementation of GAO recommendation on improved communication
of best practices to engage military spouses with career
assistance resources.
Sec. 567. Study on employment of military spouses.
Sec. 568. Briefing on efforts of commanders of military installations to
connect military families with local entities that provide
services to military families.
Sec. 569. Briefing on process to certify reporting of eligible federally
connected children for purposes of Federal impact aid
programs.
Sec. 569A. Briefing on legal services for families enrolled in the
Exceptional Family Member Program.
Sec. 569B. GAO review of Preservation of the Force and Family Program of
United States Special Operations Command: briefing; report.
Subtitle H--Diversity and Inclusion
Sec. 571. Reduction of gender-related inequities in costs of uniforms to
members of the Armed Forces.
Sec. 572. Study on number of members of the Armed Forces who identify as
Hispanic or Latino.
Sec. 573. Inclusion of military service academies, Officer Candidate and
Training Schools, and the Senior Reserve Officers' Training
Corps data in diversity and inclusion reporting.
Sec. 574. Extension of deadline for GAO report on equal opportunity at
the military service academies.
Subtitle I--Decorations and Awards, Miscellaneous Reports, and Other
Matters
Sec. 581. Modified deadline for establishment of special purpose adjunct
to Armed Services Vocational Aptitude Battery test.
Sec. 582. Authorizations for certain awards.
Sec. 583. Establishment of the Atomic Veterans Commemorative Service
Medal.
Sec. 584. Updates and preservation of memorials to chaplains at
Arlington National Cemetery.
Sec. 585. Reports on security force personnel performing protection
level one duties.
Sec. 586. GAO study on tattoo policies of the Armed Forces.
Sec. 587. Briefing regarding best practices for community engagement in
Hawaii.
Subtitle A-- Officer Personnel Policy
SEC. 501. AUTHORITY WITH RESPECT TO AUTHORIZED STRENGTHS FOR
GENERAL AND FLAG OFFICERS WITHIN THE ARMED
FORCES FOR EMERGING REQUIREMENTS.
(a) Authority on and Before December 31, 2022.--Section 526 of title
10, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Transfer of Authorizations Among the Military Services.--
(1) <<NOTE: President. Appointments.>> The Secretary of Defense may
increase the maximum number of brigadier generals or major generals in
the Army, Air Force, Marine Corps, or Space Force, or rear admirals
(lower half) or rear admirals in the Navy, allowed under subsection (a)
and section 525 of this title, and the President may appoint officers
[[Page 135 STAT. 1679]]
in the equivalent grades equal to the number increased by the Secretary
of Defense, if each appointment is made in conjunction with an
offsetting reduction under paragraph (2).
``(2) For each increase and appointment made under the authority of
paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space
Force, the number of appointments that may be made in the equivalent
grade in one of the other armed forces (other than the Coast Guard)
shall be reduced by one. When such an increase and appointment is made,
the Secretary of Defense shall specify the armed force in which the
reduction required by this paragraph is to be made.
``(3) The total number of general officers and flag officers
increased under paragraph (1), combined with the total number of general
officers and flag officers increased under section 526a(i)(1) of this
title, may not exceed 15 at any one time.
``(4) <<NOTE: Effective date. Time period. Notice.>> The Secretary
may not increase the maximum number of general officers or flag officers
under paragraph (1) until the date that is 30 days after the date on
which the Secretary provides, to the Committees on Armed Services of the
Senate and the House of Representatives, written notice of--
``(A) such increase; and
``(B) each offsetting reduction under paragraph (2),
specifying the armed force and billet so reduced.''.
(b) Authority After December 31, 2022.--Section 526a of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(i) Transfer of Authorizations Among the Military Services.--
(1) <<NOTE: President. Appointments.>> The Secretary of Defense may
increase the maximum number of brigadier generals or major generals in
the Army, Air Force, Marine Corps, or Space Force, or rear admirals
(lower half) or rear admirals in the Navy, allowed under subsection (a)
and section 525 of this title and the President may appoint officers in
the equivalent grades equal to the number increased by the Secretary of
Defense if each appointment is made in conjunction with an offsetting
reduction under paragraph (2).
``(2) For each increase and appointment made under the authority of
paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space
Force, the number of appointments that may be made in the equivalent
grade in one of the other armed forces (other than the Coast Guard)
shall be reduced by one. When such an increase and appointment is made,
the Secretary of Defense shall specify the armed force in which the
reduction required by this paragraph is to be made.
``(3) The total number of general officers and flag officers
increased under paragraph (1), combined with the total number of general
officers and flag officers increased under section 526(k)(1) of this
title, may not exceed 15 at any one time.
``(4) <<NOTE: Effective date. Time period. Notice.>> The Secretary
may not increase the maximum number of general officers or flag officers
under paragraph (1) until the date that is 30 days after the date on
which the Secretary provides, to the Committees on Armed Services of the
Senate and the House of Representatives, written notice of--
``(A) such increase; and
``(B) each offsetting reduction under paragraph (2),
specifying the armed force and billet so reduced.''.
[[Page 135 STAT. 1680]]
SEC. 502. TIME IN GRADE REQUIREMENTS.
Section 619(a) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``paragraph (4)'' and
inserting ``paragraph (5)'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) When the needs of the service require, the Secretary of the
military department concerned may prescribe a shorter period of service
in grade, but not less than two years, for eligibility for consideration
for promotion, in the case of officers designated for limited duty to
whom paragraph (2) applies.''.
SEC. 503. AUTHORITY TO VARY NUMBER OF SPACE FORCE OFFICERS
CONSIDERED FOR PROMOTION TO MAJOR GENERAL.
(a) In General.--Notwithstanding section 616(d) of title 10, United
States Code, the number of officers recommended for promotion by a
selection board convened by the Secretary of the Air Force under section
611(a) of title 10, United States Code, to consider officers on the
Space Force active duty list for promotion to major general may not
exceed the number equal to 95 percent of the total number of brigadier
generals eligible for consideration by the board.
(b) Termination.--The authority provided under subsection (a) shall
terminate on December 31, 2022.
SEC. 504. SEAMAN TO ADMIRAL-21 PROGRAM: CREDIT TOWARDS RETIREMENT.
(a) <<NOTE: Time period.>> Credit.--For each participant in the
Seaman to Admiral-21 program during fiscal years 2010 through 2014 for
whom the Secretary of the Navy cannot find evidence of an acknowledgment
that, before entering a baccalaureate degree program, service during the
baccalaureate degree program would not be included when computing years
of service for retirement, the Secretary shall include service during
the baccalaureate degree program when computing--
(1) years of service; and
(2) retired or retainer pay.
(b) Report Required.--The Secretary shall submit a report to the
Committees on Armed Services of the Senate and House of Representatives
regarding the number of participants credited with service under
subsection (a).
(c) Deadline.--The Secretary shall carry out this section not later
than 180 days after the date of the enactment of this Act.
SEC. 505. INDEPENDENT ASSESSMENT OF RETENTION OF FEMALE SURFACE
WARFARE OFFICERS.
(a) <<NOTE: Contracts. Analysis.>> In General.--The Secretary of
Defense shall seek to enter into an agreement with a nonprofit entity or
a federally funded research and development center independent of the
Department of Defense to conduct research and analysis on the gender gap
in retention of surface warfare officers in the Navy.
(b) Elements.--The research and analysis conducted under subsection
(a) shall include consideration of the following:
(1) Demographics of surface warfare officers, disaggregated
by gender, including--
(A) race;
[[Page 135 STAT. 1681]]
(B) ethnicity;
(C) socioeconomic status;
(D) marital status (including whether the spouse is
a member of the Armed Forces and, if so, the length of
service of such spouse);
(E) whether the officer has children (including
number and age or ages of children);
(F) whether an immediate family member serves or has
served as a member of the Armed Forces; and
(G) the percentage of such officers who--
(i) indicate an intent to complete only an
initial service agreement; and
(ii) complete only an initial service
agreement.
(2) Whether there is a correlation between the number of
female surface warfare officers serving on a vessel and
responses of such officers to command climate surveys.
(3) <<NOTE: Study.>> An anonymous but traceable study of
command climate results to--
(A) correlate responses from particular female
surface warfare officers with resignation; and
(B) compare attitudes of first-tour and second-tour
female surface warfare officers.
(4) <<NOTE: Recommenda- tions.>> Recommendations based on
the findings under paragraphs (1), (2), and (3).
(c) Reports.--
(1) In general.--Not later than 270 days after the date on
which a nonprofit entity or federally funded research and
development center enters into an agreement under subsection (a)
with the Secretary of Defense, such entity or center shall
submit to the Secretary of Defense a report on the results of
the research and analysis under subsection (a).
(2) Submission to congress.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees each of the
following:
(A) <<NOTE: Records.>> A copy of the report
submitted under paragraph (1) without change.
(B) <<NOTE: Recommenda- tions.>> Any comments,
changes, recommendations, or other information provided
by the Secretary of Defense relating to the research and
analysis under subsection (a) and contained in such
report.
SEC. 506. REPORTS ON AIR FORCE PERSONNEL PERFORMING DUTIES OF A
NUCLEAR AND MISSILE OPERATIONS OFFICER
(13N).
(a) In General.--The Secretary of the Air Force shall submit to the
congressional defense committees a report on personnel performing the
duties of a Nuclear and Missile Operations Officer (13N)--
(1) not later than 90 days after the date of the enactment
of this Act; and
(2) concurrent with the submission to Congress of the budget
of the President for each of fiscal years 2023 through 2027
pursuant to section 1105(a) of title 31, United States Code.
(b) Elements.--Each report required by subsection (a) shall include
the following:
[[Page 135 STAT. 1682]]
(1) The number of Nuclear and Missile Operations Officers
commissioned, by commissioning source, during the most recent
fiscal year that ended before submission of the report.
(2) A description of the rank structure and number of such
officers by intercontinental ballistic missile operational group
during that fiscal year.
(3) <<NOTE: Assessment.>> The retention rate of such
officers by intercontinental ballistic missile operational group
during that fiscal year and an assessment of reasons for any
loss in retention of such officers.
(4) A description of the rank structure and number of
officers by intercontinental ballistic missile operational group
performing alert duties by month during that fiscal year.
(5) A description of the structure of incentive pay for
officers performing 13N duties during that fiscal year.
(6) <<NOTE: Plan. Time period.>> A personnel manning plan
for managing officers performing alert duties during the period
of five fiscal years after submission of the report.
(7) A description of methods, with metrics, to manage the
transition of Nuclear and Missile Operations Officers, by
intercontinental ballistic missile operational group, to other
career fields in the Air Force.
(8) <<NOTE: Time period.>> Such other matters as the
Secretary considers appropriate to inform the congressional
defense committees with respect to the 13N career field during
the period of five to ten fiscal years after submission of the
report.
Subtitle B--Reserve Component Management
SEC. 511. MODIFICATION OF GRANT PROGRAM SUPPORTING SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATH
EDUCATION IN THE JUNIOR RESERVE OFFICERS'
TRAINING CORPS TO INCLUDE QUANTUM
INFORMATION SCIENCES.
Section 2036(g)(2) of title 10, United States Code, is amended--
(1) by redesignating subparagraphs (J) through (M) as
subparagraphs (K) through (N), respectively; and
(2) by inserting after subparagraph (I) the following new
subparagraph:
``(J) quantum information sciences;''.
SEC. 512. PROHIBITION ON PRIVATE FUNDING FOR INTERSTATE DEPLOYMENT
OF NATIONAL GUARD.
(a) Prohibition.--Chapter 3 of title 32, United States Code, is
amended by adding at the end the following new section:
``Sec. 329. <<NOTE: 32 USC 329.>> Prohibition on private funding
for interstate deployment
``A member of the National Guard may not be ordered to cross a
border of a State to perform duty (under this title or title 10) if such
duty is paid for with private funds, unless such duty is in response to
a major disaster or emergency under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170).''.
[[Page 135 STAT. 1683]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter <<NOTE: 32 USC 301 prec.>> is amended by adding at the end
the following new item:
``329. Prohibition on private funding for interstate deployment.''.
SEC. 513. <<NOTE: 10 USC 7013 note.>> ACCESS TO TOUR OF DUTY
SYSTEM.
(a) Access.--
(1) <<NOTE: Deadline.>> In general.--Not later than one
year after the date of the enactment of this Act, the Secretary
of the Army shall ensure, subject to paragraph (2), that a
member of the reserve components of the Army may access the Tour
of Duty system using a personal internet-enabled device.
(2) <<NOTE: Determination.>> Exception.--The Secretary of
the Army may restrict access to the Tour of Duty system on
personal internet-enabled devices if the Secretary determines
such restriction is necessary to ensure the security and
integrity of information systems and data of the United States.
(b) Tour of Duty System Defined.--In this Act, the term ``Tour of
Duty system'' means the online system of listings for opportunities to
serve on active duty for members of the reserve components of the Army
and through which such a member may apply for such an opportunity, known
as ``Tour of Duty'', or any successor to such system.
SEC. 514. <<NOTE: Deadline. 32 USC 901 note.>> IMPLEMENTATION OF
CERTAIN RECOMMENDATIONS REGARDING USE OF
UNMANNED AIRCRAFT SYSTEMS BY THE NATIONAL
GUARD.
Not later than September 30, 2022, the Secretary of Defense shall
implement recommendations of the Secretary described in section
519C(a)(2) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
SEC. 515. <<NOTE: Termination date. Analysis. Assessment.>>
CONTINUED NATIONAL GUARD SUPPORT FOR
FIREGUARD PROGRAM.
Until September 30, 2026, the Secretary of Defense shall continue to
support the FireGuard program with personnel of the California National
Guard to aggregate, analyze, and assess multi-source remote sensing
information for interagency partnerships in the initial detection and
monitoring of wildfires.
SEC. 516. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
(a) <<NOTE: Time period.>> Authority.--During fiscal year 2022, the
Secretary of Defense may provide assistance to a National Guard Youth
Challenge Program of a State--
(1) in addition to assistance under subsection (d) of
section 509 of title 32, United States Code;
(2) that is not subject to the matching requirement under
such subsection; and
(3) for--
(A) new program start-up costs; or
(B) a workforce development program.
(b) Limitations.--
(1) Matching.--The Secretary may not provide additional
assistance under this section to a State that does not comply
with the fund matching requirement under such subsection
regarding assistance under such subsection.
[[Page 135 STAT. 1684]]
(2) Total assistance.--Total assistance under this section
to all States may not exceed $5,000,000 of the funds
appropriated for the National Guard Youth Challenge Program for
fiscal year 2022.
(c) Reporting.--Any assistance provided under this section shall be
included in the annual report under subsection (k) of section 509 of
such title.
SEC. 517. REPORT ON METHODS TO ENHANCE SUPPORT FROM THE RESERVE
COMPONENTS IN RESPONSE TO CATASTROPHIC
INCIDENTS.
(a) <<NOTE: Consultation. Coordination.>> In General.--Not later
than 180 days after the date of the enactment of this Act, the Secretary
of Defense, in consultation and coordination with the Federal Emergency
Management Agency, the National Security Council, the Council of
Governors, and the National Governors Association, shall submit to the
appropriate congressional committees a report that includes--
(1) <<NOTE: Examination.>> a detailed examination of the
policy framework for the reserve components, consistent with
existing authorities, to provide support to other Federal
agencies in response to catastrophic incidents;
(2) identify major statutory or policy impediments to such
support; and
(3) <<NOTE: Recommenda- tions.>> recommendations for
legislation as appropriate.
(b) <<NOTE: Plans.>> Contents.--The report submitted under this
section shall include a description of--
(1) <<NOTE: Assessment. Consultation.>> the assessment of
the Secretary, informed by consultation with the Federal
Emergency Management Agency, the National Security Council, the
Council of Governors, and the National Governors Association,
regarding--
(A) the sufficiency of current authorities for the
reimbursement of reserve component personnel during
catastrophic incidents under title 10 and title 32,
United States Code; and
(B) specifically whether reimbursement authorities
are sufficient to ensure that military training and
readiness are not degraded to fund disaster response, or
use of such authorities degrades the effectiveness of
the Disaster Relief Fund;
(2) <<NOTE: Recommenda- tions.>> the plan of the Secretary
to ensure there is parallel and consistent policy in the
application of the authorities granted under section 12304a of
title 10, United States Code, and section 502(f) of title 32,
United States Code, including--
(A) a description of the disparities between
benefits and protections under Federal law versus State
active duty;
(B) recommended solutions to achieve parity at the
Federal level; and
(C) recommended changes at the State level, if
appropriate;
(3) the plan of the Secretary to ensure there is parity of
benefits and protections for members of the Armed Forces
employed as part of the response to catastrophic incidents under
title 32 or title 10, United States Code, and recommendations
for addressing shortfalls; and
(4) <<NOTE: Review. Assessment.>> a review, by the Federal
Emergency Management Agency, of the current policy for, and an
assessment of the sufficiency of, reimbursement authority for
the use of the
[[Page 135 STAT. 1685]]
reserve components, both to the Department of Defense and to the
States, during catastrophic incidents, including any policy and
legal limitations, and cost assessment impact on Federal
funding.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees;
(B) The Committee on Homeland Security of the House
of Representatives.
(C) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(D) The Committee on Transportation and
Infrastructure of the House of Representatives.
(E) The Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``catastrophic incident'' has the meaning given
that term in section 501 of the Homeland Security Act of 2002
(Public Law 107-296; 6 U.S.C. 311).
SEC. 518. STUDY ON REAPPORTIONMENT OF NATIONAL GUARD FORCE
STRUCTURE BASED ON DOMESTIC RESPONSES.
(a) Study.--The Secretary of Defense shall conduct a study to
determine whether to reapportion the current force structure of the
National Guard based on wartime and domestic response
requirements. <<NOTE: Assessments.>> The study shall include the
following elements:
(1) An assessment of how domestic response missions affect
recruitment and retention of qualified personnel, especially in
States--
(A) with the lowest ratios of National Guard members
to the general population; and
(B) that are most prone to natural disasters.
(2) An assessment of how domestic response missions affect
the ability of the National Guard of a State to ability to
staff, equip, and ready a unit for its Federal missions.
(3) A comparison of the costs of a response to a domestic
incident in a State with--
(A) units of the National Guard of such State; and
(B) units of the National Guards of other States
pursuant to an emergency management assistance compact.
(4) Based on the recommendations in the 2021 report of the
National Guard Bureau titled ``Impact of U.S. Population Trends
on National Guard Force Structure'', an assessment of--
(A) challenges to recruiting members of the National
Guard;
(B) allocating mission sets to other geographic
regions;
(C) the ability to track and respond to domestic
migration trends in order to establish a baseline for
force structure requirements;
(D) the availability of training ranges for Federal
missions;
(E) the availability of transportation and other
support infrastructure; and
(F) the cost of operation in each State.
(5) In light of the limited authority of the President under
section 104(c) of title 32, United States Code, an assessment
[[Page 135 STAT. 1686]]
of whether the number of members of the National Guard is
sufficient to reapportion force structure to meet the
requirements of domestic responses and shifting populations.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
the results of the study under subsection (a).
(c) State Defined.--In this section, the term ``State'' includes the
various States and Territories, the Commonwealth of Puerto Rico, and the
District of Columbia.
SEC. 519. BRIEFING ON JUNIOR RESERVE OFFICERS' TRAINING CORPS
PROGRAM.
Not <<NOTE: Deadline.>> later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the status of the Junior Reserve Officers'
Training Corps programs of each Armed Force. The briefing shall
include--
(1) <<NOTE: Assessment.>> an assessment of the current
usage of the program, including the number of individuals
enrolled in the program, the demographic information of
individuals enrolled in the program, and the number of units
established under the program;
(2) a description of the efforts of the Armed Forces to meet
current enrollment targets for the program;
(3) an explanation of the reasons such enrollment targets
have not been met, if applicable;
(4) a description of any obstacles preventing the Armed
Forces from meeting such enrollment targets;
(5) a comparison of the potential benefits and drawbacks of
expanding the program; and
(6) a description of program-wide diversity and inclusion
recruitment and retention efforts.
Subtitle C--General Service Authorities and Military Records
SEC. 521. REDUCTION IN SERVICE COMMITMENT REQUIRED FOR
PARTICIPATION IN CAREER INTERMISSION
PROGRAM OF A MILITARY DEPARTMENT.
Section 710(c)(3) of title 10, United States Code, is amended by
striking ``two months'' and inserting ``one month''.
SEC. 522. <<NOTE: Deadlines. Determinations. 10 USC 501 note
prec.>> IMPROVEMENTS TO MILITARY
ACCESSIONS IN ARMED FORCES UNDER THE
JURISDICTION OF THE SECRETARIES OF THE
MILITARY DEPARTMENTS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall take the following
steps regarding military accessions in each Armed Force under the
jurisdiction of the Secretary of a military department:
(1) <<NOTE: Assessment.>> Assess the prescribed medical
standards for appointment as an officer, or enlistment as a
member, in such Armed Force.
(2) Determine how to update the medical screening processes
for appointment or enlistment.
[[Page 135 STAT. 1687]]
(3) Determine how to standardize operations across the
military entrance processing stations.
(4) Determine how to improve aptitude testing methods and
standardized testing requirements.
(5) Determine how to improve the waiver process for
individuals who do not meet medical standards for accession.
(6) <<NOTE: Data review. Time period.>> Determine, by
reviewing data from calendar years 2017 through 2021, whether
military accessions (including such accessions pursuant to
waivers) vary, by geographic region.
(7) <<NOTE: Data review. Time period.>> Determine, by
reviewing data from calendar years 2017 through 2021, whether
access to military health records has suppressed the number of
such military accessions, authorized Secretaries of the military
departments, by--
(A) children of members of such Armed Forces;
(B) retired members of such Armed Forces; or
(C) recently separated members of such Armed Forces.
(8) Implement improvements determined under paragraphs (1)
through (7).
(b) <<NOTE: Recommenda- tions.>> Briefing.--Not later than one year
after the date of the enactment of this Act, the Secretary shall brief
the Committees on Armed Services of the Senate and House of
Representatives on the results of carrying out this section and
recommendations regarding legislation the Secretary determines necessary
to improve such military accessions.
SEC. 523. NOTICE PROGRAM RELATING TO OPTIONS FOR NATURALIZATION.
(a) <<NOTE: Regulations. 10 USC 503 note.>> Upon Enlistment.--The
Secretary of each military department shall prescribe regulations that
ensure that a military recruit, who is not a citizen of the United
States, receives proper notice of options for naturalization under title
III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) Such
notice shall inform the recruit of existing programs or services that
may aid in the naturalization process of such recruit.
(b) <<NOTE: Coordination. 10 USC 1142 note.>> Upon Separation.--The
Secretary of Homeland Security, acting through the Director of U.S.
Citizenship and Immigration Services, and in coordination with the
Secretary of Defense, shall provide to a member of the Armed Forces who
is not a citizen of the United States, upon separation of such member,
notice of options for naturalization under title III of the Immigration
and Nationality Act (8 U.S.C. 1401 et seq.) Such notice shall inform the
member of existing programs or services that may aid in the
naturalization process of such member.
SEC. 524. <<NOTE: 10 USC 1071 note.>> APPEALS TO PHYSICAL
EVALUATION BOARD DETERMINATIONS OF FITNESS
FOR DUTY.
Not <<NOTE: Deadline. Timelines. Procedures.>> later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall incorporate a formal appeals process (including timelines
established by the Secretary of Defense) into the policies and
procedures applicable to the implementation of the Integrated Disability
Evaluation System of the Department of Defense. The appeals process
shall include the following:
(1) The Secretary concerned shall ensure that a member of
the Armed Forces may submit a formal appeal made with respect to
determinations of fitness for duty to a Physical Evaluation
Board of such Secretary.
[[Page 135 STAT. 1688]]
(2) <<NOTE: Hearings. Determination.>> The appeals process
shall include, at the request of such member, an impartial
hearing on a fitness for duty determination to be conducted by
the Secretary concerned.
(3) Such member shall have the option to be represented at a
hearing by legal counsel.
SEC. 525. <<NOTE: 10 USC 2871 note.>> COMMAND OVERSIGHT OF
MILITARY PRIVATIZED HOUSING AS ELEMENT OF
PERFORMANCE EVALUATIONS.
(a) <<NOTE: Assessment.>> Evaluations in General.--Each Secretary
of a military department shall ensure that the performance evaluations
of any individual described in subsection (b) under the jurisdiction of
such Secretary provides for an assessment of the extent to which such
individual has or has not exercised effective oversight and leadership
in the following:
(1) Improving conditions of privatized housing under
subchapter IV of chapter 169 of title 10, United States Code.
(2) Addressing concerns with respect to such housing of
members of the Armed Forces and their families who reside in
such housing on an installation of the military department
concerned.
(b) Covered Individuals.--The individuals described in this
subsection are as follows:
(1) The commander of an installation of a military
department at which on-installation housing is managed by a
landlord of privatized housing under subchapter IV of chapter
169 of title 10, United States Code.
(2) Each officer or senior enlisted member of the Armed
Forces at an installation described in paragraph (1) whose
duties include facilities or housing management at such
installation.
(3) Any other officer or enlisted member of the Armed Forces
(whether or not at an installation described in paragraph (1))
as specified by the Secretary of the military department
concerned for purposes of this section.
SEC. 526. <<NOTE: Records.>> FEASIBILITY STUDY ON ESTABLISHMENT
OF HOUSING HISTORY FOR MEMBERS OF THE
ARMED FORCES WHO RESIDE IN HOUSING
PROVIDED BY THE UNITED STATES.
(a) <<NOTE: Deadline.>> Study; Report.--Not later than September
30, 2022, the Secretary of Defense shall--
(1) conduct a feasibility study regarding the establishment
of a standard record of housing history for members of the Armed
Forces who reside in covered housing; and
(2) submit to the appropriate congressional committees a
report on the results of such study.
(b) Contents.--A record described in subsection (a) includes, with
regards to each period during which the member concerned resided in
covered housing, the following:
(1) <<NOTE: Assessment.>> The assessment of the commander
of the military installation in which such housing is located,
of the condition of such covered housing--
(A) prior to the beginning of such period; and
(B) in which the member concerned left such covered
housing upon vacating such covered housing.
(2) Contact information a housing provider may use to
inquire about such a record.
(c) Online Access.--A record described in subsection (a) would be
accessible through a website, maintained by the Secretary of
[[Page 135 STAT. 1689]]
the military department concerned, through which a member of the Armed
Forces under the jurisdiction of such Secretary may access such record
of such member.
(d) Issuance.--The Secretary concerned would issue a copy of a
described in subsection (a) to the member concerned upon the separation,
retirement, discharge, or dismissal of such member from the Armed
Forces, with the DD Form 214 for such member.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committee on Armed Services of the House of
Representatives.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Transportation and
Infrastructure of the House of Representatives.
(D) The Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``covered housing'' means housing provided by
the United States to a member of the Armed Forces.
SEC. 527. ENHANCEMENTS TO NATIONAL MOBILIZATION EXERCISES.
(a) Inclusion of Processes of Selective Service System.--Section
10208 of title 10, United States Code, is amended by adding at the end
the following new subsection:
``(c)(1) <<NOTE: Effective date. Time period. Reports.>> The
Secretary shall, beginning in the first fiscal year that begins after
the date of the enactment of this subsection, and every five years
thereafter, as part of the major mobilization exercise under subsection
(a), include the processes of the Selective Service System in
preparation for induction of personnel into the armed forces under the
Military Selective Service Act (50 U.S.C. 3801 et seq.), and submit to
Congress a report on the results of this exercise and evaluation. The
report may be submitted in classified form.
``(2) The exercise under this subsection--
``(A) <<NOTE: Review.>> shall include a review of national
mobilization strategic and operational concepts; and
``(B) <<NOTE: Plans.>> shall include a simulation of a
mobilization of all armed forces and reserve units, with plans
and processes for incorporating Selective Service System
inductees.''.
(b) Briefing; Report.--
(1) <<NOTE: Deadline.>> Briefing.--Not later than 180 days
after the date on which the Secretary of Defense conducts the
first mobilization exercise under section 10208 of title 10,
United States Code, after the date of the enactment of this Act,
the Secretary shall provide to the Committees of Armed Services
of the Senate and House of Representatives a briefing on--
(A) the status of the review and assessments
conducted pursuant to subsection (c) of such section, as
added by subsection (a); and
(B) <<NOTE: Recommenda- tions.>> any interim
recommendations of the Secretary.
(2) Report.--Not later than two years after the date on
which the Secretary conducts the first mobilization exercise as
described in paragraph (1), the Secretary shall submit to the
Committees of Armed Services of the Senate and House of
Representatives a report that contains the following:
(A) <<NOTE: Review.>> A review of national
mobilization strategic and operational concepts.
[[Page 135 STAT. 1690]]
(B) A simulation of a mobilization of all Armed
Forces and reserve units, with plans and processes for
incorporating Selective Service System inductees.
(C) <<NOTE: Assessment.>> An assessment of the
Selective Service system in the current organizational
form.
(D) <<NOTE: Assessment.>> An assessment of the
Selective Service System as a peace-time registration
system.
(E) <<NOTE: Recommenda- tions.>> Recommendations
with respect to the challenges, opportunities, cost, and
timelines regarding the assessments described in
subparagraphs (C) and (D).
SEC. 528. TEMPORARY EXEMPTION FROM END STRENGTH GRADE RESTRICTIONS
FOR THE SPACE FORCE.
(a) <<NOTE: Effective date. 10 USC 517 note.>> Exemption.--Sections
517 and 523 of title 10, United States Code, shall not apply to the
Space Force until January 1, 2023.
(b) <<NOTE: Deadline.>> Submittal.--Not later than April 1, 2022,
the Secretary of the Air Force shall establish and submit to the
Committees on Armed Services for the Senate and House of Representatives
for inclusion in the National Defense Authorization Act for fiscal year
2023, the number of officers who--
(1) may be serving on active duty in each of the grades of
major, lieutenant colonel, and colonel; and
(2) may not, as of the end of such fiscal year, exceed a
number determined in accordance with section 523(a)(1) of such
title.
SEC. 529. <<NOTE: Consultation. Review.>> REPORT ON EXEMPTIONS
AND DEFERMENTS FOR A POSSIBLE MILITARY
DRAFT.
Not later than 120 days after the date of the enactment of this Act,
the Director of the Selective Service System, in consultation with the
Secretary of Defense and the Secretary of Homeland Security, shall
submit to Congress a report providing a review of exemptions and
deferments from registration, training, and service under the Military
Selective Service Act (50 U.S.C. 3801 et seq.).
SEC. 529A. REPORT ON PROCESSES AND PROCEDURES FOR APPEAL OF DENIAL
OF STATUS OR BENEFITS FOR FAILURE TO
REGISTER FOR SELECTIVE SERVICE.
(a) <<NOTE: Review.>> Report Required.--Not later than 180 days
after the date of the enactment of this Act, the Director of the
Selective Service System shall submit to the appropriate committees of
Congress a report setting forth the results of a review of the processes
and procedures employed by agencies across the Federal Government for
the appeal by individuals of a denial of status or benefits under
Federal law for failure to register for selective service under the
Military Selective Service Act (50 U.S.C. 3801 et seq.).
(b) Consultation.--The Director of the Selective Service System
shall carry out this section in consultation with the Secretary of
Homeland Security, the Secretary of Education, the Director of the
Office of Personnel Management, and the heads of other appropriate
Federal agencies.
(c) Elements.--The report required by subsection (a) shall include
the following:
(1) <<NOTE: Assessment.>> A description and assessment of
the various appeals processes and procedures described in
subsection (a), including--
[[Page 135 STAT. 1691]]
(A) a description of such processes and procedures;
and
(B) <<NOTE: Assessment.>> an assessment of--
(i) the adequacy of notice provided for
appeals under such processes and procedures;
(ii) the fairness of each such process and
procedure;
(iii) the ease of use of each such process and
procedure;
(iv) consistency in the application of such
processes and procedures across the Federal
Government; and
(v) the applicability of an appeal granted by
one Federal agency under such processes and
procedures to the actions and decisions of another
Federal agency on a similar appeal.
(2) <<NOTE: Time period.>> Information on the number of
waivers requested, and the number of waivers granted, during the
15-year period ending on the date of the enactment of this Act
in connection with denial of status or benefits for failure to
register for selective service.
(3) <<NOTE: Analysis. Assessment.>> An analysis and
assessment of the recommendations of the National Commission on
Military, National, and Public Service for reforming the rules
and policies concerning failure to register for selective
service.
(4) <<NOTE: Recommenda- tions.>> Such recommendations for
legislative or administrative action as the Director of the
Selective Service System, and the consulting officers pursuant
to subsection (b), consider appropriate in light of the review
conducted pursuant to subsection (a).
(5) Such other matters in connection with the review
conducted pursuant to subsection (a) as the Director considers
appropriate.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committee of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Oversight and Reform of the House of Representatives.
SEC. 529B. STUDY AND REPORT ON ADMINISTRATIVE SEPARATION BOARDS.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the use of administrative separation boards within
the Armed Forces.
(b) <<NOTE: Evaluations.>> Elements.--The study under subsection
(a) shall evaluate--
(1) the process each Armed Force uses to convene
administrative separation boards, including the process used to
select the board president, the recorder, the legal advisor, and
board members; and
(2) the effectiveness of the operations of such boards.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the results of the study conducted under subsection (a).
[[Page 135 STAT. 1692]]
Subtitle D--Military Justice Reform
PART 1--SPECIAL TRIAL COUNSEL
SEC. 531. SPECIAL TRIAL COUNSEL.
(a) In General.--Subchapter V of chapter 47 of title 10, United
States Code, is amended by inserting after section 824 (article 24 of
the Uniform Code of Military Justice) the following new section:
``Sec. 824a. <<NOTE: 10 USC 824a.>> Art 24a. Special trial
counsel
``(a) <<NOTE: Regulations.>> Detail of Special Trial Counsel.--Each
Secretary concerned shall promulgate regulations for the detail of
commissioned officers to serve as special trial counsel.
``(b) Qualifications.--A special trial counsel shall be a
commissioned officer who--
``(1)(A) is a member of the bar of a Federal court or a
member of the bar of the highest court of a State; and
``(B) is certified to be qualified, by reason of education,
training, experience, and temperament, for duty as a special
trial counsel by--
``(i) the Judge Advocate General of the armed force
of which the officer is a member; or
``(ii) in the case of the Marine Corps, the Staff
Judge Advocate to the Commandant of the Marine Corps;
and
``(2) in the case of a lead special trial counsel appointed
pursuant to section 1044f(a)(2) of this title, is in a grade no
lower than O-7.
``(c) Duties and Authorities.--
``(1) <<NOTE: Regulations.>> In general.--Special trial
counsel shall carry out the duties described in this chapter and
any other duties prescribed by the Secretary concerned, by
regulation.
``(2) Determination of covered offense; related charges.--
``(A) Authority.--A special trial counsel shall have
exclusive authority to determine if a reported offense
is a covered offense and shall exercise authority over
any such offense in accordance with this chapter. Any
determination to prefer or refer charges shall not act
to disqualify the special trial counsel as an accuser.
``(B) Known and related offenses.--If a special
trial counsel determines that a reported offense is a
covered offense, the special trial counsel may also
exercise authority over any offense that the special
trial counsel determines to be related to the covered
offense and any other offense alleged to have been
committed by a person alleged to have committed the
covered offense.
``(3) Dismissal; referral; plea bargains.--Subject to
paragraph (4), with respect to charges and specifications
alleging any offense over which a special trial counsel
exercises authority, a special trial counsel shall have
exclusive authority to, in accordance with this chapter--
``(A) on behalf of the Government, withdraw or
dismiss the charges and specifications or make a motion
to withdraw or dismiss the charges and specifications;
[[Page 135 STAT. 1693]]
``(B) refer the charges and specifications for trial
by a special or general court-martial;
``(C) enter into a plea agreement; and
``(D) <<NOTE: Determination.>> determine if an
ordered rehearing is impracticable.
``(4) Binding determination.--The determination of a special
trial counsel to refer charges and specifications to a court-
martial for trial shall be binding on any applicable convening
authority for the referral of such charges and specifications.
``(5) Deferral to commander or convening authority.--If a
special trial counsel exercises authority over an offense and
elects not to prefer charges and specifications for such offense
or, with respect to charges and specifications for such offense
preferred by a person other than a special trial counsel, elects
not to refer such charges and specifications, a commander or
convening authority may exercise any of the authorities of such
commander or convening authority under this chapter with respect
to such offense, except that such commander or convening
authority may not refer charges and specifications for a covered
offense for trial by special or general court-martial.''.
(b) Table of Sections Amendment.--The table of sections at the
beginning of subchapter V of chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), <<NOTE: 10 USC 822 prec.>> is
amended by inserting after the item relating to section 824 (article 24)
the following new item:
``824a. Art 24a. Special trial counsel.''.
(c) <<NOTE: Plans.>> Report Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, each Secretary concerned shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report setting forth the plan of the
Secretary for detailing officers to serve as special trial
counsel pursuant to section 824a of title 10, United States Code
(article 24a of the Uniform Code of Military Justice) (as added
by subsection (a) of this section).
(2) Elements.--Each report under paragraph (1) shall include
the following--
(A) The plan of the Secretary concerned--
(i) for staffing billets for--
(I) special trial counsel who meet
the requirements set forth in section
824a of title 10, United States Code
(article 24a of the Uniform Code of
Military Justice) (as added by
subsection (a) of this section); and
(II) defense counsel for cases
involving covered offenses; and
(ii) for supporting and ensuring the
continuing professional development of military
justice practitioners.
(B) <<NOTE: Estimate.>> An estimate of the
resources needed to implement such section 824a (article
24a).
(C) An explanation of other staffing required to
implement such section 824a (article 24a), including
staffing levels required for military judges, military
magistrates, military defense attorneys, and paralegals
and other support staff.
[[Page 135 STAT. 1694]]
(D) A description of how the use of special trial
counsel will affect the military justice system as a
whole.
(E) A description of how the Secretary concerned
plans to place appropriate emphasis and value on
litigation experience for judge advocates in order to
ensure judge advocates are experienced, prepared, and
qualified to handle covered offenses, both as special
trial counsel and as defense counsel. Such a description
shall address promotion considerations and explain how
the Secretary concerned plans to instruct promotion
boards to value litigation experience.
(F) Any additional resources, authorities, or
information that each Secretary concerned deems relevant
or important to the implementation of the requirements
of this title.
(3) Definitions.--In this subsection--
(A) The term ``Secretary concerned'' has the meaning
given that term in section 101(a) of title 10, United
States Code.
(B) The term ``covered offense'' has the meaning
given that term in section 801(17) of title 10, United
States Code (as added by section 533 of this part).
SEC. 532. POLICIES WITH RESPECT TO SPECIAL TRIAL COUNSEL.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1044e the following new section:
``Sec. 1044f. <<NOTE: 10 USC 1044f.>> Policies with respect to
special trial counsel
``(a) Policies Required.--The Secretary of Defense shall establish
policies with respect to the appropriate mechanisms and procedures that
the Secretaries of the military departments shall establish relating to
the activities of special trial counsel, including expected milestones
for such Secretaries to fully implement such mechanisms and procedures.
The policies shall--
``(1) <<NOTE: Establishment.>> provide for the
establishment of a dedicated office within each military service
from which office the activities of the special trial counsel of
the military service concerned shall be supervised and overseen;
``(2) <<NOTE: Appointment.>> provide for the appointment of
one lead special trial counsel, who shall--
``(A) be a judge advocate of that service in a grade
no lower than O-7, with significant experience in
military justice;
``(B) be responsible for the overall supervision and
oversight of the activities of the special trial counsel
of that service; and
``(C) report directly to the Secretary concerned,
without intervening authority;
``(3) ensure that within each office created pursuant to
paragraph (1), the special trial counsel and other personnel
assigned or detailed to the office--
``(A) are independent of the military chains of
command of both the victims and those accused of covered
offenses and any other offenses over which a special
trial counsel at any time exercises authority in
accordance with section 824a of this title (article
24a); and
[[Page 135 STAT. 1695]]
``(B) conduct assigned activities free from unlawful
or unauthorized influence or coercion;
``(4) provide that special trial counsel shall be well-
trained, experienced, highly skilled, and competent in handling
cases involving covered offenses; and
``(5) provide that commanders of the victim and the accused
in a case involving a covered offense shall have the opportunity
to provide input to the special trial counsel regarding case
disposition, but that the input is not binding on the special
trial counsel.
``(b) Uniformity.--The Secretary of Defense shall ensure that any
lack of uniformity in the implementation of policies, mechanisms, and
procedures established under subsection (a) does not render
unconstitutional any such policy, mechanism, or procedure.
``(c) Military Service Defined.--In this section, the term `military
service' means the Army, Navy, Air Force, Marine Corps, and Space
Force.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 53 of title 10, United States Code, <<NOTE: 10 USC 1030 prec.>>
is amended by inserting after the item relating to section 1044e the
following new item:
``1044f. Policies with respect to special trial counsel.''.
(c) <<NOTE: Deadline.>> Quarterly Briefing.--Beginning not later
than 180 days after the date of the enactment of this Act, and at the
beginning of each fiscal quarter thereafter until the policies
established pursuant to section 1044f(a) of title 10, United States Code
(as added by subsection (a)) and the mechanisms and procedures to which
they apply are fully implemented and operational, the Secretary of
Defense and the Secretaries of the military departments shall jointly
provide to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a briefing
detailing the actions taken and progress made by the Office of the
Secretary of Defense and each of the military departments in meeting the
milestones established as required by such section.
SEC. 533. DEFINITION OF MILITARY MAGISTRATE, COVERED OFFENSE, AND
SPECIAL TRIAL COUNSEL.
Section 801 of title 10, United States Code (article 1 of the
Uniform Code of Military Justice), is amended--
(1) by inserting after paragraph (10) the following new
paragraph:
``(11) The term `military magistrate' means a commissioned
officer certified for duty as a military magistrate in
accordance with section 826a of this title (article 26a).''; and
(2) by adding at the end the following new paragraphs:
``(17) The term `covered offense' means--
``(A) an offense under section 917a (article 117a),
section 918 (article 118), section 919 (article 119),
section 920 (article 120), section 920b (article 120b),
section 920c (article 120c), section 925 (article 125),
section 928b (article 128b), section 930 (article 130),
section 932 (article 132), or the standalone offense of
child pornography punishable under section 934 (article
134) of this title;
``(B) a conspiracy to commit an offense specified in
subparagraph (A) as punishable under section 881 of this
title (article 81);
[[Page 135 STAT. 1696]]
``(C) a solicitation to commit an offense specified
in subparagraph (A) as punishable under section 882 of
this title (article 82); or
``(D) an attempt to commit an offense specified in
subparagraph (A), (B), or (C) as punishable under
section 880 of this title (article 80).
``(18) The term `special trial counsel' means a judge
advocate detailed as a special trial counsel in accordance with
section 824a of this title (article 24a) and includes a judge
advocate appointed as a lead special trial counsel pursuant to
section 1044f(a)(2) of this title.''.
SEC. 534. CLARIFICATION RELATING TO WHO MAY CONVENE COURTS-
MARTIAL.
(a) General Courts-martial.--Section 822(b) of title 10, United
States Code (article 22(b) of the Uniform Code of Military Justice), is
amended--
(1) by striking ``If any'' and inserting ``(1) If any''; and
(2) by adding at the end the following new paragraph:
``(2) A commanding officer shall not be considered an accuser solely
due to the role of the commanding officer in convening a general court-
martial to which charges and specifications were referred by a special
trial counsel in accordance with this chapter.''.
(b) Special Courts-martial.--Section 823(b) of title 10, United
States Code (article 23(b) of the Uniform Code of Military Justice), is
amended--
(1) by striking ``If any'' and inserting ``(1) If any''; and
(2) by adding at the end the following new paragraph:
``(2) A commanding officer shall not be considered an accuser solely
due to the role of the commanding officer in convening a special court-
martial to which charges and specifications were referred by a special
trial counsel in accordance with this chapter.''.
SEC. 535. DETAIL OF TRIAL COUNSEL.
Section 827 of title 10, United States Code (article 27 of the
Uniform Code of Military Justice), is amended by adding at the end the
following new subsection:
``(e) For each general and special court-martial for which charges
and specifications were referred by a special trial counsel--
``(1) a special trial counsel shall be detailed as trial
counsel; and
``(2) a special trial counsel may detail other trial counsel
as necessary who are judge advocates.''.
SEC. 536. PRELIMINARY HEARING.
(a) Detail of Hearing Officer; Waiver.--Subsection (a)(1) of section
832 of title 10, United States Code (article 32 of the Uniform Code of
Military Justice), is amended--
(1) in subparagraph (A), by striking ``hearing officer'' and
all that follows through the period at the end and inserting
``hearing officer detailed in accordance with subparagraph
(C).'';
(2) <<NOTE: Determinations.>> in subparagraph (B), by
striking ``written waiver'' and all that follows through the
period at the end and inserting the following: ``written waiver
to--
``(i) except as provided in clause (ii), the
convening authority and the convening authority
determines that a hearing is not required; and
[[Page 135 STAT. 1697]]
``(ii) with respect to charges and specifications
over which the special trial counsel is exercising
authority in accordance with section 824a of this title
(article 24a), the special trial counsel and the special
trial counsel determines that a hearing is not
required.''; and
(3) by adding at the end the following new subparagraph:
``(C)(i) Except as provided in clause (ii), the convening
authority shall detail a hearing officer.
``(ii) If a special trial counsel is exercising authority
over the charges and specifications subject to a preliminary
hearing under this section (article), the special trial counsel
shall request a hearing officer and a hearing officer shall be
provided by the convening authority, in accordance with
regulations prescribed by the President.''.
(b) Report of Preliminary Hearing Officer.--Subsection (c) of such
section is amended--
(1) in the heading, by inserting ``or Special Trial
Counsel'' after ``Convening Authority''; and
(2) in the matter preceding paragraph (1) by striking ``to
the convening authority'' and inserting ``to the convening
authority or, in the case of a preliminary hearing in which the
hearing officer is provided at the request of a special trial
counsel to the special trial counsel,''.
SEC. 537. ADVICE TO CONVENING AUTHORITY BEFORE REFERRAL FOR TRIAL.
Section 834 of title 10, United States Code (article 34 of the
Uniform Code of Military Justice), is amended--
(1) in subsection (a)(1), by striking ``Before referral''
and inserting ``Subject to subsection (c), before referral''
(2) in subsection (b), by striking ``Before referral'' and
inserting ``Subject to subsection (c), before referral'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e) respectively;
(4) by inserting after subsection (b) the following new
subsection:
``(c) Covered Offenses.--A referral to a general or special court-
martial for trial of charges and specifications over which a special
trial counsel exercises authority may only be made--
``(1) <<NOTE: Determination.>> by a special trial counsel,
subject to a special trial counsel's written determination
accompanying the referral that--
``(A) each specification under a charge alleges an
offense under this chapter;
``(B) there is probable cause to believe that the
accused committed the offense charged; and
``(C) a court-martial would have jurisdiction over
the accused and the offense; or
``(2) in the case of charges and specifications that do not
allege a covered offense and as to which a special trial counsel
declines to prefer or, in the case of charges and specifications
preferred by a person other than a special trial counsel, refer
charges, by the convening authority in accordance with this
section.''; and
(5) in subsection (e), as so redesignated, by inserting
``or, with respect to charges and specifications over which a
special trial counsel exercises authority in accordance with
section
[[Page 135 STAT. 1698]]
824a of this title (article 24a), a special trial counsel,''
after ``convening authority''.
SEC. 538. FORMER JEOPARDY.
Section 844(c) of title 10, United States Code (article 44(c) of the
Uniform Code of Military Justice), is amended by inserting ``or the
special trial counsel'' after ``the convening authority'' each place it
appears.
SEC. 539. PLEA AGREEMENTS.
(a) Authority to Enter Into Agreements.--Subsection (a) of section
853a of title 10, United States Code (article 53a of the Uniform Code of
Military Justice), is amended--
(1) in paragraph (1), by striking ``At any time'' and
inserting ``Subject to paragraph (3), at any time''; and
(2) by adding at the end the following new paragraph:
``(3) With respect to charges and specifications over which a
special trial counsel exercises authority pursuant to section 824a of
this title (article 24a), a plea agreement under this section may only
be entered into between a special trial counsel and the accused. Such
agreement shall be subject to the same limitations and conditions
applicable to other plea agreements under this section (article).''.
(b) Binding Effect.--Subsection (d) of such section (article) is
amended by inserting after ``parties'' the following: ``(including the
convening authority and the special trial counsel in the case of a plea
agreement entered into under subsection (a)(3))''.
SEC. 539A. DETERMINATIONS OF IMPRACTICABILITY OF REHEARING.
(a) Transmittal and Review of Records.--Section 865(e)(3)(B) of
title 10, United States Code (article 65(e)(3)(B) of the Uniform Code of
Military Justice), is amended--
(1) by striking ``impractical.--If the Judge Advocate
General'' and inserting the following: ``impracticable.--''
``(i) In general.--Subject to clause (ii), if the
Judge Advocate General'';
(2) by striking ``impractical'' and inserting
``impracticable''; and
(3) by adding at the end the following new clause:
``(ii) Cases referred by special trial counsel .--If
a case was referred to trial by a special trial counsel,
a special trial counsel shall determine if a rehearing
is impracticable and shall dismiss the charges if the
special trial counsel so determines.''.
(b) Courts of Criminal Appeals.--Section 866(f)(1)(C) of title 10,
United States Code (article 66(f)(1)(C) of the Uniform Code of Military
Justice), is amended--
(1) by striking ``impracticable.--If the Court of Criminal
Appeals'' and inserting the following: ``Impracticable.--
``(i) In general.--Subject to clause (ii), if the
Court of Criminal Appeals''; and
(2) by adding at the end the following new clause:
``(ii) Cases referred by special trial counsel.--If
a case was referred to trial by a special trial counsel,
a special trial counsel shall determine if a rehearing
is impracticable and shall dismiss the charges if the
special trial counsel so determines.''.
[[Page 135 STAT. 1699]]
(c) Review by the Court of Appeals for the Armed Forces.--Section
867(e) of title 10, United States Code (article 67(e) of the Uniform
Code of Military Justice), is amended by adding at the end the following
new sentence: ``Notwithstanding the preceding sentence, if a case was
referred to trial by a special trial counsel, a special trial counsel
shall determine if a rehearing is impracticable and shall dismiss the
charges if the special trial counsel so determines.''.
(d) Review by Judge Advocate General.--Section 869(c)(1)(D) of title
10, Untied States Code (article 69(c)(1)(D) of the Uniform Code of
Military Justice), is amended--
(1) by striking ``If the Judge Advocate General'' and
inserting ``(i) Subject to clause (ii), if the Judge Advocate
General'';
(2) by striking ``impractical'' and inserting
``impracticable''; and
(3) by adding at the end the following new clause:
``(ii) If a case was referred to trial by a special trial counsel, a
special trial counsel shall determine if a rehearing is impracticable
and shall dismiss the charges if the special trial counsel so
determines.''.
SEC. 539B. <<NOTE: Consultation. Contracts. 10 USC 801 note.>>
APPLICABILITY TO THE UNITED STATES COAST
GUARD.
The Secretary of Defense shall consult and enter into an agreement
with the Secretary of Homeland Security to apply the provisions of this
part and the amendments made by this part, and the policies, mechanisms,
and processes established pursuant to such provisions, to the United
States Coast Guard when it is operating as a service in the Department
of Homeland Security.
SEC. 539C. <<NOTE: 10 USC 801 note.>> EFFECTIVE DATE.
(a) <<NOTE: Applicability.>> In General.--Except as provided in
subsection (b), the amendments made by this part shall take effect on
the date that is two years after the date of the enactment of this Act
and shall apply with respect to offenses that occur after that date.
(b) Regulations.--
(1) <<NOTE: President. Deadline.>> Requirement.--The
President shall prescribe regulations to carry out this part not
later than two years after the date of the enactment of this
Act.
(2) <<NOTE: Applicability.>> Impact of delay of issuance.--
If the President does not prescribe the regulations necessary to
carry out this part before the date that is two years after the
date of the enactment of this Act, the amendments made by this
part shall take effect on the date on which such regulations are
prescribed and shall apply with respect to offenses that occur
on or after that date.
PART 2--SEXUAL HARASSMENT; SENTENCING REFORM
SEC. 539D. <<NOTE: 10 USC 934 note.>> INCLUSION OF SEXUAL
HARASSMENT AS GENERAL PUNITIVE ARTICLE.
(a) <<NOTE: Deadline. President.>> In General.--Not later than 30
days after the date of the enactment of this Act, the President shall--
(1) <<NOTE: Regulations.>> prescribe regulations
establishing sexual harassment, as described in this section, as
an offense punishable under
[[Page 135 STAT. 1700]]
section 934 of title 10, United States Code (article 134 of the
Uniform Code of Military Justice); and
(2) <<NOTE: Revision.>> revise the Manual for Courts-
Martial to include such offense.
(b) Elements of Offense.--The regulations and the revisions to the
Manual for Courts-Martial required under subsection (a) shall provide
that the required elements constituting the offense of sexual harassment
are--
(1) that the accused knowingly made sexual advances, demands
or requests for sexual favors, or knowingly engaged in other
conduct of a sexual nature;
(2) that such conduct was unwelcome;
(3) that, under the circumstances, such conduct--
(A) would cause a reasonable person to believe, and
a certain person did believe, that submission to such
conduct would be made, either explicitly or implicitly,
a term or condition of that person's job, pay, career,
benefits, or entitlements;
(B) would cause a reasonable person to believe, and
a certain person did believe, that submission to, or
rejection of, such conduct would be used as a basis for
decisions affecting that person's job, pay, career,
benefits, or entitlements; or
(C) was so severe, repetitive, or pervasive that a
reasonable person would perceive, and a certain person
did perceive, an intimidating, hostile, or offensive
working environment; and
(4) that, under the circumstances, the conduct of the
accused was--
(A) to the prejudice of good order and discipline in
the armed forces;
(B) of a nature to bring discredit upon the armed
forces; or
(C) to the prejudice of good order and discipline in
the armed forces and of a nature to bring discredit upon
the armed forces.
SEC. 539E. SENTENCING REFORM.
(a) Article 53; Findings and Sentencing.--Section 853 of title 10,
United States Code (article 53 of the Uniform Code of Military Justice),
is amended--
(1) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) General and special courts-martial.--Except as
provided in subsection (c) for capital offenses, if the accused
is convicted of an offense in a trial by general or special
court-martial, the military judge shall sentence the accused.
The sentence determined by the military judge constitutes the
sentence of the court-martial.''; and
(2) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--In a capital case, if the accused is
convicted of an offense for which the court-martial may sentence
the accused to death--
``(A) <<NOTE: Determinations.>> the members shall
determine--
[[Page 135 STAT. 1701]]
``(i) whether the sentence for that offense
shall be death or life in prison without
eligibility for parole; or
``(ii) whether the matter shall be returned to
the military judge for determination of a lesser
punishment; and
``(B) the military judge shall sentence the accused
for that offense in accordance with the determination of
the members under subparagraph (A).''; and
(B) in paragraph (2), by striking ``the court-
martial'' and inserting ``the military judge''.
(b) Article 53a; Plea Agreements.--Section 853a of title 10, United
States Code (article 53a of the Uniform Code of Military Justice), as
amended by section 539 of this Act, is further amended--
(1) by redesignating subsections (b), (c), and (d), as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) <<NOTE: Determinations.>> Acceptance of Plea Agreement.--
Subject to subsection (c), the military judge of a general or special
court-martial shall accept a plea agreement submitted by the parties,
except that--
``(1) in the case of an offense with a sentencing parameter
set forth in regulations prescribed by the President pursuant to
section 539E(e) of the National Defense Authorization Act for
Fiscal Year 2022, the military judge may reject a plea agreement
that proposes a sentence that is outside the sentencing
parameter if the military judge determines that the proposed
sentence is plainly unreasonable; and
``(2) in the case of an offense for which the President has
not established a sentencing parameter pursuant to section
539E(e) of the National Defense Authorization Act for Fiscal
Year 2022, the military judge may reject a plea agreement that
proposes a sentence if the military judge determines that the
proposed sentence is plainly unreasonable.''.
(c) Article 56; Sentencing.--Section 856 of title 10, United States
Code (article 56 of the Uniform Code of Military Justice), is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (C)(vii), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following new
subparagraph:
``(E) the applicable sentencing parameters or
sentencing criteria set forth in regulations prescribed
by the President pursuant to section 539E(e) of the
National Defense Authorization Act for Fiscal Year
2022.''; and
(B) by striking paragraphs (2) through (4) and
inserting the following new paragraphs:
``(2) Application of sentencing parameters in general and
special courts-martial.--
[[Page 135 STAT. 1702]]
``(A) Requirement to sentence within parameters.--
Except as provided in subparagraph (B), in a general or
special court-martial in which the accused is convicted
of an offense for which the President has established a
sentencing parameter pursuant to section 539E(e) of the
National Defense Authorization Act for Fiscal Year 2022,
the military judge shall sentence the accused for that
offense within the applicable parameter.
``(B) Exception.--The military judge may impose a
sentence outside a sentencing parameter upon finding
specific facts that warrant such a
sentence. <<NOTE: Statement.>> If the military judge
imposes a sentence outside a sentencing parameter under
this subparagraph, the military judge shall include in
the record a written statement of the factual basis for
the sentence.
``(3) Use of sentencing criteria in general and special
courts-martial.--In a general or special court-martial in which
the accused is convicted of an offense for which the President
has established sentencing criteria pursuant to section 539E(e)
of the National Defense Authorization Act for Fiscal Year 2022,
the military judge shall consider the applicable sentencing
criteria in determining the sentence for that offense.
``(4) Offense-based sentencing in general and special
courts-martial.--In announcing the sentence under section 853 of
this title (article 53) in a general or special court-martial,
the military judge shall, with respect to each offense of which
the accused is found guilty, specify the term of confinement, if
any, and the amount of the fine, if any. If the accused is
sentenced to confinement for more than one offense, the military
judge shall specify whether the terms of confinement are to run
consecutively or concurrently.
``(5) Inapplicability to death penalty.--Sentencing
parameters and sentencing criteria shall not apply to a
determination of whether an offense should be punished by death.
``(6) Sentence of confinement for life without eligibility
for parole.--
``(A) In general.--If an offense is subject to a
sentence of confinement for life, a court-martial may
impose a sentence of confinement for life without
eligibility for parole.
``(B) Term of confinement.--An accused who is
sentenced to confinement for life without eligibility
for parole shall be confined for the remainder of the
accused's life unless--
``(i) the sentence is set aside or otherwise
modified as a result of--
``(I) action taken by the convening
authority or the Secretary concerned; or
``(II) any other action taken during
post-trial procedure or review under any
other provision of subchapter IX of this
chapter;
``(ii) the sentence is set aside or otherwise
modified as a result of action taken by a court of
competent jurisdiction; or
``(iii) the accused receives a pardon or
another form of Executive clemency.''; and
(4) in subsection (d)(1)--
[[Page 135 STAT. 1703]]
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) in the case of a sentence for an offense for
which the President has established a sentencing
parameter pursuant to section 539E(e) of the National
Defense Authorization Act for Fiscal Year 2022, the
sentence is a result of an incorrect application of the
parameter; or''; and
(D) in subparagraph (C), as redesignated by
subparagraph (B) of this paragraph, by striking ``, as
determined in accordance with standards and procedures
prescribed by the President''.
(d) Article 66; Courts of Criminal Appeals.--Section 866 of title
10, United States Code (article 66 of the Uniform Code of Military
Justice), as amended by section 539A of this Act, is further amended--
(1) in subsection (d)(1)(A), by striking the third sentence;
and
(2) by amending subsection (e) to read as follows:
``(e) Consideration of Sentence.--
``(1) In general.--In considering a sentence on appeal,
other than as provided in section 856(d) of this title (article
56(d)), the Court of Criminal Appeals may consider--
``(A) whether the sentence violates the law;
``(B) whether the sentence is inappropriately
severe--
``(i) if the sentence is for an offense for
which the President has not established a
sentencing parameter pursuant to section 539E(e)
of the National Defense Authorization Act for
Fiscal Year 2022; or
``(ii) in the case of an offense for which the
President has established a sentencing parameter
pursuant to section 539E(e) of the National
Defense Authorization Act for Fiscal Year 2022, if
the sentence is above the upper range of such
sentencing parameter;
``(C) in the case of a sentence for an offense for
which the President has established a sentencing
parameter pursuant to section 539E(e) of the National
Defense Authorization Act for Fiscal Year 2022, whether
the sentence is a result of an incorrect application of
the parameter;
``(D) whether the sentence is plainly unreasonable;
and
``(E) <<NOTE: Review.>> in review of a sentence to
death or to life in prison without eligibility for
parole determined by the members in a capital case under
section 853(c) of this title (article 53(c)), whether
the sentence is otherwise appropriate, under rules
prescribed by the President.
``(2) Record on appeal.--In an appeal under this subsection
or section 856(d) of this title (article 56(d)), other than
review under subsection (b)(2) of this section, the record on
appeal shall consist of--
``(A) any portion of the record in the case that is
designated as pertinent by any party;
``(B) the information submitted during the
sentencing proceeding; and
[[Page 135 STAT. 1704]]
``(C) any information required by rule or order of
the Court of Criminal Appeals.''.
(e) <<NOTE: 10 USC 856 note.>> Establishment of Sentencing
Parameters and Sentencing Criteria.--
(1) <<NOTE: Deadline. President. Regulations.>> In
general.--Not later than two years after the date of the
enactment of this Act, the President shall prescribe regulations
establishing sentencing parameters and sentencing criteria
related to offenses under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice), in accordance with
this subsection. Such parameters and criteria--
(A) shall cover sentences of confinement; and
(B) <<NOTE: Determination.>> may cover lesser
punishments, as the President determines appropriate.
(2) Sentencing parameters.--Sentencing parameters
established under paragraph (1) shall--
(A) identify a delineated sentencing range for an
offense that is appropriate for a typical violation of
the offense, taking into consideration--
(i) the severity of the offense;
(ii) the guideline or offense category that
would apply to the offense if the offense were
tried in a United States district court;
(iii) any military-specific sentencing
factors;
(iv) the need for the sentencing parameter to
be sufficiently broad to allow for individualized
consideration of the offense and the accused; and
(v) any other relevant sentencing guideline.
(B) include no fewer than 5 and no more than 12
offense categories;
(C) assign such offense under this chapter to an
offense category unless the offense is identified as
unsuitable for sentencing parameters under paragraph
(4)(F)(ii); and
(D) delineate the confinement range for each offense
category by setting an upper confinement limit and a
lower confinement limit.
(3) Sentencing criteria.--Sentencing criteria established
under paragraph (1) shall identify offense-specific factors the
military judge should consider and any collateral effects of
available punishments that may aid the military judge in
determining an appropriate sentence when there is no applicable
sentencing parameter for a specific offense.
(4) <<NOTE: Designations.>> Military sentencing parameters
and criteria board.--
(A) <<NOTE: Establishment.>> In general.--There is
established within the Department of Defense a board, to
be known as the ``Military Sentencing Parameters and
Criteria Board'' (referred to in this subsection as the
``Board'').
(B) Voting members.--The Board shall have 5 voting
members, as follows:
(i) The 4 chief trial judges designated under
section 826(g) of title 10, United States Code
(article 26(g) of the Uniform Code of Military
Justice), except that, if the chief trial judge of
the Coast Guard is not available, the Judge
Advocate General of the Coast Guard may designate
as a voting member a judge advocate of the Coast
Guard with substantial military justice
experience.
[[Page 135 STAT. 1705]]
(ii) A trial judge of the Navy, designated
under regulations prescribed by the President, if
the chief trial judges designated under section
826(g) of title 10, United States Code (article
26(g) of the Uniform Code of Military Justice), do
not include a trial judge of the Navy.
(iii) A trial judge of the Marine Corps,
designated under regulations prescribed by the
President, if the chief trial judges designated
under section 826(g) of title 10, United States
Code (article 26(g) of the Uniform Code of
Military Justice), do not include a trial judge of
the Marine Corps.
(C) Nonvoting members.--The Chief Judge of the Court
of Appeals for the Armed Forces, the Chairman of the
Joint Chiefs of Staff, and the General Counsel of the
Department of Defense shall each designate one nonvoting
member of the Board. <<NOTE: Appointment.>> The
Secretary of Defense may appoint one additional
nonvoting member of the Board at the Secretary's
discretion.
(D) Chair and vice-chair.--The Secretary of Defense
shall designate one voting member as chair of the Board
and one voting member as vice-chair.
(E) Voting requirement.--An affirmative vote of at
least three members is required for any action of the
Board under this subsection.
(F) Duties of board.--The Board shall have the
following duties:
(i) As directed by the Secretary of Defense,
the Board shall submit to the President for
approval--
(I) sentencing parameters for all
offenses under chapter 47 of title 10,
United States Code (the Uniform Code of
Military Justice) (other than offenses
that the Board identifies as unsuitable
for sentencing parameters in accordance
with clause (ii)); and
(II) sentencing criteria to be used
by military judges in determining
appropriate sentences for offenses that
are identified as unsuitable for
sentencing parameters in accordance with
clause (ii).
(ii) Identify each offense under chapter 47 of
title 10, United States Code (the Uniform Code of
Military Justice), that is unsuitable for
sentencing parameters. The Board shall identify an
offense as unsuitable for sentencing parameters
if--
(I) the nature of the offense is
indeterminate and unsuitable for
categorization; and
(II) there is no similar criminal
offense under the laws of the United
States or the laws of the District of
Columbia.
(iii) In developing sentencing parameters and
criteria, the Board shall consider the sentencing
data collected by the Military Justice Review
Panel pursuant to section 946(f)(2) of title 10,
United States Code (article 146(f)(2) of the
Uniform Code of Military Justice).
(iv) In addition to establishing parameters
for sentences of confinement under clause (i)(I),
the Board
[[Page 135 STAT. 1706]]
shall consider the appropriateness of establishing
sentencing parameters for punitive discharges,
fines, reductions, forfeitures, and other lesser
punishments authorized under chapter 47 of title
10, United States Code (the Uniform Code of
Military Justice).
(v) The Board shall regularly--
(I) <<NOTE: Reviews. Revisions.>>
review, and propose revision to, in
consideration of comments and data
coming to the Board's attention, the
sentencing parameters and sentencing
criteria prescribed under paragraph (1);
and
(II) <<NOTE: Proposals. Statements.>>
submit to the President, through the
Secretary of Defense, proposed
amendments to the sentencing parameters
and sentencing criteria, together with
statements explaining the basis for the
proposed amendments.
(vi) The Board shall develop means of
measuring the degree to which applicable
sentencing, penal, and correctional practices are
effective with respect to the sentencing factors
and policies set forth in this section.
(vii) <<NOTE: Consultation.>> In fulfilling
its duties and in exercising its powers, the Board
shall consult authorities on, and individual and
institutional representatives of, various aspects
of the military criminal justice system. The Board
may establish separate advisory groups consisting
of individuals with current or recent experience
in command and in senior enlisted positions,
individuals with experience in the trial of
courts-martial, and such other groups as the Board
deems appropriate.
(viii) <<NOTE: Proposals. Statements.>> The
Board shall submit to the President, through the
Secretary of Defense, proposed amendments to the
rules for courts-martial with respect to
sentencing proceedings and maximum punishments,
together with statements explaining the basis for
the proposed amendments.
(f) <<NOTE: Applicability. 10 USC 853 note.>> Effective Date.--The
amendments made by this section shall take effect on the date that is
two years after the date of the enactment of this Act and shall apply to
sentences adjudged in cases in which all findings of guilty are for
offenses that occurred after the date that is two years after the date
of the enactment of this Act.
(g) Repeal of Secretarial Guidelines on Sentences for Offenses
Committed Under the Uniform Code of Military Justice.--Section 537 of
the National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1363; 10 U.S.C. 856 note) is repealed.
PART 3--REPORTS AND OTHER MATTERS
SEC. 539F. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR
IMPLEMENTATION.
(a) Briefing and Report Required.--
(1) <<NOTE: Deadline.>> Briefing.--Not later than March 1,
2022, each Secretary concerned shall provide to the appropriate
congressional committees a briefing that details the resourcing
necessary to implement this subtitle and the amendments made by
this subtitle.
[[Page 135 STAT. 1707]]
(2) Report.--On a date occurring after the briefing under
paragraph (1), but not later than one year after the date of the
enactment of this Act, each Secretary concerned shall submit to
the appropriate congressional committees a report that details
the resourcing necessary to implement this subtitle and the
amendments made by this subtitle.
(3) Form of briefing and report.--Each Secretary concerned
may provide the briefing and report required under paragraphs
(1) and (2) jointly, or separately, as determined appropriate by
such Secretaries
(b) Elements.--The briefing and report required under subsection (a)
shall address the following:
(1) The number of additional personnel and personnel
authorizations (military and civilian) required by the Armed
Forces to implement and execute the provisions of this subtitle
and the amendments made by this subtitle by the effective date
specified in section 539C.
(2) The basis for the number provided pursuant to paragraph
(1), including the following:
(A) A description of the organizational structure in
which such personnel or groups of personnel are or will
be aligned.
(B) The nature of the duties and functions to be
performed by any such personnel or groups of personnel
across the domains of policy-making, execution,
assessment, and oversight.
(C) The optimum caseload goal assigned to the
following categories of personnel who are or will
participate in the military justice process: criminal
investigators of different levels and expertise,
laboratory personnel, defense counsel, special trial
counsel, military defense counsel, military judges, and
military magistrates.
(D) Any required increase in the number of personnel
currently authorized in law to be assigned to the Armed
Force concerned.
(3) The nature and scope of any contract required by the
Armed Force concerned to implement and execute the provisions of
this subtitle and the amendments made by this subtitle by the
effective date specified in section 539C.
(4) The amount and types of additional funding required by
the Armed Force concerned to implement the provisions of this
subtitle and the amendments made by this subtitle by the
effective date specified in section 539C.
(5) Any additional authorities required to implement the
provisions of this subtitle and the amendments made by this
subtitle by the effective date specified in section 539C.
(6) <<NOTE: Determination.>> Any additional information the
Secretary concerned determines is necessary to ensure the
manning, equipping, and resourcing of the Armed Forces to
implement and execute the provisions of this subtitle and the
amendments made by this subtitle.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of
the Senate; and
[[Page 135 STAT. 1708]]
(B) the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the
House of Representatives.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(a) of title 10, United States Code.
SEC. 539G. BRIEFING ON IMPLEMENTATION OF CERTAIN RECOMMENDATIONS
OF THE INDEPENDENT REVIEW COMMISSION ON
SEXUAL ASSAULT IN THE MILITARY.
(a) <<NOTE: Deadline.>> Briefing Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the Senate and the
House of Representatives a briefing on the status of the implementation
of the recommendations set forth in the report of the Independent Review
Commission on Sexual Assault in the Military titled ``Hard Truths and
the Duty to Change: Recommendations from the Independent Review
Commission on Sexual Assault in the Military'', and dated July 2, 2021.
(b) Elements.--The briefing under subsection (a) shall address the
following:
(1) The status of the implementation of each recommendation,
including--
(A) whether, how, and to what extent the
recommendation has been implemented; and
(B) any rules, regulations, policies, or other
guidance that have been issued, revised, changed, or
cancelled as a result of the implementation of the
recommendation.
(2) <<NOTE: Plan.>> For each recommendation that has not
been fully implemented or superseded by statute as of the date
of the briefing, a description of any plan for the
implementation of the recommendation, including identification
of--
(A) intermediate actions, milestone dates, and any
expected completion date for implementation of the
recommendation; and
(B) any rules, regulations, policies, or other
guidance that are expected to be issued, revised,
changed, or cancelled as a result of the implementation
of the recommendation.
Subtitle E--Other Military Justice and Legal Matters
SEC. 541. RIGHTS OF THE VICTIM OF AN OFFENSE UNDER THE UNIFORM
CODE OF MILITARY JUSTICE.
Section 806b(a) of title 10, United States Code (article 6b(a) of
the Uniform Code of Military Justice), is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new
paragraph:
``(8) The right to be informed in a timely manner of any
plea agreement, separation-in-lieu-of-trial agreement, or non-
prosecution agreement relating to the offense, unless providing
such information would jeopardize a law enforcement proceeding
or would violate the privacy concerns of an individual other
than the accused.''.
[[Page 135 STAT. 1709]]
SEC. 542. CONDUCT UNBECOMING AN OFFICER.
(a) In General.--Section 933 of title 10, United States Code
(article 133 of the Uniform Code of Military Justice) is amended--
(1) in the section heading, by striking ``and a gentleman'';
and
(2) by striking ``and a gentleman''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter X of chapter 47 of such title <<NOTE: 10 USC 877 prec.>> is
amended by striking the item relating to section 933 (article 133) and
inserting the following new item:
``933. 133. Conduct unbecoming an officer.''.
SEC. 543. INDEPENDENT INVESTIGATION OF COMPLAINTS OF SEXUAL
HARASSMENT.
(a) In General.--Section 1561 of title 10, United States Code, is
amended to read as follows:
``Sec. 1561. Complaints of sexual harassment: independent
investigation
``(a) Action on Complaints Alleging Sexual Harassment.--A commanding
officer or officer in charge of a unit, vessel, facility, or area of the
Army, Navy, Air Force, Marine Corps, or Space Force who receives from a
member of the command or a civilian employee under the supervision of
the officer a formal complaint alleging a claim of sexual harassment by
a member of the armed forces or a civilian employee of the Department of
Defense shall, to the extent practicable, direct that an independent
investigation of the matter be carried out in accordance with this
section.
``(b) <<NOTE: Deadline.>> Commencement of Investigation.--To the
extent practicable, a commanding officer or officer in charge receiving
such a formal complaint shall forward such complaint to an independent
investigator within 72 hours after receipt of the complaint, and shall
further--
``(1) forward the formal complaint or a detailed description
of the allegation to the next superior officer in the chain of
command who is authorized to convene a general court-martial;
and
``(2) advise the complainant of the commencement of the
investigation.
``(c) <<NOTE: Deadline.>> Duration of Investigation.--To the extent
practicable, a commanding officer or officer in charge shall ensure that
an independent investigator receiving a formal complaint of sexual
harassment under this section completes the investigation of the
complaint not later than 14 days after the date on which the
investigation is commenced, and that the findings of the investigation
are forwarded to the commanding officer or officer in charge specified
in subsection (a) for action as appropriate.
``(d) Report on Investigation.--To the extent practicable, a
commanding officer or officer in charge shall--
``(1) submit a final report on the results of the
independent investigation, including any action taken as a
result of the investigation, to the next superior officer
referred to in subsection (b)(1) within 20 days after the date
on which the investigation is commenced; or
``(2) <<NOTE: Time period.>> submit a report on the
progress made in completing the investigation to the next
superior officer referred to in subsection (b)(1) within 20 days
after the date on which the
[[Page 135 STAT. 1710]]
investigation is commenced and every 14 days thereafter until
the investigation is completed and, upon completion of the
investigation, then submit a final report on the results of the
investigation, including any action taken as a result of the
investigation, to that next superior officer.
``(e) Sexual Harassment Defined.--In this section, the term `sexual
harassment' means conduct that constitutes the offense of sexual
harassment as punishable under section 934 of this title (article 134)
pursuant to the regulations prescribed by the Secretary of Defense for
purposes of such section (article).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 80 of title 10, United States Code, <<NOTE: 10 USC 1561 prec.>>
is amended by striking the item relating to section 1561 and inserting
the following new item:
``1561. Complaints of sexual harassment: independent investigation.''.
(c) <<NOTE: 10 USC 1561 note.>> Effective Date.--The amendments
made by subsections (a) and (b) shall--
(1) take effect on the date that is two years after the date
of the enactment of this Act; and
(2) <<NOTE: Applicability.>> apply to any investigation of
a formal complaint of sexual harassment (as defined in section
1561 of title 10, United States Code, as amended by subsection
(a)) made on or after that date.
(d) <<NOTE: Deadline. 10 USC 1561 note.>> Regulations.--Not later
than 18 months after the date of the enactment of this Act the Secretary
of Defense shall prescribe regulations providing for the implementation
of section 1561 of title 10, United States Code, as amended by
subsection (a).
(e) Report on Implementation.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report on the preparation of the Secretary to
implement section 1561 of title 10, United States Code, as amended by
subsection (a).
SEC. 544. DEPARTMENT OF DEFENSE TRACKING OF ALLEGATIONS OF
RETALIATION BY VICTIMS OF SEXUAL ASSAULT
OR SEXUAL HARASSMENT AND RELATED PERSONS.
(a) In General.--Chapter 80 of title 10, United States Code, is
amended by inserting after section 1562 the following new section:
``Sec. 1562a. <<NOTE: 10 USC 1562a.>> Complaints of retaliation
by victims of sexual assault or sexual
harassment and related persons: tracking by
Department of Defense
``(a) Designation of Responsible Component.--The Secretary of
Defense shall designate a component of the Office of the Secretary of
Defense to be responsible for documenting and tracking all covered
allegations of retaliation and shall ensure that the Secretaries
concerned and the Inspector General of the Department of Defense provide
to such component the information required to be documented and tracked
as described in subsection (b).
``(b) Tracking of Allegations.--The head of the component designated
by the Secretary under subsection (a) shall document and track each
covered allegation of retaliation, including--
``(1) that such an allegation has been reported and by whom;
``(2) the date of the report;
[[Page 135 STAT. 1711]]
``(3) the nature of the allegation and the name of the
person or persons alleged to have engaged in such retaliation;
``(4) the Department of Defense component or other entity
responsible for the investigation of or inquiry into the
allegation;
``(5) the entry of findings;
``(6) referral of such findings to a decisionmaker for
review and action, as appropriate;
``(7) the outcome of final action; and
``(8) any other element of information pertaining to the
allegation determined appropriate by the Secretary or the head
of the component designated by the Secretary.
``(c) Covered Allegation of Retaliation Defined.--In this section,
the term `covered allegation of retaliation' means an allegation of
retaliation--
``(1) made by--
``(A) an alleged victim of sexual assault or sexual
harassment;
``(B) an individual charged with providing services
or support to an alleged victim of sexual assault or
sexual harassment;
``(C) a witness or bystander to an alleged sexual
assault or sexual harassment; or
``(D) any other person associated with an alleged
victim of a sexual assault or sexual harassment; and
``(2) without regard to whether the allegation is reported
to or investigated or inquired into by--
``(A) the Department of Defense Inspector General or
any other inspector general;
``(B) a military criminal investigative
organization;
``(C) a commander or other person at the direction
of the commander;
``(D) another military or civilian law enforcement
organization; or
``(E) any other organization, officer, or employee
of the Department of Defense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 80 of title 10, United States Code, <<NOTE: 10 USC 1561 prec.>>
is amended by inserting after the item relating to section 1562 the
following new item:
``1562a. Complaints of retaliation by victims of sexual assault or
sexual harassment and related persons: tracking by Department
of Defense.''.
SEC. 545. MODIFICATION OF NOTICE TO VICTIMS OF PENDENCY OF FURTHER
ADMINISTRATIVE ACTION FOLLOWING A
DETERMINATION NOT TO REFER TO TRIAL BY
COURT-MARTIAL.
Section 549 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 806b note) is amended--
(1) in the section heading, by striking ``alleged sexual
assault'' and inserting ``alleged sex-related offense'';
(2) by striking ``Under regulations'' and inserting
``Notwithstanding section 552a of title 5, United States Code,
and under regulations'';
(3) by striking ``alleged sexual assault'' and inserting
``an alleged sex-related offense (as defined in section 1044e(h)
of title 10, United States Code)''; and
[[Page 135 STAT. 1712]]
(4) by adding at the end the following new sentence: ``Upon
such final determination, the commander shall notify the victim
of the type of action taken on such case, the outcome of the
action (including any punishments assigned or characterization
of service, as applicable), and such other information as the
commander determines to be relevant.''
SEC. 546. <<NOTE: 10 USC 1044e note.>> CIVILIAN POSITIONS TO
SUPPORT SPECIAL VICTIMS' COUNSEL.
(a) Civilian Support Positions.--Each Secretary of a military
department may establish one or more civilian positions within each
office of the Special Victims' Counsel under the jurisdiction of such
Secretary.
(b) Duties.--The duties of each position under subsection (a) shall
be--
(1) to provide support to Special Victims' Counsel,
including legal, paralegal, and administrative support; and
(2) to ensure the continuity of legal services and the
preservation of institutional knowledge in the provision of
victim legal services notwithstanding transitions in the
military personnel assigned to offices of the Special Victims'
Counsel.
(c) Special Victims' Counsel Defined.--In this section, the term
``Special Victims' Counsel'' means Special Victims' Counsel described in
section 1044e of title 10, United States Code, and in the case of the
Navy and Marine Corps, includes counsel designated as ``Victims' Legal
Counsel''.
SEC. 547. <<NOTE: Deadlines. Consultations. Publications.>> PLANS
FOR UNIFORM DOCUMENT MANAGEMENT SYSTEM,
TRACKING PRETRIAL INFORMATION, AND
ASSESSING CHANGES IN LAW.
(a) Plan for Document Management System.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Homeland Security (with
respect to the Coast Guard when it is not operating as a service
in the Navy), the Secretaries of the military departments, and
the Judge Advocates specified in subsection (e), shall publish a
plan pursuant to which the Secretary of Defense shall establish
a single document management system for use by each Armed Force
to collect and present information on matters within the
military justice system, including information collected and
maintained for purposes of section 940a of title 10, United
States Code (article 140a of the Uniform Code of Military
Justice).
(2) <<NOTE: Criteria.>> Elements.--The plan under
subsection (a) shall meet the following criteria:
(A) Consistency of data fields.--The plan shall
ensure that each Armed Force uses consistent data
collection fields, definitions, and other criteria for
the document management system described in subsection
(a).
(B) <<NOTE: Strategy.>> Best practices.--The plan
shall include a strategy for incorporating into the
document management system the features of the case
management and electronic case filing system of the
Federal courts to the greatest extent possible.
[[Page 135 STAT. 1713]]
(C) Prospective application.--The plan shall require
the document management system to be used for the
collection and presentation of information about matters
occurring after the date of the implementation of the
system. The plan shall not require the collection and
presentation of historical data about matters occurring
before the implementation date of the system.
(D) <<NOTE: Estimate.>> Resources.--The plan shall
include an estimate of the resources (including costs,
staffing, and other resources) required to implement the
document management system.
(E) <<NOTE: Analysis.>> Authorities.--The plan
shall include an analysis of any legislative actions,
including any changes to law, that may be required to
implement the document management system for each Armed
Force.
(b) Plan for Tracking Pretrial Information.--Not later than one year
after the date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of Homeland Security (with respect to
the Coast Guard when it is not operating as a service in the Navy), the
Secretaries of the military departments, and the Judge Advocates
specified in subsection (e), shall publish a plan addressing how the
Armed Forces will collect, track, and maintain pretrial records, data,
and other information regarding the reporting, investigation, and
processing of all offenses under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice), arising in any Armed Force
in a manner such that each Armed Force uses consistent data collection
fields, definitions, and criteria.
(c) Plan for Assessing Effects of Changes in Law.--Not later than
one year after the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of Homeland Security (with
respect to the Coast Guard when it is not operating as a service in the
Navy), the Secretaries of the military departments, and the Judge
Advocates specified in subsection (e), shall publish a plan addressing
the manner in which the Department of Defense will analyze the effects
of the changes in law and policy required under subtitle D and the
amendments made by such subtitle with respect to the disposition of
offenses over which a special trial counsel at any time exercises
authority in accordance with section 824a of title 10, United States
Code (article 24a of the Uniform Code of Military Justice) (as added by
section 531 of this Act).
(d) Interim Briefings.--
(1) <<NOTE: Time period.>> In general.--Not less frequently
than once every 90 days during the covered period, the Secretary
of Defense, in consultation with the Secretary of Homeland
Security (with respect to the Coast Guard when it is not
operating as a service in the Navy), the Secretaries of the
military departments, and the Judge Advocates specified in
subsection (e), shall provide to the Committees on Armed
Services of the Senate and the House of Representatives, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives a briefing on the status of the
development of the plans required under subsections (a) through
(c).
[[Page 135 STAT. 1714]]
(2) <<NOTE: Definition.>> Covered period.--In this
subsection, the term ``covered period'' means the period
beginning on the date of the enactment of this Act and ending on
the date that is one year after the date of the enactment of
this Act.
(e) Judge Advocates Specified.--The Judge Advocates specified in
this subsection are the following:
(1) The Judge Advocate General of the Army.
(2) The Judge Advocate General of the Navy.
(3) The Judge Advocate General of the Air Force.
(4) The Staff Judge Advocate to the Commandant of the Marine
Corps.
(5) The Judge Advocate General of the Coast Guard.
SEC. 548. <<NOTE: 10 USC 1501 note prec.>> DETERMINATION AND
REPORTING OF MEMBERS MISSING, ABSENT
UNKNOWN, ABSENT WITHOUT LEAVE, AND DUTY
STATUS-WHEREABOUTS UNKNOWN.
(a) Comprehensive Review of Missing Persons Reporting.--The
Secretary of Defense shall instruct each Secretary of a military
department to perform a comprehensive review of the policies and
procedures of the military department concerned to determine and report
a member of an Armed Force under the jurisdiction of such Secretary of a
military department as missing, absent unknown, absent without leave, or
duty status-whereabouts unknown.
(b) Review of Installation-level Procedures.--In addition to such
other requirements as may be set forth by the Secretary of Defense
pursuant to subsection (a), each Secretary of a military department
shall, with regard to the military department concerned--
(1) direct each commander of a military installation,
including any tenant command or activity present on such
military installation, to review policies and procedures for
carrying out the determination and reporting activities
described in subsection (a); and
(2) <<NOTE: Updates.>> update such installation-level
policies and procedures, including any tenant command or
activity policies and procedures, to improve force protection,
enhance security for members living on the military
installation, and promote reporting at the earliest practicable
time to local law enforcement (at all levels) and Federal law
enforcement field offices with overlapping jurisdiction with
that installation, when a member is determined to be missing,
absent unknown, absent without leave, or duty status-whereabouts
unknown.
(c) Installation-specific Reporting Protocols.--
(1) In general.--Each commander of a military installation
shall establish a protocol applicable to all persons and
organizations present on the military installation, including
tenant commands and activities, for sharing information with
local and Federal law enforcement agencies about members who are
missing, absent-unknown, absent without leave, or duty status-
whereabouts unknown. <<NOTE: Notification.>> The protocol shall
provide for the immediate entry regarding the member concerned
in the Missing Persons File of the National Crimes Information
Center data and for the commander to immediately notify all
local law enforcement agencies with jurisdictions in the
immediate area of the military installation, when the status of
a member assigned to such installation has been determined
[[Page 135 STAT. 1715]]
to be missing, absent unknown, absent without leave, or duty
status-whereabouts unknown.
(2) Reporting to military installation command.--Each
commander of a military installation shall submit the protocol
established pursuant to paragraph (1) to the Secretary of the
military department concerned.
(d) Report Regarding National Guard.--Not later than June 1, 2022,
the Secretary of Defense shall submit, to the Committees on Armed
Services of the Senate and House of Representatives, a report on the
feasibility of implementing subsections (a), (b), and (c), with regards
to facilities of the National Guard. <<NOTE: Recommenda-
tions. Timeline. Determination.>> Such report shall include
recommendations of the Secretary, including a proposed timeline for
implementing the provisions of such subsections that the Secretary
determines feasible.
SEC. 549. ACTIVITIES TO IMPROVE FAMILY VIOLENCE PREVENTION AND
RESPONSE.
(a) Delegation of Authority to Authorize Exceptional Eligibility for
Certain Benefits.--Paragraph (4) of section 1059(m) of title 10, United
States Code, is amended to read as follows:
``(4)(A) Except as provided in subparagraph (B), the authority of
the Secretary concerned under paragraph (1) may not be delegated.
``(B) <<NOTE: Time period.>> During the two year period following
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 2022, the authority of the Secretary concerned under
paragraph (1) may be delegated to an official at the Assistant
Secretary-level or above. <<NOTE: Reports.>> Any exercise of such
delegated authority shall be reported to the Secretary concerned on a
quarterly basis.''.
(b) Extension of Requirement for Annual Family Advocacy Program
Report Regarding Child Abuse and Domestic Violence.--Section 574(a) of
the National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2141) is amended by striking ``April 30, 2021'' and
inserting ``April 30, 2026''.
(c) <<NOTE: 10 USC 1781 note.>> Implementation of Comptroller
General Recommendations.--
(1) <<NOTE: Consultations.>> In general.--Consistent with
the recommendations set forth in the report of the Comptroller
General of the United States titled ``Domestic Abuse: Actions
Needed to Enhance DOD's Prevention, Response, and Oversight''
(GAO-21-289), the Secretary of Defense, in consultation with the
Secretaries of the military departments, shall carry out the
activities specified in subparagraphs (A) through (K).
(A) <<NOTE: Deadline.>> Domestic abuse data.--Not
later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments, shall carry
out each of the following:
(i) Issue guidance to the Secretaries of the
military departments to clarify and standardize
the process for collecting and reporting data on
domestic abuse in the Armed Forces, including--
(I) data on the numbers and types of
domestic abuse incidents involving
members of the Armed Forces; and
[[Page 135 STAT. 1716]]
(II) data for inclusion in the
reports required to be submitted under
section 574 of the National Defense
Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2141).
(ii) Develop a quality control process to
ensure the accurate and complete reporting of data
on allegations of abuse involving a member of the
Armed Forces, including allegations of abuse that
do not meet the Department of Defense definition
of domestic abuse.
(iii) Expand the scope of any reporting to
Congress that includes data on domestic abuse in
the Armed Forces to include data on and analysis
of the types of allegations of domestic abuse.
(B) <<NOTE: Deadline.>> Domestic violence and
command action data.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretaries of the
military departments, shall--
(i) <<NOTE: Evaluation.>> evaluate the
organizations and elements of the Department of
Defense that are responsible for tracking domestic
violence incidents and the command actions taken
in response to such incidents to determine if
there are actions that may be carried out to--
(I) eliminate gaps and redundancies
in the activities of such organizations;
(II) ensure consistency in the
approaches of such organizations to the
tracking of such incidents and actions;
and
(III) otherwise improve the tracking
of such incidents and actions across the
Department;
(ii) based on the evaluation under clause (i),
clarify or adjust--
(I) the duties of such organizations
and elements; and
(II) the manner in which such
organizations and elements coordinate
their activities; and
(iii) issue guidance to the Secretaries of the
military departments to clarify and standardize
the information required to be collected and
reported to the database on domestic violence
incidents under section 1562 of title 10, United
States Code.
(C) <<NOTE: Notice.>> Regulations for violation of
civilian orders of protection.--The Secretary of Defense
shall revise or issue regulations (as applicable) to
ensure that each Secretary of a military department
provides, to any member of the Armed Forces under the
jurisdiction of such Secretary who is subject to a
civilian order of protection, notice that the violation
of such order may be punishable under chapter 47 of
title 10, United States Code (the Uniform Code of
Military Justice).
(D) Agreements with civilian victim service
organizations.--
(i) <<NOTE: Memorandum.>> Guidance
required.--The Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall issue guidance pursuant to
which personnel of a Family Advocacy Program at a
military installation may enter into memoranda
[[Page 135 STAT. 1717]]
of understanding with qualified civilian victim
service organizations for purposes of providing
services to victims of domestic abuse in
accordance with clause (ii).
(ii) <<NOTE: Determination.>> Contents of
agreement.--A memorandum of understanding entered
into under clause (i) shall provide that personnel
of a Family Advocacy Program at a military
installation may refer a victim of domestic abuse
to a qualified civilian victim service
organization if such personnel determine that--
(I) the services offered at the
installation are insufficient to meet
the victim's needs; or
(II) such a referral would otherwise
benefit the victim.
(E) Screening and reporting of initial
allegations.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall
develop and implement a standardized process--
(i) to ensure consistency in the manner in
which allegations of domestic abuse are screened
and documented at military installations,
including by ensuring that allegations of domestic
abuse are documented regardless of the severity of
the incident; and
(ii) to ensure consistency in the form and
manner in which such allegations are presented to
Incident Determination Committees.
(F) Implementation and oversight of incident
determination committees.--
(i) Implementation.--The Secretary of Defense,
in consultation with the Secretaries of the
military departments, shall ensure that Incident
Determination Committees are fully implemented
within each Armed Force.
(ii) Oversight and monitoring.--The Secretary
of Defense shall--
(I) direct the Under Secretary of
Defense for Personnel and Readiness to
conduct oversight of the activities of
the Incident Determination Committees of
the Armed Forces on an ongoing basis;
and
(II) establish a formal process
through which the Under Secretary will
monitor Incident Determination
Committees to ensure that the activities
of such Committees are conducted in an
consistent manner in accordance with the
applicable policies of the Department of
Defense and the Armed Forces.
(G) <<NOTE: Deadline. Regulations.>> Reasonable
suspicion standard for incident reporting.--Not later
than 90 days after the date of the enactment of the Act,
the Secretary of Defense, in consultation with the
Secretaries of the military departments, shall issue
regulations--
(i) <<NOTE: Requirement.>> under which the
personnel of a Family Advocacy Program shall be
required to report an allegation of domestic abuse
to an Incident Determination Committee if there is
reasonable suspicion that the abuse occurred; and
[[Page 135 STAT. 1718]]
(ii) that fully define and establish
standardized criteria for determining whether an
allegation of abuse meets the reasonable suspicion
standard referred to in clause (i).
(H) Guidance for victim risk assessment.--The
Secretary of Defense, in consultation with the
Secretaries of the military departments, shall issue
guidance that--
(i) identifies the risk assessment tools that
must be used by Family Advocacy Program personnel
to assess reports of domestic abuse; and
(ii) establishes minimum qualifications for
the personnel responsible for using such tools.
(I) Improving family advocacy program awareness
campaigns.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall
develop and implement--
(i) <<NOTE: Strategy.>> a communications
strategy to support the Armed Forces in increasing
awareness of the options and resources available
for reporting incidents of domestic abuse; and
(ii) metrics to evaluate the effectiveness of
domestic abuse awareness campaigns within the
Department of Defense and the Armed Forces,
including by identifying a target audience and
defining measurable objectives for such campaigns.
(J) Assessment of the disposition model for domestic
violence.--As part of the independent analysis required
by section 549C of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) the Secretary of Defense shall
include an assessment of--
(i) <<NOTE: Effective date.>> the risks and
consequences of the disposition model for domestic
violence in effect as of the date of the enactment
of this Act, including the risks and consequences
of such model with respect to--
(I) the eligibility of victims for
transitional compensation and other
benefits; and
(II) the eligibility of perpetrators
of domestic violence to possess firearms
and any related effects on the military
service of such individuals; and
(ii) the feasibility and advisability of
establishing alternative disposition models for
domestic violence, including an assessment of the
advantages and disadvantages of each proposed
model.
(K) Family advocacy program training.--
(i) Training for commanders and senior
enlisted advisors.--The Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall--
(I) ensure that the Family Advocacy
Program training provided to
installation-level commanders and senior
enlisted advisors of the Armed Forces
meets the applicable requirements of the
Department of Defense; and
(II) shall provide such additional
guidance and sample training materials
as may be necessary to improve the
consistency of such training.
[[Page 135 STAT. 1719]]
(ii) <<NOTE: Requirements.>> Training for
chaplains.--The Secretary of Defense shall--
(I) require that chaplains of the
Armed Forces receive Family Advocacy
Program training;
(II) establish content requirements
and learning objectives for such
training; and
(III) provide such additional
guidance and sample training materials
as may be necessary to effectively
implement such training.
(iii) Training completion data.--The Secretary
of Defense, in consultation with the Secretaries
of the military departments, shall develop a
process to ensure the quality and completeness of
data indicating whether members of the Armed
Forces who are required to complete Family
Advocacy Program training, including installation-
level commanders and senior enlisted advisors,
have completed such training.
(2) <<NOTE: Deadline.>> General implementation date.--
Except as otherwise provided in paragraph (1), the Secretary of
Defense shall complete the implementation of the activities
specified in such paragraph by not later than one year after the
date of the enactment of this Act.
(3) <<NOTE: Deadline.>> Quarterly status briefing.--Not
later than 90 days after the date of the enactment of this Act
and on a quarterly basis thereafter until the date on which all
of the activities specified in paragraph (1) have been
implemented, the Secretary of Defense shall provide to the
appropriate congressional committees a briefing on the status of
the implementation of such activities.
(d) Information on Services for Military Families.--Each Secretary
of a military department shall ensure that a military family member who
reports an incident of domestic abuse or child abuse and neglect to a
Family Advocacy Program under the jurisdiction of such Secretary
receives comprehensive information, in a clear and easily understandable
format, on the services available to such family member in connection
with such incident. Such information shall include a complete guide to
the following:
(1) The Family Advocacy Program of the Armed Force or
military department concerned.
(2) Military law enforcement services, including an
explanation of the process that follows a report of an incident
of domestic abuse or child abuse or neglect.
(3) Other applicable victim services.
(e) Reports on Staffing Levels for Family Advocacy Programs.--
(1) <<NOTE: Time period.>> In general.--Not later than 180
days after the date on which the staffing tool described in
paragraph (2) becomes operational, and on an annual basis
thereafter for the following five years, the Secretary of
Defense shall submit to the appropriate congressional committees
a report setting forth the following:
(A) Military, civilian, and contract support
staffing levels for the Family Advocacy Programs of the
Armed Forces at each military installation so staffed as
of the date of the report.
[[Page 135 STAT. 1720]]
(B) <<NOTE: Recommenda- tions.>> Recommendations
for ideal staffing levels for the Family Advocacy
Programs, as identified by the staffing tool.
(2) Staffing tool described.--The staffing tool described in
this paragraph is a tool that will be used to assist the
Department in determining adequate staffing levels for Family
Advocacy Programs.
(3) Comptroller general review.--
(A) In general.--Following the submission of the
first annual report required under paragraph (1), the
Comptroller General of the United States shall conduct a
review of the staffing of the Family Advocacy Programs
of the Armed Forces.
(B) <<NOTE: Assessments.>> Elements.--The review
conducted under subparagraph (A) shall include an
assessment of each of the following:
(i) The extent to which the Armed Forces have
filled authorized billets for Family Advocacy
program manager, clinician, and victim advocate
positions.
(ii) The extent to which the Armed Forces have
experienced challenges filling authorized Family
Advocacy Program positions, and how such
challenges, if any, have affected the provision of
services.
(iii) The extent to which the Department of
Defense and Armed Forces have ensured that Family
Advocacy Program clinicians and victim advocates
meet qualification and training requirements.
(iv) The extent to which the Department of
Defense has established metrics to evaluate the
effectiveness of the staffing tool described in
paragraph (2).
(C) Briefing and report.--
(i) <<NOTE: Deadline.>> Briefing.--Not later
than one year following the submission of the
first annual report required under paragraph (1),
the Comptroller General shall provide to the
Committees on Armed Services of the Senate and the
House of Representatives a briefing on the
preliminary observations made by the Comptroller
General as part of the review required under
subparagraph (A).
(ii) Report.--Not later than 90 days after the
date of the briefing under clause (i), the
Comptroller General shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the results of the
review conducted under subparagraph (A).
(f) Study and Briefing on Initial Entry Points.--
(1) Study.--The Secretary of Defense shall conduct a study
to identify initial entry points (including anonymous entry
points) through which military family members may seek
information or support relating to domestic abuse or child abuse
and neglect. <<NOTE: Assessments.>> Such study shall include an
assessment of--
(A) points at which military families interact with
the Armed Forces or the Department of Defense through
which such information or support may be provided to
family members, including points such as enrollment in
the Defense Enrollment Eligibility Reporting System, and
the issuance of identification cards; and
[[Page 135 STAT. 1721]]
(B) other existing and potential routes through
which such family members may seek information or
support from the Armed Forces or the Department,
including online chat rooms, text-based support
capabilities, and software applications for smartphones.
(2) <<NOTE: Deadline.>> Briefing.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Defense shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing setting forth
the results of the study conducted under paragraph (1).
(g) <<NOTE: 10 USC 1781 note.>> Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the Committees on Armed Services of the Senate and the House of
Representatives.
(2) The term ``civilian order of protection'' has the
meaning given that term in section 1561a of title 10, United
States Code.
(3) The term ``disposition model for domestic violence''
means the process to determine--
(A) the disposition of charges of an offense of
domestic violence under section 928b of title 10, United
States Code (article 128b of the Uniform Code of
Military Justice); and
(B) consequences of such disposition for members of
the Armed Forces determined to have committed such
offense and the victims of such offense.
(4) The term ``Incident Determination Committee'' means a
committee established at a military installation that is
responsible for reviewing reported incidents of domestic abuse
and determining whether such incidents constitute harm to the
victims of such abuse according to the applicable criteria of
the Department of Defense.
(5) The term ``qualified civilian victim service
organization'' means an organization outside the Department of
Defense that--
(A) is approved by the Secretary of Defense for the
purpose of providing legal or other services to victims
of domestic abuse; and
(B) is located in a community surrounding a military
installation.
(6) The term ``risk assessment tool'' means a process or
technology that may be used to evaluate a report of an incident
of domestic abuse to determine the likelihood that the abuse
will escalate or recur.
SEC. 549A. <<NOTE: 10 USC 1561 note prec.>> ANNUAL PRIMARY
PREVENTION RESEARCH AGENDA.
(a) <<NOTE: Effective date. Time period. Publication.>> In
General.--Beginning on October 1, 2022, and annually on the first day of
each fiscal year thereafter, the Secretary of Defense shall publish a
Department of Defense research agenda for that fiscal year, focused on
the primary prevention of interpersonal and self-directed violence,
including sexual assault, sexual harassment, domestic violence, child
abuse and maltreatment, problematic juvenile sexual behavior, suicide,
workplace violence, and substance misuse.
(b) Elements.--Each annual primary prevention research agenda
published under subsection (a) shall--
(1) identify research priorities for that fiscal year;
[[Page 135 STAT. 1722]]
(2) <<NOTE: Determination.>> assign research projects and
tasks to the military departments and other components of the
Department of Defense, as the Secretary of Defense determines
appropriate;
(3) allocate or direct the allocation of appropriate
resourcing for each such project and task; and
(4) be directive in nature and enforceable across all
components of the Department of Defense, including with regard
to--
(A) <<NOTE: Records. Data.>> providing for timely
access to records, data and information maintained by
any component of the Department of Defense that may be
required in furtherance of an assigned research project
or task;
(B) ensuring the sharing across all components of
the Department of Defense of the findings and the
outcomes of any research project or task; and
(C) <<NOTE: Determination.>> any other matter
determined by the Secretary of Defense.
(c) Guiding Principles.--The primary prevention research agenda
should, as determined by the Secretary of Defense--
(1) reflect a preference for research projects and tasks
with the potential to yield or contribute to the development and
implementation of actionable primary prevention strategies in
the Department of Defense;
(2) be integrated, so as to discover or test cross-cutting
interventions across the spectrum of interpersonal and self-
directed violence;
(3) incorporate collaboration with other Federal departments
and agencies, State governments, academia, industry, federally
funded research and development centers, non-profit
organizations, and other organizations outside of the Department
of Defense; and
(4) minimize unnecessary duplication of effort.
(d) Budgeting.--The Secretary of Defense shall create a unique
Program Element for and shall prioritize recurring funding to ensure the
continuity of research pursuant to the annual primary prevention
research agenda.
SEC. 549B. <<NOTE: 10 USC 501 note prec.>> PRIMARY PREVENTION
WORKFORCE.
(a) Establishment.--The Secretary of Defense shall establish a
Primary Prevention Workforce to provide a comprehensive and integrated
program across the Department of Defense enterprise for the primary
prevention of interpersonal and self-directed violence, including sexual
assault, sexual harassment, domestic violence, child abuse and
maltreatment, problematic juvenile sexual behavior, suicide, workplace
violence, and substance misuse.
(b) Primary Prevention Workforce Model.--
(1) <<NOTE: Reports.>> In general.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report setting forth a holistic model for a
dedicated and capable Primary Prevention Workforce in the
Department of Defense.
(2) Elements.--The model required under paragraph (1) shall
include the following elements:
(A) A description of Primary Prevention Workforce
roles, responsibilities, and capabilities, including--
[[Page 135 STAT. 1723]]
(i) the conduct of research and analysis;
(ii) advising all levels of military
commanders and leaders;
(iii) designing and writing strategic and
operational primary prevention policies and
programs;
(iv) integrating and analyzing data; and
(v) implementing, evaluating, and adapting
primary prevention programs and activities, to
include developing evidence-based training and
education programs for Department personnel that
is appropriately tailored by rank, occupation, and
environment.
(B) The design and structure of the Primary
Prevention Workforce, including--
(i) consideration of military, civilian, and
hybrid manpower options;
(ii) the comprehensive integration of the
workforce from strategic to tactical levels of the
Department of Defense and its components; and
(iii) mechanisms for individuals in workforce
roles to report to and align with installation-
level and headquarters personnel.
(C) <<NOTE: Strategies. Plans.>> Strategies, plans,
and systematic approaches for recruiting, credentialing,
promoting, and sustaining the diversity of work force
roles comprising a professional workforce dedicated to
primary prevention.
(D) The creation of a professional, primary
prevention credential that standardizes a common base of
education and experience across the prevention
workforce, coupled with knowledge development and skill
building requirements built into the career cycle of
prevention practitioners such that competencies and
expertise increase over time.
(E) <<NOTE: Determination.>> Any other matter the
Secretary of Defense determines necessary and
appropriate to presenting an accurate and complete model
of the Primary Prevention Workforce.
(c) Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretaries of the military
departments and the Chief of the National Guard Bureau each
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report detailing how the military services and
the National Guard, as applicable, will adapt and implement the
primary prevention workforce model set forth in the report
required under subsection (b).
(2) Elements.--Each report submitted under subsection (a)
shall include a description of--
(A) expected milestones to implement the prevention
workforce in the component at issue;
(B) challenges associated with implementation of the
workforce and the strategies for addressing such
challenges; and
(C) additional authorities that may be required to
optimize implementation and operation of the workforce.
(d) Operating Capability Deadline.--The Primary Prevention Workforce
authorized under this section shall attain initial operating capability
in each military department and military service
[[Page 135 STAT. 1724]]
and in the National Guard by not later than the effective date specified
in section 539C.
SEC. 549C. REFORM AND IMPROVEMENT OF MILITARY CRIMINAL
INVESTIGATIVE ORGANIZATIONS.
(a) <<NOTE: Deadline.>> Evaluation and Plan for Reform.--Not later
than one year after the date of the enactment of this Act, each
Secretary concerned shall--
(1) complete an evaluation of the effectiveness of the
military criminal investigative organization under the
jurisdiction of such Secretary: and
(2) <<NOTE: Reports.>> submit to the appropriate
congressional committees a report that includes--
(A) the results of the evaluation conducted under
paragraph (1); and
(B) <<NOTE: Determination. Proposal.>> based on
such results, if the Secretary determines that reform to
the military criminal investigative organization under
the jurisdiction of such Secretary is advisable, a
proposal for reforming such organization to ensure that
the organization effectively meets the demand for
complex investigations and other emerging mission
requirements.
(b) Implementation Plan.--
(1) <<NOTE: Deadline. Determination.>> In general.--Not
later than two years after the date of the enactment of this
Act, each Secretary concerned shall submit to the appropriate
congressional committees a plan to implement, to the extent
determined appropriate by such Secretary, the reforms to the
military criminal investigative organization proposed by such
Secretary under subsection (a) to ensure that such organization
is capable of professionally investigating criminal misconduct
under its jurisdiction.
(2) Elements.--Each plan under paragraph (1) shall include,
with respect to the military criminal investigative organization
under the jurisdiction of the Secretary concerned, the
following:
(A) <<NOTE: Requirements.>> The requirements that
such military criminal investigative organization must
meet to effectively carry out criminal investigative and
other law enforcement missions in 2022 and subsequent
years.
(B) The resources that will be needed to ensure that
each such military criminal investigative organization
can achieve its mission.
(C) <<NOTE: Analysis.>> An analysis of factors
affecting the performance of such military criminal
investigate organization, including--
(i) whether appropriate technological
investigative tools are available and accessible
to such organization; and
(ii) whether the functions of such
organization would be better supported by civilian
rather than military leadership.
(D) For each such military criminal investigative
organization--
(i) the number of military personnel assigned
to the organization;
(ii) the number of civilian personnel assigned
to the organization; and
[[Page 135 STAT. 1725]]
(iii) the functions of such military and
civilian personnel.
(E) <<NOTE: Plans.>> A description of any plans of
the Secretary concerned to develop a more professional
workforce of military and civilian investigators.
(F) <<NOTE: Timeline.>> A proposed timeline for the
reform of such military investigative organization.
(G) An explanation of the potential benefits of such
reforms, including a description of--
(i) specific improvements that are expected to
result from the reforms; and
(ii) whether the reforms will improve
information sharing across military criminal
investigative organizations.
(H) With respect to the military criminal
investigative organization of the Army, an explanation
of how the plan will--
(i) address the findings of the report of the
Fort Hood Independent Review Committee, dated
November 6, 2020; and
(ii) coordinate with any other internal reform
efforts of the Army.
(c) Limitation on the Changes to Training Locations.--In carrying
out this section, the Secretary concerned may not change the locations
at which military criminal investigative training is provided to members
of the military criminal investigative organization under the
jurisdiction of such Secretary until--
(1) the implementation plan under subsection (b) is
submitted to the appropriate congressional committees; and
(2) <<NOTE: Time period. Notification.>> a period of 60
days has elapsed following the date on which the Secretary
notifies the appropriate congressional committees of the
Secretary's intent to move such training to a different
location.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of
the Senate; and
(B) the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the
House of Representatives.
(2) The term ``military criminal investigative
organization'' means each organization or element of the
Department of Defense or the Armed Forces that is responsible
for conducting criminal investigations, including--
(A) the Army Criminal Investigation Command;
(B) the Naval Criminal Investigative Service;
(C) the Air Force Office of Special Investigations;
(D) the Coast Guard Investigative Service; and
(E) the Defense Criminal Investigative Service.
(3) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect to the
Army Criminal Investigation Command;
(B) the Secretary of the Navy, with respect to the
Naval Criminal Investigative Service;
[[Page 135 STAT. 1726]]
(C) the Secretary of the Air Force, with respect to
the Air Force Office of Special Investigations;
(D) the Secretary of Homeland Security, with respect
to the Coast Guard Investigative Service; and
(E) the Secretary of Defense, with respect to the
Defense Criminal Investigative Service.
SEC. 549D. <<NOTE: 10 USC 827 note.>> MILITARY DEFENSE COUNSEL.
Each Secretary of a military department shall--
(1) ensure that military defense counsel have timely and
reliable access to and funding for defense investigators, expert
witnesses, trial support, pre-trial and post-trial support,
paralegal support, counsel travel, and other necessary
resources;
(2) ensure that military defense counsel detailed to
represent a member of the Armed Forces accused of a covered
offense (as defined in section 801(17) of title 10, United
States Code (article 1(17) of the Uniform Code of Military
Justice), as added by section 533 of this Act) are well-trained
and experienced, highly skilled, and competent in the defense of
cases involving covered offenses; and
(3) take or direct such other actions regarding military
defense counsel as may be warranted in the interest of the fair
administration of justice.
SEC. 549E. <<NOTE: Deadline. 10 USC 946 note.>> FULL
FUNCTIONALITY OF MILITARY JUSTICE REVIEW
PANEL.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Defense shall establish or reconstitute, maintain, and
ensure the full functionality of the Military Justice Review Panel
established pursuant to section 946 of title 10, United States Code
(article 146 of the Uniform Code of Military Justice)).
SEC. 549F. MILITARY SERVICE INDEPENDENT RACIAL DISPARITY REVIEW.
(a) <<NOTE: Assessment.>> Review Required.--Each Secretary of a
military department shall conduct an assessment of racial disparity in
military justice and discipline processes and military personnel
policies, as they pertain to minority populations.
(b) <<NOTE: Recommenda- tions. Determination.>> Report Required.--
Not later than one year after the date of the enactment of this Act,
each Secretary of a military department shall submit to the Committees
on Armed Services of the Senate and the House of Representatives and the
Comptroller General of the United States a report detailing the results
of the assessment required by subsection (a), together with
recommendations for statutory or regulatory changes as the Secretary
concerned determines appropriate.
(c) Comptroller General Report.--Not later than 180 days after
receiving the reports submitted under subsection (b), the Comptroller
General shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report comparing the military service
assessments on racial disparity conducted under subsection (a) to
existing reports assessing racial disparity in civilian criminal justice
systems in the United States.
(d) Definitions.--In this section:
(1) Military justice; discipline processes.--The terms
``military justice'' and ``discipline processes'' refer to all
facets of the military justice system, including investigation,
the use
[[Page 135 STAT. 1727]]
of administrative separations and other administrative
sanctions, non-judicial punishment, panel selection, pre-trial
confinement, the use of solitary confinement, dispositions of
courts-martial, sentencing, and post-trial processes.
(2) Military personnel policies.--The term ``military
personnel policies'' includes accession rates and policies,
retention rates and policies, promotion rates, assignments,
professional military education selection and policies, and
career opportunity for minority members of the Armed Forces.
(3) Minority populations.--The term ``minority populations''
includes Black, Hispanic, Asian/Pacific Islander, American
Indian, and Alaska Native populations.
SEC. 549G. INCLUSION OF RACE AND ETHNICITY IN ANNUAL REPORTS ON
SEXUAL ASSAULTS; REPORTING ON RACIAL AND
ETHNIC DEMOGRAPHICS IN THE MILITARY
JUSTICE SYSTEM.
(a) Annual Reports on Racial and Ethnic Demographics in the Military
Justice System.--
(1) In general.--Chapter 23 of title 10, United States Code,
is amended by inserting after section 485 the following new
section:
``Sec. 486. <<NOTE: 10 USC 486.>> Annual reports on racial and
ethnic demographics in the military justice system
``(a) In General.--Not later than March 1 of each year, the
Secretary of each military department shall submit to the Secretary of
Defense a report on racial, ethnic, and sex demographics in the military
justice system during the preceding year. In the case of the Secretary
of the Navy, separate reports shall be prepared for the Navy and for the
Marine Corps. In the case of the Secretary of the Air Force, separate
reports shall be prepared for the Air Force and for the Space Force.
``(b) Contents.--The report of a Secretary of a military department
for an armed force under subsection (a) shall contain, to the extent
possible, statistics on offenses under chapter 47 of this title (the
Uniform Code of Military Justice), during the year covered by the
report, including--
``(1) the number of offenses in the armed force that were
reported to military officials, disaggregated by--
``(A) statistical category as related to the victim;
and
``(B) statistical category as related to the
principal;
``(2) the number of offenses in the armed forces that were
investigated, disaggregated by statistical category as related
to the principal;
``(3) the number of offenses in which administrative action
was imposed, disaggregated by statistical category as related to
the principal and each type of administrative action imposed;
``(4) the number of offenses in which non judicial
punishment was imposed under section 815 of this title (article
15 of the Uniform Code of Military Justice), disaggregated by
statistical category as related to the principal;
``(5) the number of offenses in which charges were
preferred, disaggregated by statistical category as related to
the principal;
``(6) the number of offenses in which charges were referred
to court-martial, disaggregated by statistical category as
related to the principal and type of court-martial;
[[Page 135 STAT. 1728]]
``(7) the number of offenses which resulted in conviction at
court-martial, disaggregated by statistical category as related
to the principal and type of court-martial; and
``(8) the number of offenses which resulted in acquittal at
court-martial, disaggregated by statistical category as related
to the principal and type of court-martial.
``(c) Submission to Congress.--Not later than April 30 of each year
in which the Secretary of Defense receives reports under subsection (a),
the Secretary of Defense shall forward the reports to the Committees on
Armed Services of the Senate and the House of Representatives.
``(e) Definitions.--In this section:
``(1) The term `statistical category' means each of the
following categories:
``(A) race;
``(B) sex;
``(C) ethnicity;
``(D) rank; and
``(E) offense enumerated under chapter 47 of this
title (the Uniform Code of Military Justice).
``(2) The term `principal' has the meaning given that term
in section 877 of this title (article 77 of the Uniform Code of
Military Justice).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 23 of such title <<NOTE: 10 USC 480
prec.>> is amended by inserting after the item relating to
section 485 the following new item:
``486. Annual reports on racial and ethnic demographics in the military
justice system.''.
(b) <<NOTE: 10 USC 1561 note.>> Policy Required.--
(1) <<NOTE: Deadline.>> Requirement.--Not later than two
years after the date of the enactment of this Act, the Secretary
of Defense shall prescribe a policy requiring information on the
race and ethnicity of accused individuals to be included to the
maximum extent practicable in the annual report required under
section 1631 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561
note).
(2) <<NOTE: Determination.>> Exclusion.--The policy
prescribed under paragraph (1) may provide for the exclusion of
such information based on privacy concerns, impacts on
accountability efforts, or other matters of importance as
determined and identified in such policy by the Secretary.
(3) Publicly available.--The Secretary of Defense shall make
publicly available the information described in paragraph (1),
subject to the exclusion of such information pursuant to
paragraph (2).
(4) Sunset.--The requirements of this subsection shall
terminate on May 1, 2028.
SEC. 549H. DOD SAFE HELPLINE AUTHORIZATION TO PERFORM INTAKE OF
OFFICIAL RESTRICTED AND UNRESTRICTED
REPORTS FOR ELIGIBLE ADULT SEXUAL
ASSAULT VICTIMS.
Section 584 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 10 U.S.C. 1561 note) is amended--
(1) by redesignating subsection (d) as subsection (e); and
[[Page 135 STAT. 1729]]
(2) by inserting after subsection (c) the following new
subsection:
``(d) Authorizations for DoD Safe Helpline.--
``(1) Providing support and receiving official reports.--DoD
Safe Helpline (or any successor service to DoD Safe Helpline, if
any, as identified by the Secretary of Defense) is authorized to
provide crisis intervention and support and to perform the
intake of official reports of sexual assault from eligible adult
sexual assault victims who contact the DoD Safe Helpline or
other reports as directed by the Secretary of Defense.
``(2) Training and oversight.--DoD Safe Helpline staff shall
have specialized training and appropriate certification to
support eligible adult sexual assault victims.
``(3) <<NOTE: Regulations.>> Eligibility and procedures.--
The Secretary of Defense shall prescribe regulations regarding
eligibility for DoD Safe Helpline services, procedures for
providing crisis intervention and support, and accepting
reports.
``(4) Electronic receipt of official reports of adult sexual
assaults.--DoD Safe Helpline shall provide the ability to
receive reports of adult sexual assaults through the DoD Safe
Helpline website and mobile phone applications, in a secure
manner consistent with appropriate protection of victim privacy,
and may offer other methods of receiving electronic submission
of adult sexual assault reports, as appropriate, in a manner
that appropriately protects victim privacy.
``(5) Types of reports.--Reports of sexual assault from
eligible adult sexual assault victims received by DoD Safe
Helpline (or a successor as determined by the Secretary of
Defense) shall include unrestricted and restricted reports, or
other reports as directed by the Secretary of Defense.
``(6) Option for entry into the catch a serial offender
system.--An individual making a restricted report (or a relevant
successor type of report or other type of appropriate report, as
determined by the Secretary of Defense) to the DoD Safe Helpline
(or a successor as determined by the Secretary of Defense) shall
have the option to submit information related to their report to
the Catch a Serial Offender system (or its successor or similar
system as determined by the Secretary of Defense).''.
SEC. 549I. EXTENSION OF ANNUAL REPORT REGARDING SEXUAL ASSAULTS
INVOLVING MEMBERS OF THE ARMED FORCES.
Section 1631(a) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note) is
amended by striking ``through March 1, 2021'' and inserting ``through
March 1, 2026''.
SEC. 549J. STUDY AND REPORT ON SEXUAL ASSAULT RESPONSE COORDINATOR
MILITARY OCCUPATIONAL SPECIALTY.
(a) <<NOTE: Deadline. Determination.>> Study.--Beginning not later
than 30 days after the date of the enactment of this Act, the Secretary
of Defense shall initiate a personnel study to determine--
(1) the feasibility and advisability of creating a military
occupational speciality for Sexual Assault Response
Coordinators; and
[[Page 135 STAT. 1730]]
(2) if determined to be feasible and advisable, the optimal
approach to establishing and maintaining such a military
occupational speciality.
(b) Report and Briefing.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act the Secretary of Defense shall submit to
the congressional defense committees a report on the results of
the study conducted under subsection (a).
(2) <<NOTE: Deadline.>> Briefing.--Not later than 30 days
after the date on which the report is submitted under paragraph
(1), the Secretary of Defense shall provide to the congressional
defense committees a briefing on the results of the study
conducted under subsection (a).
(c) Elements.--The report and briefing under subsection (b) shall
include the following:
(1) <<NOTE: Determination.>> The determination of the
Secretary of Defense as to whether creating a military
occupational speciality for Sexual Assault Response Coordinators
is feasible and advisable.
(2) <<NOTE: Determination. Analyses.>> If the Secretary
determines that the creation of such a specialty is feasible and
advisable--
(A) <<NOTE: Recommenda- tions.>> a recommendation
on the rank and level of experience required for a
military occupational speciality for Sexual Assault
Response Coordinators;
(B) <<NOTE: Recommenda- tions.>> recommendations
for strengthening recruitment and retention of members
of the Armed Forces of the required rank and experience
identified under subparagraph (A), including
recommendations with respect to--
(i) designating Sexual Assault Response
Coordinators as a secondary military occupational
speciality instead of a primary military
occupational speciality;
(ii) providing initial or recurrent bonuses or
duty stations of choice to members who qualify for
the military occupational speciality for Sexual
Assault Response Coordinators;
(iii) limiting the amount of time that a
member who has qualified for such military
occupational speciality can serve as a Sexual
Assault Response Coordinator in a given period; or
(iv) requiring evaluations, completed by an
officer in the rank of O-6 or higher, for members
who have qualified for such military occupational
speciality and are serving as a Sexual Assault
Response Coordinator;
(C) <<NOTE: Recommenda- tions.>> recommendations
for standardizing training and education for members of
the Armed Forces seeking a military occupational
speciality for Sexual Assault Response Coordinators or
those serving as a Sexual Assault Response Coordinator,
including by establishing dedicated educational programs
for such members within each Armed Force;
(D) an analysis of the impact of a military
occupational speciality for Sexual Assault Response
Coordinators on the personnel management of the existing
Sexual Assault Response Coordinator program, including
recruitment and retention;
(E) an analysis of the requirements for a Sexual
Assault Response Coordinator-specific chain of command;
[[Page 135 STAT. 1731]]
(F) analysis of the costs of establishing and
maintaining a military occupational speciality for
Sexual Assault Response Coordinators;
(G) analysis of the potential impacts of a military
occupational specialty for Sexual Assault Response
Coordinators on the mental health of personnel within
the specialty; and
(H) <<NOTE: Determination.>> any other matters the
Secretary of Defense determines relevant for inclusion.
SEC. 549K. AMENDMENTS TO ADDITIONAL DEPUTY INSPECTOR GENERAL OF
THE DEPARTMENT OF DEFENSE.
Section 554(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) <<NOTE: 10
USC 141 note.>> is amended--
(1) in the section heading, by striking ``deputy'' and
inserting ``assistant'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``Secretary of Defense'' and
inserting ``Inspector General of the Department of
Defense''; and
(ii) by striking ``Deputy'' and inserting
``Assistant'';
(B) in subparagraph (A), by striking ``of the
Department''; and
(C) in subparagraph (B), by striking ``report
directly to and serve'' and inserting ``be'';
(3) in paragraph (2)--
(A) in the matter preceding clause (i) of
subparagraph (A)--
(i) by striking ``Conducting and supervising''
and inserting ``Developing and carrying out a plan
for the conduct of comprehensive oversight,
including through the conduct and supervision
of''; and
(ii) by striking ``evaluations'' and inserting
``inspections,'';
(B) in clause (ii) of subparagraph (A), by striking
``, including the duties of the Inspector General under
subsection (b)''; and
(C) in subparagraph (B), by striking ``Secretary
or'';
(4) in paragraph (3)(A) in the matter preceding subparagraph
(A), by striking ``Deputy'' and inserting ``Assistant'';
(5) in paragraph (4)--
(A) in subparagraph (A), by striking ``Deputy'' each
place it appears and inserting ``Assistant'';
(B) in subparagraph (B)--
(i) by striking ``Deputy'' the first place it
appears;
(ii) by striking ``and the Inspector
General'';
(iii) by striking ``Deputy'' the second place
it appears and inserting ``Assistant''; and
(iv) by inserting before the period at the end
the following: ``, for inclusion in the next
semiannual report of the Inspector General under
section 5 of the Inspector General Act of 1978 (5
U.S.C. App.).'';
(C) in subparagraph (C)--
(i) by striking ``Deputy''; and
(ii) by striking ``and Inspector General'';
(D) in subparagraph (D)--
[[Page 135 STAT. 1732]]
(i) by striking ``Deputy'';
(ii) by striking ``and the Inspector
General'';
(iii) by striking ``Secretary or''; and
(iv) by striking ``direct'' and inserting
``determine''; and
(E) in subparagraph (E)--
(i) by striking ``Deputy''; and
(ii) by striking ``of the Department'' and all
that follows through ``Representatives'' and
inserting ``consistent with the requirements of
the Inspector General Act of 1978 (5 U.S.C.
App.).''.
SEC. 549L. IMPROVED DEPARTMENT OF DEFENSE PREVENTION OF, AND
RESPONSE TO, BULLYING IN THE ARMED
FORCES.
Section 549 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is amended--
(1) in the section heading, by inserting ``and bullying''
after ``hazing'';
(2) in subsection (a)--
(A) in the heading, by inserting ``and anti-
bullying'' after ``Anti-hazing''; and
(B) by inserting ``or bullying'' after ``hazing''
both places it appears;
(3) in subsection (b), by inserting ``and bullying'' after
``hazing''; and
(4) in subsection (c)--
(A) in the heading, by inserting ``and bullying''
after ``hazing'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``January 31 of each
year through January 31, 2021'' and
inserting ``May 31, 2023, and annually
thereafter for five years,''; and
(II) by striking ``each Secretary of
a military department, in consultation
with the Chief of Staff of each Armed
Force under the jurisdiction of such
Secretary,'' and inserting ``the
Secretary of Defense'';
(ii) in subparagraph (A), by inserting ``or
bullying'' after ``hazing''; and
(iii) in subparagraph (C), by inserting ``and
anti-bullying'' after ``anti-hazing''; and
(C) in amending paragraph (2) to read as follows:
``(2) Additional elements.--Each report required by this
subsection shall include the following:
``(A) A description of comprehensive data-collection
systems of each Armed Force described in subsection (b)
and the Office of the Secretary of Defense for
collecting hazing or bullying reports involving a member
of the Armed Forces.
``(B) A description of processes of each Armed Force
described in subsection (b) to identify, document, and
report alleged instances of hazing or bullying. Such
description shall include the methodology each such
Armed Force uses to categorize and count potential
instances of hazing or bullying.
[[Page 135 STAT. 1733]]
``(C) <<NOTE: Assessment.>> An assessment by each
Secretary of a military department of the quality and
need for training on recognizing and preventing hazing
and bullying provided to members under the jurisdiction
of such Secretary.
``(D) <<NOTE: Assessment.>> An assessment by the
Office of the Secretary of Defense of--
``(i) the effectiveness of each Armed Force
described in subsection (b) in tracking and
reporting instances of hazing or bullying;
``(ii) whether the performance of each such
Armed Force was satisfactory or unsatisfactory in
the preceding fiscal year.
``(E) <<NOTE: Recommenda- tions.>> Recommendations
of the Secretary to improve--
``(i) elements described in subparagraphs (A)
through (D).
``(ii) the Uniform Code of Military Justice or
the Manual for Courts-Martial to improve the
prosecution of persons alleged to have committed
hazing or bullying in the Armed Forces.
``(F) The status of efforts of the Secretary to
evaluate the prevalence of hazing and bullying in the
Armed Forces.
``(G) <<NOTE: Data.>> Data on allegations of hazing
and bullying in the Armed Forces, including final
disposition of investigations.
``(H) <<NOTE: Plans.>> Plans of the Secretary to
improve hazing and bullying prevention and response
during the next reporting year.''.
SEC. 549M. <<NOTE: Reports.>> RECOMMENDATIONS ON SEPARATE
PUNITIVE ARTICLE IN THE UNIFORM CODE OF
MILITARY JUSTICE ON VIOLENT EXTREMISM.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
containing such recommendations as the Secretary considers appropriate
with respect to the establishment of a separate punitive article in
chapter 47 of title 10, United States Code (the Uniform Code of Military
Justice), on violent extremism.
SEC. 549N. COMBATING FOREIGN MALIGN INFLUENCE.
Section 589E of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) <<NOTE: 10
USC 2001 note prec.>> is amended--
(1) by striking subsections (d) and (e); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) <<NOTE: Deadline.>> Establishment of Working Group.--(1) Not
later than one year after the date of the enactment of this subsection,
the Secretary of Defense shall establish a working group to assist the
official designated under subsection (b), as follows:
``(A) In the identification of mediums used by covered
foreign countries to identify, access, and endeavor to influence
servicemembers and Department of Defense civilian employees
through foreign malign influence campaigns and the themes
conveyed through such mediums.
[[Page 135 STAT. 1734]]
``(B) <<NOTE: Coordination.>> In coordinating and
integrating the training program under this subsection in order
to enhance and strengthen servicemember and Department of
Defense civilian employee awareness of and defenses against
foreign malign influence, including by bolstering information
literacy.
``(C) In such other tasks deemed appropriate by the
Secretary of Defense or the official designated under subsection
(b).
``(2) <<NOTE: Consultation.>> The official designed under
subsection (b) and the working group established under this subsection
shall consult with the Foreign Malign Influence Response Center
established pursuant to section 3059 of title 50, United States Code.
``(e) Report Required.--Not later than 18 months after the
establishment of the working group, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the working group, its
activities, the effectiveness of the counter foreign malign influence
activities carried out under this section, the metrics applied to
determined effectiveness, and the actual costs associated with actions
undertaken pursuant to this section.
``(f) Definitions.--In this section:
``(1) Foreign malign influence.--The term `foreign malign
influence' has the meaning given that term in section 119C of
the National Security Act of 1947 (50 U.S.C. 3059).
``(2) Covered foreign country.--The term `covered foreign
country' has the meaning given that term in section 119C of the
National Security Act of 1947 (50 U.S.C. 3059)
``(3) Information literacy.--The term `information literacy'
means the set of skills needed to find, retrieve, understand,
evaluate, analyze, and effectively use information (which
encompasses spoken and broadcast words and videos, printed
materials, and digital content, data, and images).''.
Subtitle F--Member Education, Training, and Transition
SEC. 551. TROOPS-TO-TEACHERS PROGRAM.
(a) Requirement to Carry Out Program.--Section 1154(b) of title 10,
United States Code, is amended by striking ``may'' and inserting
``shall''.
(b) Reporting Requirement.--Section 1154 of title 10, United States
Code, is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Annual Report.--(1) Not later than December 1, 2022, and
annually thereafter, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the Program.
``(2) The report required under paragraph (1) shall include the
following elements:
``(A) The total cost of the Program for the most recent
fiscal year.
``(B) The total number of teachers placed during such fiscal
year and the locations of such placements.
[[Page 135 STAT. 1735]]
``(C) <<NOTE: Assessment.>> An assessment of the STEM
backgrounds of the teachers placed, the number of placements in
high-need schools, and any other metric or information the
Secretary considers appropriate to illustrate the cost and
benefits of the program to members of the armed forces,
veterans, and local educational agencies.
``(3) <<NOTE: Definition.>> In this subsection, the term
`appropriate congressional committees' means--
``(A) the Committee on Armed Services and the Committee on
Help, Education, Labor, and Pensions of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Education and Labor of the House of Representatives.''.
(c) Sunset.--Section 1154 of title 10, United States Code, as
amended by subsection (b), is further amended by adding at the end the
following new subsection:
``(k) Sunset.--The Program shall terminate on July 1, 2025, with
respect to the selection of new participants for the program.
Participants in the Program as of that date may complete their program,
and remain eligible for benefits under this section.''.
SEC. 552. CODIFICATION OF HUMAN RELATIONS TRAINING FOR CERTAIN
MEMBERS OF THE ARMED FORCES.
(a) In General.--Chapter 101 of title 10, United States Code, is
amended by inserting before section 2002 the following new section:
``Sec. 2001. <<NOTE: 10 USC 2001.>> Human relations training
``(a) Human Relations Training.--(1)(A) The Secretary of Defense
shall ensure that the Secretary of each military department conducts
ongoing programs for human relations training for all members of the
armed forces under the jurisdiction of the Secretary.
``(B) Matters covered by such training include race relations, equal
opportunity, opposition to gender discrimination, and sensitivity to
hate group activity.
``(C) Such training shall be provided during basic training (or
other initial military training) and on a regular basis thereafter.
``(2) The Secretary of Defense shall ensure that a unit commander is
aware of the responsibility to ensure that impermissible activity, based
upon discriminatory motives, does not occur in a unit under the command
of such commander.
``(b) Information Provided to Prospective Recruits.--The Secretary
of Defense shall ensure that--
``(1) each individual preparing to enter an officer
accession program or to execute an original enlistment agreement
is provided information concerning the meaning of the oath of
office or oath of enlistment for service in the armed forces in
terms of the equal protection and civil liberties guarantees of
the Constitution; and
``(2) each such individual is informed that if supporting
such guarantees is not possible personally for that individual,
then that individual should decline to enter the armed
forces.''.
(b) Technical and Conforming Amendments.--
(1) Technical amendment.--The table of sections at the
beginning of such chapter <<NOTE: 10 USC 2001 prec.>> is
amended by inserting before the item relating to section 2002
the following new item:
``2001. Human relations training.''.
[[Page 135 STAT. 1736]]
(2) <<NOTE: Repeal.>> Conforming amendment.--Section 571 of
the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 10 U.S.C. 113 note) is repealed.
(c) <<NOTE: Deadline.>> Briefing.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense shall
brief the Committees on Armed Services of the Senate and House of
Representatives regarding--
(1) implementation of section 2001 of such title, as added
by subsection (a); and
(2) <<NOTE: Determination.>> legislation the Secretary
determines necessary to complete such implementation.
SEC. 553. ALLOCATION OF AUTHORITY FOR NOMINATIONS TO THE MILITARY
SERVICE ACADEMIES IN THE EVENT OF THE
DEATH, RESIGNATION, OR EXPULSION FROM
OFFICE OF A MEMBER OF CONGRESS.
(a) United States Military Academy.--
(1) In general.--Chapter 753 of title 10, United States
Code, is amended by inserting after section 7442 the following
new section:
``Sec. 7442a. <<NOTE: 10 USC 7442a.>> Cadets: nomination in event
of death, resignation, or expulsion from
office of Member of Congress otherwise
authorized to nominate
``(a) Senators.--In the event a Senator does not submit all
nominations for cadets allocated to such Senator for an academic year in
accordance with section 7442(a)(3) of this title, due to death,
resignation from office, or expulsion from office, and the date of the
swearing-in of the Senator's successor as Senator occurs after the date
of the deadline for submittal of nominations for cadets for the academic
year, the nominations for cadets for such academic year, otherwise
authorized to be made by the Senator pursuant to such section, may be
made instead by the other Senator from the State of such Representative.
``(b) Representatives.--In the event a Representative does not
submit all nominations for cadets allocated to such Representative for
an academic year in accordance with section 7442(a)(4) of this title,
due to death, resignation from office, or expulsion from office, and the
date of the swearing-in of the Representative's successor as
Representative occurs after the date of the deadline for submittal of
nominations for cadets for the academic year, the nominations for cadets
for such academic year, otherwise authorized to be made by the
Representative pursuant to such section, may be made instead by the
Senators from the State of such Representative, with such nominations
divided equally among such Senators and any remainder going to the
senior Senator from the State.
``(c) Rule of Construction.--The nomination of a cadet by a Member
of Congress pursuant to this section shall not be construed to
permanently reallocate nominations under section 7442 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 753 of such title <<NOTE: 10 USC 7431
prec.>> is amended by inserting after the item relating to
section 7442 the following new item:
``7442a. Cadets: nomination in event of death, resignation, or expulsion
from office of Member of Congress otherwise authorized to
nominate.''.
(b) United States Naval Academy.--
[[Page 135 STAT. 1737]]
(1) In general.--Chapter 853 of title 10, United States
Code, is amended by inserting after section 8454 the following
new section:
``Sec. 8454a. <<NOTE: 10 USC 8454a.>> Midshipmen: nomination in
event of death, resignation, or expulsion from
office of Member of Congress otherwise
authorized to nominate
``(a) Senators.--In the event a Senator does not submit all
nominations for midshipmen allocated to such Senator for an academic
year in accordance with section 8454(a)(3) of this title, due to death,
resignation from office, or expulsion from office, and the date of the
swearing-in of the Senator's successor as Senator occurs after the date
of the deadline for submittal of nominations for midshipmen for the
academic year, the nominations for midshipmen for such academic year,
otherwise authorized to be made by the Senator pursuant to such section,
may be made instead by the other Senator from the State of such
Representative.
``(b) Representatives.--In the event a Representative does not
submit all nominations for midshipmen allocated to such Representative
for an academic year in accordance with section 8454(a)(4) of this
title, due to death, resignation from office, or expulsion from office,
and the date of the swearing-in of the Representative's successor as
Representative occurs after the date of the deadline for submittal of
nominations for midshipmen for the academic year, the nominations for
midshipmen for such academic year, otherwise authorized to be made by
the Representative pursuant to such section, may be made instead by the
Senators from the State of such Representative, with such nominations
divided equally among such Senators and any remainder going to the
senior Senator from the State.
``(c) Rule of Construction.--The nomination of a midshipman by a
Member of Congress pursuant to this section shall not be construed to
permanently reallocate nominations under section 8454 of this title.''.
(2) <<NOTE: 10 USC 8451 prec.>> Clerical amendment.--The
table of sections at the beginning of chapter 853 of such title
is amended by inserting after the item relating to section 8454
the following new item:
``8454a. Midshipmen: nomination in event of death, resignation, or
expulsion from office of Member of Congress otherwise
authorized to nominate.''.
(c) Air Force Academy.--
(1) In general.--Chapter 953 of title 10, United States
Code, is amended by inserting after section 9442 the following
new section:
``Sec. 9442a. <<NOTE: 10 USC 9442a.>> Cadets: nomination in event
of death, resignation, or expulsion from
office of Member of Congress otherwise
authorized to nominate
``(a) Senators.--In the event a Senator does not submit all
nominations for cadets allocated to such Senator for an academic year in
accordance with section 9442(a)(3) of this title, due to death,
resignation from office, or expulsion from office, and the date of the
swearing-in of the Senator's successor as Senator occurs after the date
of the deadline for submittal of nominations for cadets for the academic
year, the nominations for cadets for such academic year, otherwise
authorized to be made by the Senator pursuant to such section, may be
made instead by the other Senator from the State of such Representative.
[[Page 135 STAT. 1738]]
``(b) Representatives.--In the event a Representative does not
submit all nominations for cadets allocated to such Representative for
an academic year in accordance with section 9442(a)(4) of this title,
due to death, resignation from office, or expulsion from office, and the
date of the swearing-in of the Representative's successor as
Representative occurs after the date of the deadline for submittal of
nominations for cadets for the academic year, the nominations for cadets
for such academic year, otherwise authorized to be made by the
Representative pursuant to such section, may be made instead by the
Senators from the State of such Representative, with such nominations
divided equally among such Senators and any remainder going to the
senior Senator from the State.
``(c) Rule of Construction.--The nomination of a cadet by a Member
of Congress pursuant to this section shall not be construed to
permanently reallocate nominations under section 9442 of this title.''.
(2) <<NOTE: 10 USC 9431 prec.>> Clerical amendment.--The
table of sections at the beginning of chapter 953 of such title
is amended by inserting after the item relating to section 9442
the following new item:
``9442a. Cadets: nomination in event of death, resignation, or expulsion
from office of Member of Congress otherwise authorized to
nominate.''.
(d) Report.--Not later than September 30, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report regarding implementation of the
amendments under this section, including--
(1) <<NOTE: Estimate.>> the estimate of the Secretary
regarding the frequency with which the authorities under such
amendments will be used each year; and
(2) the number of times a Member of Congress has failed to
submit nominations to the military academies due to death,
resignation from office, or expulsion from office.
SEC. 554. AUTHORITY OF PRESIDENT TO APPOINT SUCCESSORS TO MEMBERS
OF BOARD OF VISITORS OF MILITARY ACADEMIES
WHOSE TERMS HAVE EXPIRED.
(a) United States Military Academy.--Section 7455(b) of title 10,
United States Code, is amended by striking ``is appointed'' and
inserting ``is appointed by the President''.
(b) United States Naval Academy.--Section 8468(b) of title 10,
United States Code, is amended by striking ``is appointed'' and
inserting ``is appointed by the President''.
(c) United States Air Force Academy.--Section 9455(b)(1) of title
10, United States Code, is amended by striking ``is designated'' and
inserting ``is designated by the President''.
(d) United States Coast Guard Academy.--Section 1903(b)(2)(B) of
title 14, United States Code, is amended by striking ``is appointed''
and inserting ``is appointed by the President''.
SEC. 555. <<NOTE: Time periods.>> MEETINGS OF THE BOARD OF
VISITORS OF A MILITARY SERVICE ACADEMY:
VOTES REQUIRED TO CALL; HELD IN PERSON OR
REMOTELY.
(a) United States Military Academy.--Section 7455 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(i)(1) A majority of the members of the Board may call an official
meeting of the Board once per year.
[[Page 135 STAT. 1739]]
``(2) A member may attend such meeting--
``(A) in person, at the Academy; or
``(B) remotely, at the election of such member.''.
(b) United States Naval Academy.--Section 8468 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(i)(1) A majority of the members of the Board may call an official
meeting of the Board once per year.
``(2) A member may attend such meeting--
``(A) in person, at the Academy; or
``(B) remotely, at the election of such member.''.
(c) United States Air Force Academy.--Section 9455 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(i)(1) A majority of the members of the Board may call an official
meeting of the Board once per year.
``(2) A member may attend such meeting--
``(A) in person, at the Academy; or
``(B) remotely, at the election of such member.''.
SEC. 556. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.
(a) Authority to Award Bachelor's Degrees.--Section 2168 of title
10, United States Code, is amended--
(1) in the section heading, by striking ``Associate'' and
inserting ``Associate or Bachelor''; and
(2) by amending subsection (a) to read as follows:
``(a) Subject to subsection (b), the Commandant of the Defense
Language Institute may confer--
``(1) an Associate of Arts degree in a foreign language upon
any graduate of the Foreign Language Center of the Institute who
fulfills the requirements for that degree; or
``(2) a Bachelor of Arts degree in a foreign language upon
any graduate of the Foreign Language Center of the Institute who
fulfills the requirements for that degree.''.
(b) <<NOTE: 10 USC 2161 prec.>> Clerical Amendment.--The table of
sections at the beginning of chapter 108 of title 10, United States
Code, is amended by striking the item relating to section 2168 and
inserting the following new item:
``2168. Defense Language Institute Foreign Language Center: degree of
Associate or Bachelor of Arts in foreign language.''.
SEC. 557. UNITED STATES NAVAL COMMUNITY COLLEGE.
(a) Establishment.--Chapter 859 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8595. <<NOTE: 10 USC 8595.>> United States Naval Community
College: establishment and degree granting
authority
``(a) Establishment and Function.--There is a United States Naval
Community College. The primary function of such College shall be to
provide--
``(1) programs of academic instruction and professional and
technical education for individuals described in subsection (b)
in--
``(A) academic and technical fields of the liberal
arts and sciences which are relevant to the current and
future needs of the Navy and Marine Corps, including in
designated fields of national and economic importance
such
[[Page 135 STAT. 1740]]
as cybersecurity, artificial intelligence, machine
learning, data science, and software engineering; and
``(B) their practical duties;
``(2) remedial, developmental, or continuing education
programs, as prescribed by the Secretary of the Navy, which are
necessary to support, maintain, or extend programs under
paragraph (1);
``(3) support and advisement services for individuals
pursuing such programs; and
``(4) continuous monitoring of the progress of such
individuals.
``(b) Individuals Eligible for Programs.--Subject to such other
eligibility requirements as the Secretary of the Navy may prescribe, the
following individuals are eligible to participate in programs and
services under subsection (a):
``(1) Enlisted members of the Navy and Marine Corps.
``(2) Officers of the Navy and Marine Corps who hold a
commission but have not completed a postsecondary degree.
``(3) Civilian employees of the Department of the Navy.
``(4) Other individuals, as determined by the Secretary of
the Navy, so long as access to programs and services under
subsection (a) by such individuals is--
``(A) in alignment with the mission of the United
States Naval Community College; and
``(B) determined to support the mission or needs of
the Department of the Navy.
``(c) <<NOTE: Recommenda- tions.>> Degree and Credential Granting
Authority.--
``(1) <<NOTE: Regulations.>> In general.--Under regulations
prescribed by the Secretary of the Navy, the head of the United
States Naval Community College may, upon the recommendation of
the directors and faculty of the College, confer appropriate
degrees or academic credentials upon graduates who meet the
degree or credential requirements.
``(2) Limitation.--A degree or credential may not be
conferred under this subsection unless--
``(A) the Secretary of Education has recommended
approval of the degree or credential in accordance with
the Federal Policy Governing Granting of Academic
Degrees by Federal Agencies; and
``(B) the United States Naval Community College is
accredited by the appropriate civilian academic
accrediting agency or organization to award the degree
or credential, as determined by the Secretary of
Education.
``(3) <<NOTE: Reports.>> Congressional notification
requirements.--
``(A) When seeking to establish degree or credential
granting authority under this subsection, the Secretary
of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives--
``(i) <<NOTE: Records.>> a copy of the self
assessment questionnaire required by the Federal
Policy Governing Granting of Academic Degrees by
Federal Agencies, at the time the assessment is
submitted to the Department of Education's
National Advisory Committee on Instit