II
Calendar No. 144
117th CONGRESS
1st Session
H. R. 4350
IN THE SENATE OF THE UNITED STATES
October 18, 2021
Received; read twice and placed on the calendar
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.
Short title
This Act may be cited as the National Defense Authorization Act for Fiscal Year 2022
.
Organization of Act into divisions; table of contents
Divisions
This Act is organized into seven divisions as follows:
Division A—Department of Defense Authorizations.
Division B—Military Construction Authorizations.
Division C—Department of Energy National Security Authorizations and Other Authorizations.
Division D—Funding Tables.
Division E—Non-Department of Defense Matters.
Division F—Department of State Authorities.
Division G—Global Pandemic Prevention and Biosecurity.
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.
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. Multiyear procurement authority for AH–64E Apache helicopters.
Sec. 112. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters.
Sec. 113. Continuation of Soldier Enhancement Program.
Sec. 114. Strategy for the procurement of accessories for the next generation squad weapon.
Sec. 115. Plan for ensuring sources of cannon tubes.
Subtitle C—Navy Programs
Sec. 121. Extension of procurement authority for certain amphibious shipbuilding programs.
Sec. 122. Inclusion of basic and functional design in assessments required prior to start of construction on first ship of a shipbuilding program.
Sec. 123. Multiyear procurement authority for Arleigh Burke class destroyers.
Sec. 124. Incorporation of advanced degaussing systems into DDG–51 class destroyers.
Subtitle D—Air Force Programs
Sec. 131. Contract for logistics support for VC–25B aircraft.
Sec. 132. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program.
Sec. 133. Inventory requirements and limitations relating to certain air refueling tanker aircraft.
Sec. 134. Minimum inventory of tactical airlift aircraft and limitation on modification of Air National Guard tactical airlift flying missions.
Sec. 135. Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device.
Sec. 136. Sense of Congress on Joint Surveillance Target Attack Radar System aircraft.
Sec. 137. Limitation on availability of funds for retirement of RC–26B aircraft.
Sec. 138. 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. Limitation on availability of funds for aircraft systems for the armed overwatch program.
Sec. 143. Major weapon systems capability assessment process and procedure review and report.
Sec. 144. Reports on exercise of waiver authority with respect to certain aircraft ejection seats.
Sec. 145. Briefing on military type certifications for aircraft.
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. Duties and regional activities of the Defense Innovation Unit.
Sec. 212. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions.
Sec. 213. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions.
Sec. 214. Minority Institute for Defense Research.
Sec. 215. Test program for engineering plant of DDG(X) destroyer vessels.
Sec. 216. Consortium to study irregular warfare.
Sec. 217. Development and implementation of digital technologies for survivability and lethality testing.
Sec. 218. Pilot program on the use of intermediaries to connect the Department of Defense with technology producers.
Sec. 219. Assessment and correction of deficiencies in the F–35 aircraft pilot breathing system.
Sec. 220. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base.
Sec. 221. Requirement to maintain access to category 3 subterranean training facility.
Sec. 222. Prohibition on reduction of naval aviation testing and evaluation capacity.
Sec. 223. Limitation on availability of funds for certain C–130 aircraft.
Sec. 224. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation.
Sec. 225. Funding for hypersonics advanced manufacturing.
Sec. 226. Funding increase for 3D printing of infrastructure.
Sec. 227. Funding increase for cold weather capabilities.
Sec. 228. Funding for soldier lethality technology.
Sec. 229. Pilot program on data libraries for training artificial intelligence models.
Sec. 229A. Establishment of quantum network testbed program for Department of Air Force.
Subtitle C—Plans, Reports, and Other Matters
Sec. 231. Modification to annual report of the Director of Operational Test and Evaluation.
Sec. 232. Adaptive engine transition program acquisition strategy for the F–35A aircraft.
Sec. 233. Advanced propulsion system acquisition strategy for the F–35B and F–35C aircraft.
Sec. 234. Assessment and report on airborne electronic attack capabilities and capacity.
Sec. 235. Strategy for autonomy integration in major weapon systems.
Sec. 236. Roadmap for research and development of disruptive manufacturing capabilities.
Sec. 237. Biennial Assessments of the Air Force Research Laboratory, Aerospace Systems Directorate, Rocket Propulsion Division.
Sec. 238. Report detailing compliance with disclosure requirements for recipients of research and development funds.
Sec. 239. Sense of Congress on the additive manufacturing and machine learning initiative of the Army.
Sec. 240. Research security training requirement for Federal research grant personnel.
Title III—Operation and Maintenance
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Sec. 302. Funding for Army Community Services.
Sec. 303. Increase in funding for civil military programs.
Subtitle B—Energy and Environment
Sec. 311. Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents.
Sec. 312. Modification of authorities governing cultural and conservation activities of the Department of Defense.
Sec. 313. Modification of authority for environmental restoration projects of National Guard.
Sec. 314. Prohibition on use of open-air burn pits in contingency operations outside the United States.
Sec. 315. Maintenance of current analytical tools for evaluation of energy resilience measures.
Sec. 316. Energy efficiency targets for Department of Defense data centers.
Sec. 317. Modification of restriction on Department of Defense procurement of certain items containing perfluorooctane sulfonate or perfluorooctanoic acid.
Sec. 318. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam.
Sec. 319. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances or lead.
Sec. 320. PFAS testing requirements.
Sec. 321. Standards for response actions with respect to PFAS contamination.
Sec. 322. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam.
Sec. 323. Budget information for alternatives to burn pits.
Sec. 324. Establishment of emissions control standard operating procedures.
Sec. 325. Long-duration demonstration initiative and joint program.
Sec. 326. Pilot program on use of sustainable aviation fuel.
Sec. 327. Joint Department of Defense and Department of Agriculture study on bioremediation of PFAS using mycological organic matter.
Sec. 328. Report on Air Force progress regarding contaminated real property.
Sec. 329. Energy, water, and waste net zero requirements for construction of new buildings.
Sec. 330. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam.
Sec. 331. Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i.
Sec. 332. Amendment to budgeting of Department of Defense relating to extreme weather.
Sec. 333. Sense of Congress regarding electric or zero-emission vehicles for non-combat vehicle fleet.
Sec. 334. Pilot program to test new software to track emissions at certain military installations.
Sec. 335. Department of Defense plan to meet science-based emissions targets.
Sec. 336. Report on clean up of contaminated Army property.
Sec. 337. Grants for maintaining or improving military installation resilience.
Sec. 338. Inclusion of information regarding climate change in reports on national technology and industrial base.
Sec. 339. Sense of Congress regarding report of the Intergovernmental Panel on Climate Change.
Subtitle C—Logistics and Sustainment
Sec. 341. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand.
Sec. 342. Global bulk fuel management and delivery.
Sec. 343. Comptroller General annual reviews of F–35 sustainment efforts.
Sec. 344. Pilot program on biobased corrosion control and mitigation.
Sec. 345. Pilot program on digital optimization of organic industrial base maintenance and repair operations.
Sec. 346. Pilot program on implementation of mitigating actions to address vulnerabilities to critical defense facilities and associated defense critical electric infrastructure.
Sec. 347. Report and certification requirements regarding sustainment costs for F–35 aircraft program.
Sec. 348. Report on maintenance and repair of aircraft turbine engine rotors.
Sec. 349. Briefing on Air Force plan for certain aerospace ground equipment modernization.
Subtitle D—Risk Mitigation and Safety Improvement
Sec. 351. Treatment of notice of presumed risk issued by Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions.
Sec. 352. Establishment of Joint Safety Council.
Sec. 353. Mishap Investigation Review Board.
Sec. 354. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents.
Sec. 355. Pilot program for tactical vehicle safety data collection.
Sec. 356. Implementation of Comptroller General recommendations relating to mitigation and prevention of training accidents.
Subtitle E—Reports
Sec. 361. Inclusion of information regarding borrowed military manpower in readiness reports.
Sec. 362. Annual report on missing, lost, and stolen weapons, large amounts of ammunition, destructive devices, and explosive material.
Sec. 363. Annual report on material readiness of Navy ships.
Sec. 364. Strategy and annual report on critical language proficiency of special operations forces.
Sec. 365. Report and briefing on approach for certain properties affected by noise from military flight operations.
Sec. 366. Study on use of military resources to transport certain individuals and effect on military readiness.
Sec. 367. Report and briefing on Project Pele mobile nuclear microreactors.
Subtitle F—Other Matters
Sec. 371. Budget justification for operation and maintenance.
Sec. 372. Improvements and clarifications related to military working dogs.
Sec. 373. Management of fatigue among crew of naval surface ships and related improvements.
Sec. 374. Authority to establish Center of Excellence for radar systems and complementary workforce and education programs.
Sec. 375. Pilot program on military working dog and explosives detection canine health and excellence.
Sec. 376. Department of Defense response to military lazing incidents.
Sec. 377. Explosive ordnance disposal defense program.
Sec. 378. Pilot program on use of working dogs to detect early stages of diseases.
Sec. 379. Study on disease prevention for military working dogs.
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.
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—Reserve Component Management
Sec. 501. Grade of certain chiefs of reserve components.
Sec. 502. Grade of Vice Chief of the National Guard Bureau.
Sec. 503. Prohibition on private funding for interstate deployment of National Guard.
Sec. 504. Requirement of consent of the chief executive officer for certain full-time National Guard duty performed in a State, Territory, or the District of Columbia.
Sec. 505. National Guard support to major disasters; report on methods to enhance domestic response to large scale, complex and catastrophic disasters.
Sec. 506. Continued National Guard support for FireGuard program.
Sec. 507. Study on reapportionment of National Guard force structure based on domestic responses.
Sec. 508. Report on feasibility and advisability of including cybersecurity operations and missions to protect critical infrastructure by members of the National Guard in connection with training or other duty.
Sec. 509. Access to Tour of Duty system.
Sec. 509A. Enhancement of National Guard Youth Challenge Program.
Subtitle B—General Service Authorities and Military Records
Sec. 511. Prohibition on commissioning or enlistment in the Armed Forces of an individual convicted of a felony hate crime.
Sec. 512. Reduction in service commitment required for participation in career intermission program of a military department.
Sec. 513. Modernization of the Selective Service System.
Sec. 514. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments.
Sec. 515. Authorization of permissive temporary duty for wellness.
Sec. 516. Required staffing of administrative separation boards.
Sec. 517. Administrative separation: miscellaneous authorities and requirements.
Sec. 518. Prohibition on algorithmic career termination.
Sec. 519. Prohibition on discipline against a member based on certain social media.
Sec. 519A. Command oversight of military privatized housing as element of performance evaluations.
Sec. 519B. Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States.
Sec. 519C. Seaman to Admiral-21 program: credit towards retirement.
Sec. 519D. Progress report on implementation of GAO recommendations regarding career paths for surface warfare officers of the Navy.
Sec. 519E. Independent assessment of retention of female surface warfare officers.
Sec. 519F. Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard.
Subtitle C—Military Justice and Other Legal Matters
Sec. 521. Rights of the victim of an offense under the Uniform Code of Military Justice.
Sec. 522. Commanding officer's non-judicial punishment.
Sec. 523. Selection process for members to serve on courts-martial.
Sec. 524. Petition for DNA testing under the Uniform Code of Military Justice.
Sec. 525. Punitive article on violent extremism.
Sec. 526. Clarifications of procedure in investigations of personnel actions taken against members of the Armed Forces in retaliation for protected communications.
Sec. 527. Activities to improve family violence prevention and response.
Sec. 528. Mandatory notification of members of the Armed Forces identified in certain records of criminal investigations.
Sec. 529. Authority of military judges and military magistrates to issue military court protective orders.
Sec. 529A. Countering extremism in the Armed Forces.
Sec. 529B. Reform and improvement of military criminal investigative organizations.
Sec. 529C. Measures to improve the safety and security of members of the Armed Forces.
Sec. 529D. Distribution of information on the availability of civilian victim services.
Sec. 529E. Report on mandatory restitution.
Sec. 529F. Exclusion of evidence obtained without prior authorization.
Sec. 529G. Report on demographics of military police and security forces citations.
Subtitle D—Implementation of Recommendations of the Independent Review Commission on Sexual Assault in the Military
Sec. 531. Short title.
Part 1—Special Victim Prosecutors and Special Victim Offenses
Sec. 532. Special victim prosecutors.
Sec. 533. Department of Defense policies with respect to special victim prosecutors and establishment of offices of special victim prosecutors within military departments.
Sec. 534. Definitions of military magistrate, special victim offense, and special victim prosecutor.
Sec. 535. Clarification relating to who may convene courts-martial.
Sec. 536. Detail of trial counsel.
Sec. 537. Preliminary hearing.
Sec. 538. Advice to convening authority before referral for trial.
Sec. 539. Former jeopardy.
Sec. 539A. Plea agreements.
Sec. 539B. Determinations of impracticality of rehearing.
Sec. 539C. Punitive article on sexual harassment.
Sec. 539D. Clarification of applicability of domestic violence and stalking to dating partners.
Sec. 539E. Effective date.
Part 2—Sentencing Reform
Sec. 539F. Sentencing reform.
Part 3—Reports and Other Matters
Sec. 539G. Report on modification of disposition authority for offenses other than special victim offenses.
Sec. 539H. Report on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military.
Sec. 539I. Report on implementation of recommendations and other activities to address racial, ethnic, and gender disparities in the military justice system.
Sec. 539J. Plan for development and management of the gender advisor workforce.
Subtitle E—Other Sexual Assault-Related Matters
Sec. 541. Independent investigation of complaints of sexual harassment.
Sec. 542. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial.
Sec. 543. Modifications to annual report regarding sexual assaults involving members of the Armed Forces.
Sec. 544. Civilian positions to support Special Victims’ Counsel.
Sec. 545. Feasibility study on establishment of clearinghouse of evidence-based practices to prevent sexual assault, suicide, and other harmful behaviors among members of the Armed Forces and military families.
Sec. 546. Annual report regarding sexual assaults involving members of the Army National Guard and the Air National Guard.
Subtitle F—Member Education, Training, and Transition
Sec. 551. Training on consequences of committing a crime in preseparation counseling of the Transition Assistance Program.
Sec. 552. Amendments to pathways for counseling in the Transition Assistance Program.
Sec. 553. Participation of members of the reserve components of the Armed Forces in the Skillbridge program.
Sec. 554. Expansion and codification of matters covered by diversity training in the Department of Defense.
Sec. 555. Expansion of Junior Reserve Officers’ Training Corps program.
Sec. 556. Defense Language Institute Foreign Language Center.
Sec. 557. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a member of Congress.
Sec. 558. Votes required to call a meeting of the Board of Visitors of a military service academy.
Sec. 559. United States Naval Community College.
Sec. 559A. Codification of establishment of United States Air Force Institute of Technology.
Sec. 559B. Clarifications regarding scope of employment and reemployment rights of members of the uniformed services.
Sec. 559C. Clarification and expansion of prohibition on gender-segregated training in the Marine Corps.
Sec. 559D. Requirement to issue regulations ensuring certain parental guardianship rights of cadets and midshipmen.
Sec. 559E. Defense language continuing education program.
Sec. 559F. Public-private consortium to improve professional military education.
Sec. 559G. Standards for training of surface warfare officers and enlisted members.
Sec. 559H. Professional military education: report; definition.
Sec. 559I. Study on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors.
Sec. 559J. Notice program relating to options for naturalization.
Sec. 559K. Pilot program on activities under the transition assistance program for a reduction in suicide among veterans.
Sec. 559L. Speech disorders of cadets and midshipmen.
Sec. 559M. Requirement of involvement of representatives of military and veterans' service organizations in the Transition Assistance Program of the Department of Defense.
Sec. 559N. GAO report on screenings included in the health assessment for members separating from the Armed Forces.
Sec. 559O. Pilot grant program to supplement the transition assistance program of the Department of Defense.
Subtitle G—Military Family Readiness and Dependents’ Education
Sec. 561. Establishment of Exceptional Family Member Program Advisory Council.
Sec. 562. Non-medical counseling services for military families.
Sec. 563. Expansion of support programs for special operations forces personnel and immediate family members.
Sec. 564. Clarification of qualifications for attorneys who provide legal services to families enrolled in the Exceptional Family Member Program.
Sec. 565. Improvements to the Exceptional Family Member Program.
Sec. 566. Portability of professional licenses of members of the uniformed services and their spouses.
Sec. 567. Database of next of kin of deceased members of the Armed Forces.
Sec. 568. Policy regarding remote military installations.
Sec. 569. Feasibility study on program for drop-in child care furnished to certain military spouses at military child development centers.
Sec. 569A. Comptroller General of the United States reports on employment discrimination against military spouses by civilian employers.
Sec. 569B. Report on efforts of commanders of military installations to connect military families with local entities that provide services to military families.
Sec. 569C. Report on Preservation of the Force and Family Program of United States Special Operations Command.
Sec. 569D. GAO review of Preservation of the Force and Family Program of United States Special Operations Command.
Sec. 569E. Continued assistance to schools with significant numbers of military dependent students.
Sec. 569F. Verification of reporting of eligible federally connected children for purposes of Federal impact aid programs.
Sec. 569G. Pilot transition assistance program for military spouses.
Sec. 569H. Implementation of GAO recommendations on improved communication of best practices to engage military spouses with career assistance resources.
Subtitle H—Diversity and Inclusion
Sec. 571. Information on female and minority participation in military service academies and the Senior Reserve Officers’ Training Corps.
Sec. 572. Surveys on diversity, equity, and inclusion and annual reports on sexual assaults and racial and ethnic demographics in the military justice system.
Sec. 573. Amendments to additional Deputy Inspector General of the Department of Defense.
Sec. 574. Extension of deadline for GAO report on equal opportunity at the military service academies.
Sec. 575. GAO review of extremist affiliations and activity among members of the Armed Forces on active duty.
Sec. 576. Reduction of gender-related inequities in costs of uniforms to members of the armed forces.
Sec. 577. Justice for Women Veterans.
Sec. 578. Task Force on Historical and Current Barriers to African American Participation and Equal Treatment in the Armed Services.
Sec. 579. Best practices for the retention of certain female members of the Armed Forces.
Sec. 579A. GAO report on low number of Hispanic leaders in the Armed Forces.
Sec. 579B. GAO report on low number of Hispanic cadets and midshipmen in the military service academies.
Sec. 579C. Consideration of sexual orientation by Inspector General when conducting review of racial disparity in the Department of Defense.
Subtitle I—Decorations and Awards
Sec. 581. Semiannual reports regarding review of service records of certain veterans.
Sec. 582. Eligibility of veterans of Operation End Sweep for Vietnam Service Medal.
Sec. 583. Establishment of the Atomic Veterans Service Medal.
Sec. 584. Authorization for award of the Medal of Honor to Marcelino Serna for acts of valor during World War I.
Sec. 585. Rescission of Medals of Honor awarded for acts at Wounded Knee Creek on December 29, 1890.
Sec. 586. Inclusion of Purple Heart awards on military valor website.
Subtitle J—Miscellaneous Reports and Other Matters
Sec. 591. Command climate assessments: independent review; reports.
Sec. 592. Healthy eating in the Department of Defense.
Sec. 593. Plant-based protein pilot program of the Navy.
Sec. 594. Reports on misconduct by members of special operations forces.
Sec. 595. Updates and preservation of memorials to chaplains at Arlington National Cemetery.
Sec. 596. Report regarding best practices for community engagement.
Sec. 597. Improved Department of Defense prevention of and response to bullying in the Armed Forces.
Sec. 598. Addition of element to report regarding the designation of Explosive Ordnance Disposal Corps as a basic branch of the Army.
Sec. 599. Military justice career track for judge advocates.
Sec. 599A. Annual report regarding cost of living for members and employees of the Department of Defense.
Sec. 599B. Comptroller General assessment of quality and nutrition of food available at military installations for members of the Armed Forces.
Sec. 599C. Study and report on herbicide agent exposure in Panama Canal Zone.
Sec. 599D. Report on Requests for Equitable Adjustment in Department of the Navy.
Sec. 599E. GAO study on tattoo policies of the Armed Forces.
Title VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Basic needs allowance for low-income regular members.
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. Unreimbursed moving expenses for members of the Armed Forces: report; policy.
Sec. 605. Report on relationship between basic allowance for housing and sizes of military families.
Sec. 606. Report on temporary lodging expenses in competitive housing markets.
Sec. 607. Report on rental partnership programs.
Subtitle B—Bonuses and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Subtitle C—Family and Survivor Benefits
Sec. 621. Expansion of parental leave for members of the Armed Forces.
Sec. 622. Transitional compensation and benefits for the former spouse of a member of the Armed Forces who allegedly committed a dependent-abuse offense during marriage.
Sec. 623. Claims relating to the return of personal effects of a deceased member of the Armed Forces.
Sec. 624. Space-available travel for children, surviving spouses, parents, and siblings of members of the Armed Forces who die while serving in the active military, naval, or air service.
Sec. 625. Travel and transportation allowances for family members to attend the funeral and memorial services of members.
Sec. 626. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care.
Sec. 627. Continuation of paid parental leave for a member of the Armed Forces upon death of child.
Sec. 628. 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. Electronic or online notarization for members of the Armed Forces.
Sec. 642. Termination of telephone, multichannel video programming, and internet access service contracts by servicemembers who enter into contracts after receiving military orders for permanent change of station but then receive stop movement orders due to an emergency situation.
Sec. 643. Space available travel for members of the Armed Forces to attend funerals and memorial services.
Sec. 644. Alexander Lofgren Veterans in Parks program.
Title VII—Health Care Provisions
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Improvement of postpartum care for certain members of the Armed Forces and dependents.
Sec. 702. Eating disorders treatment for certain members of the Armed Forces and dependents.
Sec. 703. Modifications relating to coverage of telehealth services under TRICARE program and other matters.
Sec. 704. Modifications to pilot program on health care assistance system.
Sec. 705. Temporary requirement for contraception coverage parity under the TRICARE program.
Sec. 706. Availability of certain preconception and prenatal carrier screening tests under the TRICARE program.
Subtitle B—Health Care Administration
Sec. 711. Modification of certain Defense Health Agency organization requirements.
Sec. 712. Requirement for consultations related 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. Mandatory referral for mental health evaluation.
Sec. 715. Inclusion of exposure to perfluoroalkyl and polyfluoroalkyl substances as component of periodic health assessments.
Sec. 716. Prohibition on adverse personnel actions taken against certain members of the Armed Forces based on declining COVID–19 vaccine.
Sec. 717. Establishment of Department of Defense system to track and record information on vaccine administration.
Sec. 718. Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees.
Sec. 719. Mandatory training on health effects of burn pits.
Sec. 720. Department of Defense procedures for exemptions from mandatory COVID–19 vaccines.
Sec. 721. Modifications and report related to reduction or realignment of military medical manning and medical billets.
Sec. 722. Cross-functional team for emerging threat relating to anomalous health incidents.
Sec. 723. Implementation of integrated product for management of population health across military health system.
Sec. 724. Digital health strategy of Department of Defense.
Sec. 725. Development and update of certain policies relating to military health system and integrated medical operations.
Sec. 726. Standardization of definitions used by the Department of Defense for terms related to suicide.
Sec. 727. Exemption from required physical examination and mental health assessment for certain members of the reserve components.
Subtitle C—Reports and Other Matters
Sec. 731. Grant program for increased cooperation on post-traumatic stress disorder research between United States and Israel.
Sec. 732. Pilot program on cardiac screening at certain military service academies.
Sec. 733. Pilot program on cryopreservation and storage.
Sec. 734. Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities.
Sec. 735. Pilot program on oral rehydration solutions.
Sec. 736. Authorization of pilot program to survey access to mental health care under military health system.
Sec. 737. Prohibition on availability of funds for research connected to China.
Sec. 738. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program.
Sec. 739. Independent review of suicide prevention and response at military installations.
Sec. 740. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam.
Sec. 741. Plan to address findings related to access to contraception for members of the Armed Forces.
Sec. 742. GAO biennial study on Individual Longitudinal Exposure Record program.
Sec. 743. GAO study on exclusion of certain remarried individuals from medical and dental coverage under TRICARE program.
Sec. 744. Study on joint fund of the Department of Defense and the Department of Veterans Affairs for Federal Electronic Health Record Modernization Office.
Sec. 745. Briefing on domestic production of critical active pharmaceutical ingredients.
Sec. 746. Briefing on anomalous health incidents involving members of the Armed Forces.
Sec. 747. Sense of Congress on National Warrior Call Day.
Sec. 748. Mandatory training on health effects of perfluoroalkyl or polyfluoroalkyl substances.
Sec. 749. Pilot program on sleep apnea among new recruits.
Sec. 750. Survey on effects of COVID–19 mandate on matters relating to recruitment and reinlistment.
Sec. 751. Funding for pancreatic cancer research.
Sec. 752. Report on discrepancies between TRICARE program and CHAMPVA program in certain coverage standards.
Sec. 753. Funding for rapid screening under Development of Medical Countermeasures Against Novel Entities program.
Sec. 754. Increased collaboration with NIH to combat triple negative breast cancer.
Sec. 755. Funding for post-traumatic stress disorder.
Sec. 756. Report on rate of maternal mortality among members of the Armed Forces.
Sec. 757. Sense of Congress on designation of Military Heart Health Awareness Day.
Sec. 758. Pilot program to improve military readiness through nutrition and wellness initiatives.
Sec. 759. Mandatory training on treatment of eating disorders.
Sec. 760. Priority for domestically sourced bovine heparin.
Sec. 761. Access to menstrual hygiene products and accommodations.
Sec. 762. Report on preconception and prenatal carrier screening tests under TRICARE.
Title VIII—Acquisition Policy, Acquisition Management, and Related Matters
Subtitle A—Acquisition Policy and Management
Sec. 801. Acquisition workforce educational partnerships.
Sec. 802. Special emergency reimbursement authority.
Sec. 803. Prohibition on procurement of personal protective equipment from non-allied foreign nations.
Sec. 804. Minimum wage for employees of Department of Defense contractors.
Sec. 805. Diversity and inclusion reporting requirements for covered contractors.
Sec. 806. Website for certain domestic procurement waivers.
Sec. 807. Suspension or debarment referral for egregious violations of certain domestic preference laws.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 811. Extension of authorization for the defense civilian acquisition workforce personnel demonstration project.
Sec. 812. Modifications to contracts subject to cost or pricing data certification.
Sec. 813. Office of Corrosion Policy and Oversight employee training requirements.
Sec. 814. Standard guidelines for evaluation of requirements for services contracts.
Sec. 815. Extension of requirement to submit Selected Acquisition Reports.
Sec. 816. Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels.
Sec. 817. Competition requirements for purchases from Federal Prison Industries.
Sec. 818. Repeal of preference for fixed-price contracts.
Sec. 819. Modification to the pilot program for streamlining awards for innovative technology projects.
Sec. 820. Other transaction authority information accessibility.
Sec. 821. Modification of enhanced transfer of technology developed at Department of Defense laboratories.
Sec. 822. Extension and revisions to never contract with the enemy program.
Sec. 823. Contractor lobbying restriction compliance requirement.
Subtitle C—Provisions Relating to Supply Chain Security
Sec. 831. Department of Defense research and development priorities.
Sec. 832. Defense supply chain risk assessment framework.
Sec. 833. Plan to reduce reliance on supplies and materials from adversaries in the defense supply chain.
Sec. 834. Enhanced domestic content requirement for major defense acquisition programs.
Sec. 835. Reduction of fluctuations of supply and demand for certain covered items.
Sec. 836. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region.
Sec. 837. Ensuring consideration of the national security impacts of uranium as a critical mineral.
Sec. 838. Statement of policy and determination related to covered optical transmission equipment or services.
Sec. 839. Supply of synthetic graphite for the Department of Defense.
Subtitle D—Industrial Base Matters
Sec. 841. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries.
Sec. 842. Designating certain SBIR and STTR programs as entrepreneurial innovation projects.
Sec. 843. Modifications to printed circuit board acquisition restrictions.
Sec. 844. Defense industrial base coalition for career development.
Sec. 845. Additional testing of commercial e-commerce portal models.
Sec. 846. Support for industry participation in global standards organizations.
Sec. 847. Pilot program on defense innovation open topics.
Sec. 848. Report on Cybersecurity Maturity Model Certification effects on small business.
Subtitle E—Other Matters
Sec. 851. Mission management pilot program.
Sec. 852. Pilot program to determine the cost competitiveness of drop-in fuels.
Sec. 853. Assuring integrity of overseas fuel supplies.
Sec. 854. Cadre of software development and acquisition experts.
Sec. 855. Acquisition practices and policies assessment.
Sec. 856. Report on improvements to procurement technical assistance programs.
Sec. 857. Report on commercial item determinations.
Sec. 858. Pilot program to transition digitally secured manufacturing technologies.
Sec. 859. Briefing on expanded small unmanned aircraft systems capability.
Sec. 860. Waiver authorization streamlining.
Sec. 861. Modifications to Governmentwide goals for small business concerns.
Sec. 862. Duties of small business development center counselors.
Sec. 863. Comptroller General report on mergers and acquisitions in the defense industrial base.
Sec. 864. Exemption of certain contracts awarded to small business concerns from category management requirements.
Sec. 865. Prohibition on contracting with persons with willful or repeated violations of the Fair Labor Standards Act of 1938.
Sec. 866. Domestically sourced alternatives.
Sec. 867. Report on duplicative information technology contracts.
Sec. 868. Reestablishment of commission on wartime contracting.
Sec. 869. Application of price evaluation preference for qualified HUBZone small business concerns to certain contracts.
Sec. 870. Combating trafficking in persons.
Sec. 871. Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns.
Sec. 872. Microloan program; definitions.
Sec. 873. Amendments to contracting authority for certain small business concerns.
Sec. 874. Congressional oversight of private security contractor contracts and personnel.
Sec. 875. Boots to Business Program.
Sec. 876. Protests and appeals relating to eligibility of business concerns.
Sec. 877. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold.
Sec. 878. Child care resource guide.
Sec. 879. Boots to Business Program.
Title IX—Department of Defense Organization and Management
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Modification of requirements for appointment of a person as Secretary of Defense after relief from active duty.
Sec. 902. Implementation of repeal of Chief Management Officer of the Department of Defense.
Sec. 903. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy.
Subtitle B—Other Department of Defense Organization and Management Matters
Sec. 911. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity.
Sec. 912. Use of Combatant Commander Initiative Fund for certain environmental matters.
Sec. 913. Inclusion of explosive ordnance disposal in special operations activities.
Sec. 914. Coordination of certain Naval activities with the Space Force.
Sec. 915. Space Force organizational matters and modification of certain space-related acquisition authorities.
Sec. 916. Report on establishment of office to oversee sanctions with respect to Chinese military companies.
Sec. 917. Independent review of and report on the Unified Command Plan.
Sec. 918. Explosive Ordnance Disposal Command.
Subtitle C—Space National Guard
Sec. 921. Establishment of Space National Guard.
Sec. 922. No effect on military installations.
Sec. 923. Implementation of Space National Guard.
Sec. 924. Conforming amendments and clarification of authorities.
Title X—General Provisions
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Determination of budgetary effects.
Sec. 1003. Budget justification for operation and maintenance.
Sec. 1004. Revision of limitation on funding for combatant commands through Combatant Commander Initiative Fund.
Subtitle B—Naval Vessels
Sec. 1011. Critical components of national sea-based deterrence vessels.
Sec. 1012. Biennial report on shipbuilder training and the defense industrial base.
Sec. 1013. Revision of sustainment key performance parameters for shipbuilding programs.
Sec. 1014. Prohibition on use of funds for retirement of Mark VI patrol boats.
Sec. 1015. Assessment of security of global maritime chokepoints.
Sec. 1016. Annual report on ship maintenance.
Sec. 1017. Availability of funds for retirement or inactivation of Ticonderoga class cruisers.
Sec. 1018. Congressional notification of pending retirements of naval vessels that are viable candidates for artificial reefing.
Sec. 1019. Award of contracts for ship repair work to non-homeport shipyards to meet surge capacity.
Subtitle C—Counterterrorism
Sec. 1021. Inclusion in counterterrorism briefings of information on use of military force in collective self-defense.
Sec. 1022. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.
Sec. 1023. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1024. Public availability of military commission proceedings.
Subtitle D—Miscellaneous Authorities and Limitations
Sec. 1031. Navy coordination with Coast Guard on aircraft, weapons, tactics, technique, organization, and equipment of joint concern.
Sec. 1032. Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus.
Sec. 1033. Program to improve relations between members of the Armed Forces and military communities.
Sec. 1034. Authority to provide space and services to military welfare societies.
Sec. 1035. Required revision of Department of Defense unmanned aircraft systems categorization.
Sec. 1036. Limitation on funding for information operations matters.
Sec. 1037. Prohibition on provision of equipment to other departments and agencies for protection of certain facilities and assets from unmanned aircraft.
Sec. 1038. Limitation on use of funds for United States Space Command headquarters.
Sec. 1039. Limitation on contract authority to improve representation in certain media projects involving Department of Defense.
Sec. 1039A Limitation on retirement of LCM-8 landing craft platform.
Sec. 1039B. Consideration of human rights records of recipients of support of special operations to combat terrorism.
Sec. 1039C. Limitation on use of funds pending compliance with certain statutory reporting requirements.
Subtitle E—Studies and Reports
Sec. 1041. Congressional oversight of alternative compensatory control measures.
Sec. 1042. Comparative testing reports for certain aircraft.
Sec. 1043. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security And Department Of Defense.
Sec. 1044. Continuation of certain Department of Defense reporting requirements.
Sec. 1045. Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan.
Sec. 1046. Biennial assessments of Air Force Test Center.
Sec. 1047. Comparative study on .338 Norma Magnum platform.
Sec. 1048. Comptroller General report on aging Department of Defense equipment.
Sec. 1049. Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations.
Sec. 1050. Force posture in the Indo-Pacific region.
Sec. 1051. Assessment of United States military infrastructure in Diego Garcia, British Indian Ocean Territory.
Sec. 1052. Report on 2019 World Military Games.
Sec. 1053. Reports and briefings regarding oversight of Afghanistan.
Sec. 1054. Report and briefing on United States equipment, property, and classified material that was destroyed, surrendered, and abandoned in the withdrawal from Afghanistan.
Sec. 1055. Report on defense utility of United States territories and possessions.
Sec. 1056. Report on Coast Guard explosive ordnance disposal.
Sec. 1057. Independent assessment with respect to the Arctic region.
Sec. 1058. Annual report and briefing on Global Force Management Allocation Plan.
Sec. 1059. Report on World War I and Korean War era Superfund facilities.
Sec. 1060. Briefing on electric autonomous shuttles on military installations.
Sec. 1061. 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. 1062. Annual report on use of social media by foreign terrorist organizations.
Sec. 1063. Report on Department of Defense excess personal property program.
Sec. 1064. Interagency strategy to disrupt and dismantle narcotics production and trafficking and affiliated networks linked to the regime of Bashar al-Assad in Syria.
Sec. 1065. Report on recovery operations of 1952 C-119 Flying boxcar, call name Gamble Chalk 1
.
Sec. 1065A. Cost analysis report on changes to military priorities.
Sec. 1065B. Report on Taliban’s illegal drug trade.
Sec. 1065C. Report on use of certain funding for counter-narcotics missions in Central Asia.
Sec. 1065D. Report on status of certain aircraft and equipment moved from Afghanistan to Uzbekistan, Tajikistan, or other foreign countries.
Sec. 1065E. Study and report on risks posed to Department of Defense infrastructure and readiness by wildfire.
Sec. 1065F. Public availability of quarterly summaries of reports.
Sec. 1065G. Report on funds authorized to be appropriated for overseas contingency operations.
Sec. 1065H. Air Force strategy for acquisition of combat rescue aircraft and equipment.
Subtitle F—District of Columbia National Guard Home Rule
Sec. 1066. Short title.
Sec. 1067. Extension of National Guard authorities to Mayor of the District of Columbia.
Sec. 1068. Conforming amendments to title 10, United States Code.
Sec. 1069. Conforming amendments to title 32, United States Code.
Sec. 1070. Conforming amendment to the District of Columbia Home Rule Act.
Subtitle G—Other Matters
Sec. 1071. Technical, conforming, and clerical amendments.
Sec. 1072. Assistant Secretary of Defense for Indo-Pacific Security Affairs.
Sec. 1073. Improvement of transparency and congressional oversight of civil reserve air fleet.
Sec. 1074. Enhancements to national mobilization exercises.
Sec. 1075. Providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service.
Sec. 1076. Responsibilities for national mobilization; personnel requirements.
Sec. 1077. Update of Joint Publication 3-68: Noncombatant Evacuation Operations.
Sec. 1078. Treatment of operational data from Afghanistan.
Sec. 1079. Defense Resource Budgeting and Allocation Commission.
Sec. 1080. Commission on Afghanistan.
Sec. 1081. Technology pilot program to support ballot transmission for absent uniformed services and overseas votes.
Sec. 1082. Recognition of the Memorial, Memorial Garden, and K9 Memorial of the National Navy UDT-SEAL Museum in Fort Pierce, Florida, as the official national memorial, memorial garden, and K9 memorial, respectively, of Navy SEALs and their predecessors.
Sec. 1083. Sense of Congress on the legacy, contributions, and sacrifices of American Indian and Alaska Natives in the Armed Forces.
Sec. 1084. Name of Naval Medical Center Camp Lejeune.
Sec. 1085. Sense of Congress regarding naming a warship the USS Fallujah.
Sec. 1086. Name of Air Force Utah test and training range.
Sec. 1087. Name of Air Force Utah Test and Training Range Consolidated Mission Control Center.
Sec. 1088. Sense of Congress regarding crisis at the Southwest border.
Sec. 1089. Improvements and clarifications relating to unauthorized use of computers of Department of Defense.
Sec. 1090. National Museum of the Surface Navy.
Sec. 1091. Sense of Congress honoring the Dover Air Force Base, Delaware, home to the 436th Airlift Wing, the 512th Airlift Wing, and the Charles C. Carson Center for Mortuary Affairs.
Sec. 1092. Sense of Congress regarding the Port Chicago 50.
Sec. 1093. Transfer of excess aircraft to other departments of the Federal Government.
Sec. 1094. Independent epidemiological analysis of health effects from exposure to Department of Defense activities in Vieques.
Sec. 1095. Availability of modular small arms range for Army Reserve in Puerto Rico.
Sec. 1096. Independent studies regarding potential cost savings with respect to the nuclear security enterprise and force structure.
Sec. 1097. Inclusion of support services for Gold Star families in quadrennial quality of life review.
Sec. 1098. Observance of National Atomic Veterans Day.
Sec. 1099. Anomalous Health Incidents Interagency Coordinator.
Title XI—Civilian Personnel Matters
Subtitle A—Matters Relating to Civilian Personnel
Sec. 1101. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.
Sec. 1102. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1103. DARPA personnel management authority to attract science and engineering experts.
Sec. 1104. Civilian personnel management.
Sec. 1105. Comptroller General review of Naval Audit Service operations.
Sec. 1106. Implementation of GAO recommendations on tracking, response, and training for civilian employees of the Department of Defense regarding sexual harassment and assault.
Sec. 1107. Guidelines for reductions in civilian positions.
Sec. 1108. Repeal of 2-year probationary period.
Sec. 1109. Amendment to diversity and inclusion reporting.
Sec. 1110. Including active duty in the armed forces in meeting service requirement for Federal employee family and medical leave.
Sec. 1111. Treatment of hours worked under a qualified trade-of-time arrangement.
Sec. 1112. Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense.
Sec. 1113. Increase in allowance based on duty at remote worksites.
Sec. 1114. Limiting the number of local wage areas defined within a pay locality.
Sec. 1115. National Digital Reserve Corps.
Sec. 1116. Expansion of rate of overtime pay authority for Department of the Navy employees performing work overseas on naval vessels.
Sec. 1117. Assessment of Accelerated Promotion Program suspension.
Sec. 1118. Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel.
Sec. 1119. 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. 1120. Federal employee annual survey.
Sec. 1121. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees.
Sec. 1122. Parental bereavement leave for Federal employees.
Subtitle B—PLUM Act
Sec. 1131. Short title.
Sec. 1132. Establishment of public website on Government policy and supporting positions.
Title XII—Matters Relating to Foreign Nations
Subtitle A—Assistance and Training
Sec. 1201. Extension of support of special operations for irregular warfare.
Sec. 1202. Report on human rights and building partner capacity programs.
Sec. 1203. Report on countries suitable for stabilization operations support.
Sec. 1204. Modification and extension of biennial Comptroller General of the United States audits of programs to build the capacity of foreign security forces.
Subtitle B—Matters Relating to Afghanistan and Pakistan
Sec. 1211. Clarification of certain matters regarding protection of Afghan allies.
Sec. 1212. Afghanistan Security Forces Fund.
Sec. 1213. Prohibition on providing funds or material resources of the Department of Defense to the Taliban.
Sec. 1214. Prohibition on transporting currency to the Taliban and the Islamic Emirate of Afghanistan.
Sec. 1215. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1216. Quarterly briefings on the security environment in Afghanistan and United States military operations related to the security of, and threats emanating from, Afghanistan.
Sec. 1217. Quarterly report on the threat potential of Al-Qaeda and related terrorist groups under a Taliban regime in Afghanistan.
Sec. 1218. Sense of Congress.
Sec. 1219. Joint report on Using the Synchronized Predeployment and Operational Tracker (SPOT) database to verify Afghan SIV Applicant Information.
Sec. 1220. Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces.
Sec. 1220A. Sense of Congress relating to Kabul air strike.
Sec. 1220B. Requirement to attempt recovery of aircraft.
Sec. 1220C. Additional reports required of the Office of the Special Inspector General for Afghanistan Reconstruction.
Sec. 1220D. Report on evacuation of United States citizens from Hamid Karzai International Airport.
Sec. 1220E. Sense of Congress on women and girls in Afghanistan.
Sec. 1220F. Briefing on status of women and girls in Afghanistan.
Sec. 1220G. Prohibition on use of funds for military cooperation or intelligence sharing with the Taliban.
Sec. 1220H. Threat assessment of terrorist threats posed by prisoners released by Taliban in Afghanistan.
Sec. 1220I. Sense of Congress on the service of United States Armed Forces servicemembers in Afghanistan.
Sec. 1220J. Report and certification on the fate and disposition of military equipment belonging to Afghanistan security forces.
Sec. 1220K. Prohibition on funding to certain governments of 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. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.
Sec. 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria.
Sec. 1224. Prohibition of transfers to Badr organization.
Sec. 1225. Prohibition on transfers to Iran.
Sec. 1226. Report on Iran-China military ties.
Sec. 1227. Report on Iranian military capabilities.
Sec. 1228. Report on Iranian terrorist proxies.
Sec. 1229. Sense of Congress regarding Israel.
Sec. 1229A. Sense of Congress on enrichment of uranium by Iran.
Sec. 1229B. Report on Iranian operations on United States soil.
Sec. 1229C. Congressional notification regarding cryptocurrency payments by the Department of State.
Sec. 1229D. Support for forces in Iraq operating in the Nineveh Plains region of Iraq.
Sec. 1229E Report on the threat posed by Iranian-backed militias in Iraq.
Sec. 1229F. Report on United Nations arms embargo on Iran.
Sec. 1229G. Report on IRGC-affiliated operatives abroad.
Subtitle D—Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the United States and Russia.
Sec. 1232. Prohibition on availability of funds relating to sovereignty of Russia over Crimea.
Sec. 1233. Modification and extension of Ukraine Security Assistance Initiative.
Sec. 1234. Report on options for assisting the Government of Ukraine in addressing integrated air and missile defense gaps.
Sec. 1235. Biennial report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member.
Sec. 1236. Sense of Congress on Georgia.
Sec. 1237. Cooperation between the United States and Ukraine regarding the titanium industry.
Subtitle E—Matters Relating to the Indo-Pacific Region
Sec. 1241. Sense of Congress on a free and open Indo-Pacific region.
Sec. 1242. Clarification of required budget information related to the Indo-Pacific.
Sec. 1243. Report on cooperation between the National Guard and Taiwan.
Sec. 1244. Report on military and security developments involving the People’s Republic of China.
Sec. 1245. Biennial report on influence operations and campaigns of the Government of the People’s Republic of China targeting military alliances and partnerships of which the United States is a member.
Sec. 1246. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean.
Sec. 1247. Sense of Congress on Taiwan defense relations.
Sec. 1248. Sense of Congress on inviting Taiwan to the Rim of the Pacific exercise.
Sec. 1249. Sense of Congress on enhancing defense and security cooperation with Singapore.
Sec. 1250. Sense of Congress.
Sec. 1251. Sense of Congress with respect to Qatar.
Sec. 1252. Statement of policy.
Sec. 1253. Report on intelligence matters regarding Taiwan.
Sec. 1254. Supporting Taiwan’s investment in asymmetric capabilities.
Sec. 1255. Modification of annual report on military and security developments involving the People’s Republic of China.
Sec. 1256. United States military presence in Palau.
Sec. 1257. Report on enhancing security partnerships between the United States and Indo-Pacific countries.
Sec. 1258. Sense of Congress on Korean and Korean-American veterans of the war in Vietnam.
Sec. 1259. Report on United States-Taiwan semiconductor working group.
Sec. 1260. Department of Defense study on the emergence of militia fleets in the South China Sea.
Sec. 1261. Statement of Congress regarding ongoing abuses against Uyghurs.
Sec. 1262. Defense and diplomatic strategy for Syria.
Sec. 1263. Statement of policy relating to reporting requirements of China’s Maritime Safety Administration.
Sec. 1264. Establishment of China Watcher Program.
Sec. 1265. Compliance by China with Nuclear Non-Proliferation Treaty.
Title XIII—Other Matters Relating to Foreign Nations
Subtitle A—Matters Relating to Europe and NATO
Sec. 1301. Report on the state of United States military investment in Europe including the European Deterrence Initiative.
Sec. 1302. Sense of Congress on United States defense posture in Europe.
Sec. 1303. Sense of Congress on security assistance to the Baltic countries.
Sec. 1304. Report relating to Nordstream 2 Pipeline.
Sec. 1305. Audit of NATO sexual harassment and sexual assault policies and processes.
Sec. 1306. Report on efforts of NATO to counter misinformation and disinformation.
Sec. 1307. Funding for the NATO Strategic Communications Center of Excellence.
Sec. 1308. Briefing on improvements to NATO Strategic Communications Center of Excellence.
Sec. 1309. Sense of Congress on enhancing NATO efforts to counter misinformation and disinformation.
Sec. 1309A. Sense of Congress relating to the NATO Parliamentary Assembly.
Subtitle B—Security Cooperation and Assistance
Sec. 1311. Extension of authority for certain payments to redress injury and loss.
Sec. 1312. Foreign Area Officer assessment and review.
Sec. 1313. Women, peace, and security act implementation at military service academies.
Sec. 1314. Extension and modification of authority for certain payments to redress injury and loss.
Sec. 1315. Report on security assistance to the Governments of Mali, Guinea, and Chad.
Sec. 1316. Study on certain security cooperation programs.
Sec. 1317. Plan for vetting security assistance participants for participation in groups that have a violent ideology.
Subtitle C—Other Matters
Sec. 1321. Extension of authority for Department of Defense support for stabilization activities in national security interest of the United States.
Sec. 1322. Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of Operation Allies Refuge.
Sec. 1323. Limitation on use of funds for the 2022 Olympic and Paralympic Winter games in China.
Sec. 1324. Report on hostilities involving United States Armed Forces.
Sec. 1325. Imposition of sanctions with respect to Nord Stream 2.
Sec. 1326. Report on Azerbaijan.
Sec. 1327. Rule of Law and Democratic Stability in Central America Act.
Sec. 1328. Department of State efforts regarding firearms trafficking to Mexico.
Sec. 1329. Gray Zone Review Act.
Sec. 1330. Transnational repression accountability and prevention.
Sec. 1331. Combating global corruption.
Sec. 1332. Report on participants in security cooperation training programs and recipients of security assistance training that have been designated for human rights abuses, terrorist activities or participation in a military coup.
Sec. 1333. Sense of Congress relating to the Grand Ethiopian Renaissance Dam.
Sec. 1334. Prohibition on support or military participation against the Houthis.
Sec. 1335. Determination and suspension of certain defense services and support to Saudi Arabia.
Sec. 1336. Prohibition on security cooperation with Brazil.
Sec. 1337. Briefing on Department of Defense Program to Protect United States Students Against Foreign Agents.
Sec. 1338. Sense of Congress on Israel as a critical defense partner.
Sec. 1339. Report on Haiti.
Sec. 1340. Strategy to counter violent extremism and armed conflict in Mozambique.
Sec. 1341. Establishment of the office of city and state diplomacy.
Sec. 1342. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen.
Sec. 1343. Report on incidents of arbitrary detention, violence, and state-sanctioned harassment by the Government of Egypt against Americans.
Sec. 1344. Modification of authority of the President under the Export Control Reform Act of 2018.
Sec. 1345. Report and determination on extrajudicial killings and torture by Egyptian Government security forces.
Sec. 1346. Trans-Sahara Counterterrorism Partnership Program.
Sec. 1347. Human rights awareness for American athletic delegations.
Sec. 1348. Report on human rights in Colombia.
Sec. 1349. Prohibition on exports of items used for crowd control purposes to Colombia’s Mobile Anti-Disturbances Squadron.
Sec. 1350. Annual report relating to the situation in the Democratic Republic of the Congo.
Sec. 1351. Report on Israeli regional military coordination.
Sec. 1352. Arctic Region Diplomacy Policy.
Sec. 1353. Prohibition on use of funds to provide for the commercial export or transfer of certain military or policy weaponry to Saudi Arabia’s Rapid Intervention Force.
Sec. 1354. Report and strategy relating to human trafficking and slavery in Libya.
Sec. 1355. U.S.-Israel Military Technology Cooperation Act.
Sec. 1356. Report on open radio access networks technology.
Sec. 1357. Report the Grey Wolves organization.
Sec. 1358. Prioritization of efforts of the Department of State to combat international trafficking in covered synthetic drugs.
Sec. 1359. Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors.
Sec. 1360. Report on United States humanitarian aid to Nagorno Karabakh.
Sec. 1361. Annual report on United States strategy to counter malign foreign influence in Africa.
Sec. 1362. Independent study on human rights abuses related to the arms exports of the top five arms-exporting foreign countries.
Sec. 1363. Funding for civilian harm mitigation by Defense Security Cooperation Agency.
Subtitle D—Central American Women and Children Protection Act of 2021
Sec. 1371. Short title.
Sec. 1372. Findings.
Sec. 1373. Women and children protection compacts.
Sec. 1374. Authorization of assistance.
Sec. 1375. Congressional notification.
Sec. 1376. Compact progress reports and briefings.
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. 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. 1413. Authorization of appropriations for Armed Forces Retirement Home.
Sec. 1414. Establishment of Southern New England Regional Commission.
Title XV—Cyberspace-Related Matters
Subtitle A—Cyber Threats
Sec. 1501. Cyber threat information collaboration environment.
Sec. 1502. Enterprise-wide procurement of commercial cyber threat information products.
Subtitle B—Cyber Systems and Operations
Sec. 1511. Legacy information technologies and systems accountability.
Sec. 1512. Update relating to responsibilities of Chief Information Officer.
Sec. 1513. Protective Domain Name System within the Department of Defense.
Subtitle C—Cyber Weapons
Sec. 1521. Notification requirements regarding cyber weapons.
Sec. 1522. Cybersecurity of weapon systems.
Sec. 1523. Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard.
Subtitle D—Other Cyber Matters
Sec. 1531. Feasibility study regarding establishment within the Department of Defense a designated central program office, headed by a senior Department official, responsible for overseeing all academic engagement programs focusing on creating cyber talent across the Department.
Sec. 1532. Prohibition on Chief Information Officer of the Department of Defense serving as Principal Cyber Advisor of the Department.
Sec. 1533. Authority for National Cyber Director to accept details on nonreimbursable basis.
Sec. 1534. CyberSentry program of the Cybersecurity and Infrastructure Security Agency.
Sec. 1535. Cyber Incident Review Office.
Sec. 1536. CISA Director appointment and term.
Sec. 1537. United States-Israel cybersecurity cooperation.
Sec. 1538. Cyber incident response plan.
Sec. 1539. Report on plan to fully fund the Information Systems Security Program and next generation encryption.
Sec. 1540. Assessment of Controlled Unclassified Information Program.
Sec. 1541. Evaluation of Department of Defense cyber governance.
Sec. 1542. Operational technology and mission-relevant terrain in cyberspace.
Sec. 1543. Implementation of certain cybersecurity recommendations; cyber hygiene and Cybersecurity Maturity Model Certification Framework.
Sec. 1544. National Cyber Exercise Program.
Sec. 1545. Department of Homeland Security guidance with respect to certain information and communications technology or services contracts.
Sec. 1546. Strategic assessment relating to innovation of information systems and cybersecurity threats.
Title XVI—Space Activities, Strategic Programs, and Intelligence Matters
Subtitle A—Space Activities
Sec. 1601. Improvements to tactically responsive space launch program.
Sec. 1602. National security space launch program.
Sec. 1603. Classification review of programs of the Space Force.
Sec. 1604. Report on Range of the Future initiative of the Space Force.
Sec. 1605. Norms of behavior for international rules-based order in space.
Sec. 1606. Programs of record of Space Force and commercial capabilities.
Sec. 1607. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing.
Sec. 1608. National Security Council briefing on potential harmful interference to Global Positioning System.
Sec. 1609. Limitation on availability of funds for prototype program for multiglobal navigation satellite system receiver development.
Sec. 1610. Report on space debris.
Sec. 1610A. National Space Council briefing on threats to United States space systems.
Sec. 1610B. Leveraging commercial on-orbit satellite servicing.
Sec. 1610C. Report on sensing capabilities of the Department of Defense to assist fighting wildfires.
Sec. 1610D. Non-geostationary orbit satellite constellations.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1611. Notification of certain threats to United States Armed Forces by foreign governments.
Sec. 1612. Strategy and plan to implement certain defense intelligence reforms.
Sec. 1613. Authority of Under Secretary of Defense for Intelligence and Security to engage in fundraising for certain nonprofit organizations.
Sec. 1614. Executive agent for explosive ordnance intelligence.
Sec. 1615. Inclusion of explosive ordnance intelligence in Defense Intelligence Agency activities.
Sec. 1616. Modification of requirement for annual reports on vulnerabilities equities process.
Subtitle C—Nuclear Forces
Sec. 1621. Exercises of nuclear command, control, and communications system.
Sec. 1622. Independent review of nuclear command, control, and communications system.
Sec. 1623. Review of safety, security, and reliability of nuclear weapons and related systems.
Sec. 1624. Review of engineering and manufacturing development contract for ground-based strategic deterrent program.
Sec. 1625. Long-range standoff weapon.
Sec. 1626. Prohibition on reduction of the intercontinental ballistic missiles of the United States.
Sec. 1627. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile.
Sec. 1628. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile.
Sec. 1629. Annual certification on readiness of Minuteman III intercontinental ballistic missiles.
Sec. 1630. Cost estimate to re-alert long-range bombers.
Sec. 1631. Notification regarding intercontinental ballistic missiles of China.
Sec. 1632. Information regarding review of Minuteman III service life extension program.
Sec. 1633. Sense of Congress regarding nuclear posture review.
Sec. 1634. Report on global nuclear leadership of the United States.
Subtitle D—Missile Defense Programs
Sec. 1641. Directed energy programs for ballistic and hypersonic missile defense.
Sec. 1642. Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency.
Sec. 1643. Missile defense radar in Hawaii.
Sec. 1644. Guam integrated air and missile defense system.
Sec. 1645. Limitation on availability of funds until receipt of certain report on Guam.
Sec. 1646. Repeal of transition of ballistic missile defense programs to military departments.
Sec. 1647. Certification required for Russia and China to tour certain missile defense sites.
Sec. 1648. Sense of Congress on next generation interceptor program.
Sec. 1649. Studies by private scientific advisory group known as JASON.
Sec. 1650. Report on senior leadership of Missile Defense Agency.
Sec. 1650A. Sense of Congress on Aegis Ashore sites in Poland and Romania.
Subtitle E—Other Matters
Sec. 1651. Cooperative threat reduction funds.
Sec. 1652. Establishment of office to address unidentified aerial phenomena.
Sec. 1653. Matters regarding Integrated Deterrence Review.
Sec. 1654. Sense of Congress on indemnification and the conventional prompt global strike weapon system.
Sec. 1655. Declassification review relating to tests in the Marshall Islands.
Title XVII—Technical Amendments Related to the Transfer and Reorganization of Defense Acquisition Statutes
Sec. 1701. Technical, conforming, and clerical amendments related to the transfer and reorganization of defense acquisition statutes.
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.
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. Modification of authority to carry out certain fiscal year 2021 project.
Sec. 2106. 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 of authority to carry out certain fiscal year 2017 project.
Title XXV—International Programs
Subtitle A—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B—Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
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. Conditions on closure 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. Special construction authority to use operation and maintenance funds to meet certain United States military-related construction needs in friendly foreign countries.
Sec. 2802. Increase in maximum amount authorized for use of unspecified minor military construction project authority.
Sec. 2803. Increased transparency and public availability of information regarding solicitation and award of subcontracts under military construction contracts.
Sec. 2804. Public availability of information on Facilities Sustainment, Restoration, and Modernization projects and activities.
Sec. 2805. Limitations on authorized cost and scope of work variations.
Sec. 2806. Use of qualified apprentices by military construction contractors.
Sec. 2807. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.
Sec. 2808. Improved congressional oversight and public transparency of military construction contract awards.
Sec. 2809. Flood risk management for military construction.
Sec. 2809A. Department of Defense stormwater management projects for military installations and defense access roads.
Subtitle B—Continuation of Military Housing Reforms
Sec. 2811. Applicability of window fall prevention requirements to all military family housing whether privatized or Government‑owned and Government‑controlled.
Sec. 2812. Modification of military housing to accommodate tenants with disabilities.
Sec. 2813. Required investments in improving military unaccompanied housing.
Sec. 2814. 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.
Sec. 2823. Department of Defense monitoring of real property ownership and occupancy in vicinity of military installations to identify foreign adversary ownership or occupancy.
Sec. 2824. Intergovernmental support agreements for installation-support services.
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. Congressional oversight of master plans for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements.
Subtitle E—Matters Related to Unified Facilities Criteria and Military Construction Planning and Design
Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects.
Sec. 2842. Additional Department of Defense activities to improve energy resiliency of military installations.
Sec. 2843. Consideration of anticipated increased share of electric vehicles in Department of Defense vehicle fleet and owned by members of the Armed Forces and Department employees.
Sec. 2844. Conditions on revision of Unified Facilities Criteria or Unified Facilities Guide Specifications regarding use of variable refrigerant flow systems.
Sec. 2845. Amendment of Unified Facilities Criteria to promote energy efficient 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, Rosecrans Air National Guard Base, Saint Joseph, Missouri.
Sec. 2854. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia.
Subtitle G—Authorized Pilot Programs
Sec. 2861. Pilot program on increased use of mass timber in military construction.
Sec. 2862. Pilot program on increased use of sustainable building materials in military construction.
Sec. 2863. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force.
Sec. 2864. Pilot program to expedite 5G telecommunications on military installations through deployment of telecommunications infrastructure.
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 report on renewal of Department of Defense easements and leases of land in Hawai‘i.
Sec. 2873. Report on long-term infrastructure needs to support Marine Corps realignment in United States Indo-Pacific Command Area of Responsibility.
Sec. 2874. Five-year updates of Hawai‘i Military Land Use Master Plan.
Subtitle I—Miscellaneous Studies and Reports
Sec. 2881. Identification of organic industrial base gaps and vulnerabilities related to climate change and defensive cybersecurity capabilities.
Sec. 2882. Report on recognition of African American servicemembers in Department of Defense naming practices.
Subtitle J—Other Matters
Sec. 2891. Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities.
Title XXIX—Additional Military Construction Projects Related to Science, Technology, Test, and Evaluation
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition projects.
Sec. 2904. Authorization of appropriations.
Division C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
Title I—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, Limitations, and Other Matters
Sec. 3111. Improvements to annual reports on condition of the United States nuclear weapons stockpile.
Sec. 3112. Modifications to certain reporting requirements.
Sec. 3113. Plutonium pit production capacity.
Sec. 3114. Report on Runit Dome and related hazards.
Sec. 3115. University-based nuclear nonproliferation collaboration program.
Sec. 3116. Prohibition on availability of funds to reconvert or retire W76–2 warheads.
Sec. 3117. Department of Energy study on the W80–4 nuclear warhead life extension program.
Sec. 3118. Release of reversionary interest in certain real property, Springfield, Ohio.
Title XXXII—Defense Nuclear Facilities Safety Board
Sec. 3201. Authorization.
Sec. 3202. Technical amendments regarding Chair and Vice Chair of Defense Nuclear Facilities Safety Board.
Title XXXIV—Naval Petroleum Reserves
Sec. 3401. Authorization of appropriations.
Title XXXV—Maritime Matters
Subtitle A—Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Maritime Administration.
Subtitle B—Other Matters
Sec. 3511. Effective period for issuance of documentation for recreational vessels.
Sec. 3512. America’s marine highway program.
Sec. 3513. Committees on maritime matters.
Sec. 3514. Port Infrastructure Development Program.
Sec. 3515. Uses of emerging marine technologies and practices.
Sec. 3516. Prohibition on participation of long term charters in Tanker Security Fleet.
Sec. 3517. Coastwise endorsement.
Sec. 3518. Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing.
Sec. 3519. Coast Guard yard improvement.
Sec. 3520. 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.
Division E—Non-Department of Defense Matters
Title L—Barry Goldwater Scholarship and Excellence in Education Modernization Act
Sec. 5001. Short title.
Sec. 5002. Clarifying amendments to definitions.
Sec. 5003. Barry Goldwater Scholarship and Excellence in Education Awards.
Sec. 5004. Stipends.
Sec. 5005. Scholarship and research internship conditions.
Sec. 5006. Sustainable investments of funds.
Sec. 5007. Administrative provisions.
Title LI—Financial Services Matters
Sec. 5101. Enhanced protection against debt collector harassment of servicemembers.
Sec. 5102. Comptroller General study on enhanced protection against debt collector harassment of servicemembers.
Sec. 5103. Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts.
Sec. 5104. Adverse information in cases of trafficking.
Sec. 5105. United States policy regarding international financial institution assistance with respect to advanced wireless technologies.
Sec. 5106. Protections for obligors and cosigners in case of death or total and permanent disability.
Sec. 5107. Servicemember protections for medical debt collections.
Sec. 5108. Protections for active duty uniformed consumer.
Sec. 5109. United States contribution to the Catastrophe Containment and Relief Trust at the International Monetary Fund.
Sec. 5110. China Financial Threat Mitigation.
Sec. 5111. Banking Transparency for Sanctioned Persons.
Sec. 5112. Determination with respect to primary money laundering concern of afghan illicit finance.
Sec. 5113. Study and report on housing and service needs of survivors of trafficking and individuals at risk for trafficking.
Sec. 5114. Aml examination authority delegation study.
Sec. 5115. Coordinator for human trafficking issues.
Sec. 5116. Study on the financing of domestic violent extremists and terrorists.
Sec. 5117. Military service question.
Sec. 5118. Inclusion of veterans in housing planning.
Sec. 5119. Annual report on housing assistance to veterans.
Sec. 5120. Use of financial services providers in provision of financial literacy training for members of the Armed Forces at military installations outside the United States.
Sec. 5121. SAVE Act of 2021.
Sec. 5122. Prohibitions or conditions on certain transmittals of funds.
Sec. 5123. Strengthening Awareness of Sanctions.
Sec. 5124. Working Group to support innovation with respect to digital assets.
Sec. 5125. Including of Tribal Governments and Territories in the High-risk money laundering and related financial crime areas.
Sec. 5126. Report by the President on current status of activities relating to COVID–19 testing under the Defense Production Act of 1950.
Sec. 5127. Banking transparency for sanctioned persons.
Sec. 5128. FinCEN Exchange.
Sec. 5129. United States policy on Burma at the international financial institutions.
Title LII—Recommendations of the National Security Commission on Artificial Intelligence
Sec. 5201. Modification of National Defense Science and Technology Strategy.
Sec. 5202. Department of Defense plan to compete in the global information environment.
Sec. 5203. Resourcing plan for digital ecosystem.
Sec. 5204. Digital Talent recruiting officer.
Sec. 5205. Occupational series for digital career fields.
Sec. 5206. Artificial intelligence readiness goals.
Sec. 5207. Pilot program to facilitate the agile acquisition of technologies for warfighters.
Sec. 5208. Short course on emerging technologies for senior civilian leaders.
Sec. 5209. Reports on recommendations of National Security Commission on Artificial Intelligence regarding Department of Defense.
Sec. 5210. Chief Human Capital Officers Council annual report.
Sec. 5211. Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council.
Title LIII—Great Lakes Winter Shipping
Sec. 5301. Great Lakes winter shipping.
Sec. 5302. Law Enforcement Attache Deployment.
Title LIV—SAFE Banking
Sec. 5401. Short title; table of contents; purpose.
Sec. 5402. Safe harbor for depository institutions.
Sec. 5403. Protections for ancillary businesses.
Sec. 5404. Protections under Federal law.
Sec. 5405. Rules of construction.
Sec. 5406. Requirements for filing suspicious activity reports.
Sec. 5407. Guidance and examination procedures.
Sec. 5408. Annual diversity and inclusion report.
Sec. 5409. GAO study on diversity and inclusion.
Sec. 5410. GAO study on effectiveness of certain reports on finding certain persons.
Sec. 5411. Application of this title with respect to hemp-related legitimate businesses and hemp-related service providers.
Sec. 5412. Banking services for hemp-related legitimate businesses and hemp-related service providers.
Sec. 5413. Requirements for deposit account termination requests and orders.
Sec. 5414. Definitions.
Sec. 5415. Discretionary surplus funds.
Title LV—Wilderness and public lands
Subtitle A—Colorado Wilderness
Sec. 5501. Secretary defined.
Sec. 5502. Additions to National Wilderness Preservation System in the State of Colorado.
Sec. 5503. Administrative provisions.
Sec. 5504. Water.
Sec. 5505. Sense of Congress.
Sec. 5506. Department of defense study on impacts that the expansion of wilderness designations in the western united states would have on the readiness of the armed forces of the united states with respect to aviation training.
Subtitle B—Northwest California Wilderness, Recreation, and Working Forests
Sec. 5510. Definitions.
Part 1—Restoration and Economic Development
Sec. 5511. South Fork Trinity-Mad River Restoration Area.
Sec. 5512. Redwood National and State Parks restoration.
Sec. 5513. California Public Lands Remediation Partnership.
Sec. 5514. Trinity Lake visitor center.
Sec. 5515. Del Norte County visitor center.
Sec. 5516. Management plans.
Sec. 5517. Study; partnerships related to overnight accommodations.
Part 2—Recreation
Sec. 5521. Horse Mountain Special Management Area.
Sec. 5522. Bigfoot National Recreation Trail.
Sec. 5523. Elk Camp Ridge Recreation Trail.
Sec. 5524. Trinity Lake Trail.
Sec. 5525. Trails study.
Sec. 5526. Construction of mountain bicycling routes.
Sec. 5527. Partnerships.
Part 3—Conservation
Sec. 5531. Designation of wilderness.
Sec. 5532. Administration of wilderness.
Sec. 5533. Designation of potential wilderness.
Sec. 5534. Designation of wild and scenic rivers.
Sec. 5535. Sanhedrin Special Conservation Management Area.
Part 4—Miscellaneous
Sec. 5541. Maps and legal descriptions.
Sec. 5542. Updates to land and resource management plans.
Sec. 5543. Pacific Gas and Electric Company Utility facilities and rights-of-way.
Subtitle C—Wild Olympics Wilderness and Wild and Scenic Rivers
Sec. 5551. Designation of olympic national forest wilderness areas.
Sec. 5552. Wild and scenic river designations.
Sec. 5553. Existing rights and withdrawal.
Sec. 5554. Treaty rights.
Subtitle D—Central Coast Heritage Protection
Sec. 5561. Definitions.
Sec. 5562. Designation of wilderness.
Sec. 5563. Designation of the Machesna Mountain Potential Wilderness.
Sec. 5564. Administration of wilderness.
Sec. 5565. Designation of Wild and Scenic Rivers.
Sec. 5566. Designation of the Fox Mountain Potential Wilderness.
Sec. 5567. Designation of scenic areas.
Sec. 5568. Condor National Scenic Trail.
Sec. 5569. Forest service study.
Sec. 5570. Nonmotorized recreation opportunities.
Sec. 5571. Use by members of Tribes.
Subtitle E—San Gabriel Mountains Foothills and Rivers Protection
Sec. 5580. Definition of State.
Part 1—San Gabriel National Recreation Area
Sec. 5581. Purposes.
Sec. 5582. Definitions.
Sec. 5583. San Gabriel National Recreation Area.
Sec. 5584. Management.
Sec. 5585. Acquisition of non-Federal land within Recreation Area.
Sec. 5586. Water rights; water resource facilities; public roads; utility facilities.
Sec. 5587. San Gabriel National Recreation Area Public Advisory Council.
Sec. 5588. San Gabriel National Recreation Area Partnership.
Sec. 5589. Visitor services and facilities.
Part 2—San Gabriel Mountains
Sec. 5591. Definitions.
Sec. 5592. National Monument Boundary Modification.
Sec. 5593. Designation of Wilderness Areas and Additions.
Sec. 5594. Administration of Wilderness Areas and Additions.
Sec. 5595. Designation of Wild and Scenic Rivers.
Sec. 5596. Water rights.
Subtitle F—Rim of the Valley Corridor Preservation
Sec. 5597. Boundary adjustment; land acquisition; administration.
Title LVI—Colorado and Grand Canyon Public Lands
Subtitle A—Colorado Outdoor Recreation and Economy
Sec. 5601. Definition of State.
Part 1—Continental Divide
Sec. 5611. Definitions.
Sec. 5612. Colorado Wilderness additions.
Sec. 5613. Williams Fork Mountains Wilderness.
Sec. 5614. Tenmile Recreation Management Area.
Sec. 5615. Porcupine Gulch Wildlife Conservation Area.
Sec. 5616. Williams Fork Mountains Wildlife Conservation Area.
Sec. 5617. Camp Hale National Historic Landscape.
Sec. 5618. White River National Forest boundary modification.
Sec. 5619. Rocky Mountain National Park Potential Wilderness boundary adjustment.
Sec. 5620. Administrative provisions.
Part 2—San Juan Mountains
Sec. 5631. Definitions.
Sec. 5632. Additions to National Wilderness Preservation System.
Sec. 5633. Special management areas.
Sec. 5634. Release of wilderness study areas.
Sec. 5635. Administrative provisions.
Part 3—Thompson Divide
Sec. 5641. Purposes.
Sec. 5642. Definitions.
Sec. 5643. Thompson Divide Withdrawal and Protection Area.
Sec. 5644. Thompson Divide lease exchange.
Sec. 5645. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program.
Sec. 5646. Effect.
Part 4—Curecanti National Recreation Area
Sec. 5651. Definitions.
Sec. 5652. Curecanti National Recreation Area.
Sec. 5653. Acquisition of land; boundary management.
Sec. 5654. General management plan.
Sec. 5655. Boundary survey.
Subtitle B—Grand Canyon Protection
Sec. 5661. Withdrawal of Certain Federal land in the State of Arizona.
Title LVII—Strengthening Marine Mammal Conservation
Sec. 5701. Definition of Administrator.
Sec. 5702. Vessel speed restrictions in marine mammal habitat.
Sec. 5703. Monitoring ocean soundscapes.
Sec. 5704. Grants for seaports to establish programs to reduce the impacts of vessel traffic and port operations on marine mammals.
Sec. 5705. Near real-time monitoring and mitigation program for large whales.
Sec. 5706. Grants to support technology that reduces underwater noise from vessels.
Sec. 5707. Technology assessment for quieting United States Government vessels.
Title LVIII—Alcee L. Hastings Leadership Institute for Inclusive Transatlantic Engagement
Sec. 5801. Establishment of Alcee L. Hastings Leadership Institute for Inclusive Transatlantic Engagement as pilot program.
Sec. 5802. Purposes and authority of Alcee L. Hastings Leadership Institute for Inclusive Transatlantic Engagement.
Sec. 5803. Administrative provisions.
Sec. 5804. Administrative provisions.
Sec. 5805. Definitions.
Sec. 5806. Authorization of appropriations; disbursements.
Title LIX—Federal Cybersecurity Workforce Expansion
Sec. 5901. Findings.
Sec. 5902. Cybersecurity and infrastructure security apprenticeship program.
Sec. 5903. Pilot program on cyber training for veterans and members of the armed forces transitioning to civilian life.
Sec. 5904. Federal workforce assessment extension.
Sec. 5905. Title XXII technical and clerical amendments.
Title LX—Saudi Arabia Accountability for Gross Violations of Human Rights Act
Sec. 6001. Short title.
Sec. 6002. Findings.
Sec. 6003. Sanctions with respect to foreign persons listed in the report of the Director of National Intelligence on the murder of Jamal Khashoggi.
Sec. 6004. Report on intimidation or harassment directed against individuals in the United States and other matters.
Sec. 6005. Report on efforts to uphold human rights in United States security assistance programs with the Government of Saudi Arabia.
Sec. 6006. Report on certain entities connected to foreign persons on the murder of Jamal Khashoggi.
Title LXI—Preventing Future Pandemics
Sec. 6101. Wildlife market defined.
Sec. 6102. International cooperation.
Title LXII—Department of Homeland Security Measures
Subtitle A—DHS Headquarters, Research and Development, and Related Matters
Sec. 6201. Chief Human Capital Officer responsibilities.
Sec. 6202. Employee engagement steering committee and action plan.
Sec. 6203. Annual employee award program.
Sec. 6204. Independent investigation and implementation plan.
Sec. 6205. Impacts of shutdown.
Sec. 6206. Technical corrections to quadrennial homeland security review.
Sec. 6207. Authorization of the acquisition professional career program.
Sec. 6208. National Urban Security Technology Laboratory.
Sec. 6209. Department of Homeland Security Blue Campaign enhancement.
Sec. 6210. Department of homeland security mentor-protégé program.
Sec. 6211. Medical countermeasures program.
Sec. 6212. Critical domain research and development.
Subtitle B—Cybersecurity
Sec. 6221. Title XXII technical and clerical amendments.
Sec. 6222. State and local cybersecurity grant program.
Sec. 6223. Strategy.
Sec. 6224. Cybersecurity vulnerabilities.
Sec. 6225. Capabilities of the Cybersecurity and Infrastructure Security Agency to identify threats to industrial control systems.
Sec. 6226. Report on cybersecurity vulnerabilities.
Sec. 6227. Competition relating to cybersecurity vulnerabilities.
Sec. 6228. National Cyber Exercise Program.
Subtitle C—Transportation Security
Sec. 6231. Survey of the Transportation Security Administration workforce regarding COVID–19 response.
Sec. 6232. Transportation security preparedness plan.
Sec. 6233. Authorization of Transportation Security Administration personnel details.
Sec. 6234. Transportation Security Administration preparedness.
Sec. 6235. Plan to reduce the spread of coronavirus at passenger screening checkpoints.
Sec. 6236. Comptroller General review of Department of Homeland Security trusted traveler programs.
Sec. 6237. Enrollment redress with respect to Department of Homeland Security trusted traveler programs.
Sec. 6238. Threat information sharing.
Sec. 6239. Local law enforcement security training.
Sec. 6240. Allowable uses of funds for public transportation security assistance grants.
Sec. 6241. Periods of performance for public transportation security assistance grants.
Sec. 6242. GAO review of public transportation security assistance grant program.
Sec. 6243. Sensitive security information; international aviation security.
Title LXIII—COVID–19 Emergency Medical Supplies
Sec. 6301. Short title.
Sec. 6302. Determination on emergency supplies and relationship to state and local efforts.
Sec. 6303. Engagement with the private sector.
Sec. 6304. Enhancement of supply chain production.
Sec. 6305. Oversight of current activity and needs.
Sec. 6306. Enhancements to the Defense Production Act of 1950.
Sec. 6307. Securing essential medical materials.
Sec. 6308. GAO report.
Sec. 6309. Definitions.
Title LXIV—Other Matters
Sec. 6401. FAA rating of civilian pilots of the Department of Defense.
Sec. 6402. Property disposition for affordable housing.
Sec. 6403. Requirement to establish a national network for microelectronics research and development.
Sec. 6404. Definition of State for purposes of Omnibus Crime Control and Safe Streets Act of 1968.
Sec. 6405. Advancing Mutual Interests and Growing Our Success.
Sec. 6406. Department of Veterans Affairs Governors Challenge grant program.
Sec. 6407. Foreign Corruption Accountability.
Sec. 6408. Justice for Victims of Kleptocracy.
Sec. 6409. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria.
Sec. 6410. Extension of period of eligibility by reason of school closures due to emergency and other situations under Department of Veterans Affairs training and rehabilitation program for veterans with service-connected disabilities.
Sec. 6411. Extension of time limitation for use of entitlement under Department of Veterans Affairs educational assistance programs by reason of school closures due to emergency and other situations.
Sec. 6412. Exemption of certain Homeland Security fees for certain immediate relatives of an individual who received the Purple Heart.
Sec. 6413. Payments to individuals who served during World War II in the United States Merchant Marine.
Sec. 6414. Resolution of controversies under Servicemembers Civil Relief Act.
Sec. 6415. Limitation on waiver of rights and protections under Servicemembers Civil Relief Act.
Sec. 6416. Clarification of private right of action under Servicemembers Civil Relief Act.
Sec. 6417. Prohibition on United States persons from purchasing or selling Russian sovereign debt.
Sec. 6418. Addition of Virgin Islands visa waiver to Guam and Northern Mariana Islands visa waiver.
Sec. 6419. Threshold for reporting additions to toxics release inventory.
Sec. 6420. National primary drinking water regulations for PFAS.
Sec. 6421. PFAS data call.
Sec. 6422. EPA requirement for submission of analytical reference standards for PFAS.
Sec. 6423. Review of Standard Occupational Classification System.
Sec. 6424. Eligibility for interment in national cemeteries.
Sec. 6425. Afghanistan Refuge Special Envoy.
Sec. 6426. Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired.
Sec. 6427. Authorization for United States participation in the Coalition for Epidemic Preparedness Innovations.
Sec. 6428. Sense of Congress on role of human rights in reducing violence in Nigeria.
Sec. 6429. Treatment of paycheck protection program loan forgiveness of payroll costs under highway and public transportation project cost reimbursement contracts.
Sec. 6430. Grants to States for Seal of Biliteracy programs.
Sec. 6431. Annual report from the Advisory Committee on Women Veterans.
Sec. 6432. Study on contamination of Coldwater Creek, Missouri.
Sec. 6433. Recognition and honoring of service of individuals who served in United States Cadet Nurse Corps during World War II.
Sec. 6434. Report relating to establishment of preclearance facility in Taiwan.
Sec. 6435. Documenting and responding to discrimination against migrants abroad.
Sec. 6436. Sense of Congress on recognizing women in the United States for their service in World War II and recognizing the role of Representative Edith Nourse Rogers in establishing the Women’s Army Auxiliary Corps and the Women’s Army Corps.
Sec. 6437. Protection of Saudi Dissidents Act of 2021.
Sec. 6438. Global Health Security Act of 2021.
Sec. 6439. Codification of the FedRAMP program.
Sec. 6440. Annual report on veteran access to gender specific services under Department of Veterans Affairs community care contracts.
Sec. 6441. Establishment of environment of care standards and inspections at Department of Veterans Affairs medical centers.
Sec. 6442. National Global War on Terrorism Memorial.
Sec. 6443. Amendments to annual Country Reports on Human Rights Practices.
Sec. 6444. National security commission on synthetic biology.
Sec. 6445. Requirements relating to unmanned aircraft systems.
Sec. 6446. Admission of essential scientists and technical experts to promote and protect National Security Innovation Base.
Sec. 6447. Contracts by the President, the Vice President, or a Cabinet Member.
Sec. 6448. Report on all comprehensive sanctions imposed on foreign governments.
Sec. 6449. Comptroller General report on equipment in Afghanistan.
Sec. 6450. China Economic Data Coordination Center.
Sec. 6451. Flight instruction or testing.
Sec. 6452. Required notification and reports related to Peacekeeping Operations account.
Sec. 6453. National biodefense science and technology strategy.
Sec. 6454. Tick identification pilot program.
Sec. 6455. Preventing Sexual Harassment in Public Housing.
Sec. 6456. Semiconductor production incentive expansion.
Sec. 6457. Semiconductor production incentive expansion.
Sec. 6458. Authority for Secretary of Health and Human Services to accept unused COVID–19 vaccines for potential redistribution.
Sec. 6459. Pilot program to employ veterans in positions relating to conservation and resource management activities.
Sec. 6460. Use of veterans with medical occupations in response to national emergencies.
Sec. 6461. Critical Technology Security Centers.
Sec. 6462. Pilot program on doula support for veterans.
Sec. 6463. Establishment of Afghan Threat Finance Cell.
Sec. 6464. Determination of potential genocide or crimes against humanity in Ethiopia.
Sec. 6465. Attorney General report on war crimes and torture by United States citizens in Libya.
Sec. 6466. Review of implementation of United States sanctions with respect to violators of the arms embargo on Libya.
Sec. 6467. Prohibition of Federal funding for induced or required undermining of security of consumer communications goods.
Sec. 6468. Annual report on surveillance sales to repressive governments.
Sec. 6469. Review of sanctions with respect to Russian kleptocrats and human rights abusers.
Sec. 6470. Modifications to and reauthorization of sanctions with respect to human rights violations.
Sec. 6471. Sense of Congress with respect to the production of baseload power in the United States.
Sec. 6472. Strategy and reporting related to United States engagement in Somalia.
Sec. 6473. Prohibition on contributions to support the G5 Sahel Joint Force.
Sec. 6474. Menstrual products in public buildings.
Sec. 6475. Department of Veterans Affairs awareness campaign on fertility services.
Sec. 6476. Memorial for those who lost their lives in the attack on Hamid Karzai International Airport on August 26, 2021.
Sec. 6477. Corey Adams Green Alert Systems Technical Assistance.
Sec. 6478. Housing allowance for Federal wildland firefighters.
Sec. 6479. Mental health program for Federal wildland firefighters.
Sec. 6480. Reports on substance abuse in the Armed Forces.
Sec. 6481. Prohibition on the use of funds for aerial fumigation in Colombia.
Sec. 6482. Annual report on United States policy toward South Sudan.
Sec. 6483. Sense of Congress on the use of the Defense Production Act of 1950 for global vaccine production.
Sec. 6484. National Academies Science, Technology, and Security Roundtable.
Sec. 6485. Prohibition on Federal Funding to EcoHealth Alliance, Inc.
Sec. 6486. Blocking Deadly Fentanyl Imports.
Sec. 6487. Department of Veterans Affairs report on supportive services and housing insecurity.
Sec. 6488. Report on obstacles to veteran participation in Federal housing programs.
Sec. 6489. Inclusion on the Vietnam Veterans Memorial Wall of the names of the lost crew members of the U.S.S. Frank E. Evans killed on June 3, 1969.
Sec. 6490. Jamal Khashoggi Press Freedom Accountability Act of 2021.
Sec. 6491. Interagency One Health Program.
Sec. 6492. Support for Afghan Special Immigrant Visa and Refugee Applicants.
Sec. 6493. Review and Report of experimentation with ticks and insects.
Sec. 6494. Increase in length of post-employment ban on lobbying by certain former senior executive branch personnel.
Sec. 6495. Afghan refugees of special humanitarian concern.
Sec. 6496. Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science.
Sec. 6497. Report on effectiveness of Taliban sanctions.
Sec. 6498. Report on net worth of Syrian President Bashar al-Assad.
Sec. 6499. Report on assistance to Turkmenistan.
Sec. 6499A. Report on space debris and low Earth orbit satellites.
Sec. 6499B. Study on supply chains critical to national security.
Sec. 6499C. Strategy for engagement with Southeast Asia and ASEAN.
Sec. 6499D. Representation and leadership of United States in communications standards-setting bodies.
Sec. 6499E. Malign foreign talent recruitment program prohibition.
Sec. 6499F. National equal pay enforcement task force.
Sec. 6499G. Ensuring that contractor employees on army corps projects are paid prevailing wages as required by law.
Sec. 6499H. Definition of land use revenue under West Los Angeles Leasing Act of 2016.
Sec. 6499I. Amendment to Radiation Exposure Compensation Act.
Sec. 6499J. Limitation on licenses and other authorizations for export of certain items removed from the jurisdiction of the United States Munitions List and made subject to the jurisdiction of the Export Administration Regulations.
Sec. 6499K. Study on factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries.
Title LXV—Securing and Enabling Commerce Using Remote and Electronic Notarization
Sec. 6501. Definitions.
Sec. 6502. Authorization to perform and minimum standards for electronic notarization.
Sec. 6503. Authorization to perform and minimum standards for remote notarization.
Sec. 6504. Recognition of notarizations in Federal court.
Sec. 6505. Recognition by state of notarizations performed under authority of another State.
Sec. 6506. Electronic and remote notarization not required.
Sec. 6507. Validity of notarizations; rights of aggrieved persons not affected; State laws on the practice of law not affected.
Sec. 6508. Exception to preemption.
Sec. 6509. Standard of care; special notarial commissions.
Sec. 6510. Severability.
Division F—Department of State Authorities
Title LXX—Department of State Authorities
Sec. 7001. Short title.
Sec. 7002. Definitions.
Subtitle A—Organization and Operations of the Department of State
Sec. 7101. Diplomatic Programs.
Sec. 7102. Sense of Congress on importance of Department of State’s work.
Sec. 7103. Bureau of Democracy, Human Rights, and Labor.
Sec. 7104. Assistant Secretary for International Narcotics and Law Enforcement Affairs.
Sec. 7105. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration.
Sec. 7106. Office of International Disability Rights.
Sec. 7107. Anti-piracy information sharing.
Sec. 7108. Importance of foreign affairs training to national security.
Sec. 7109. Classification and assignment of Foreign Service officers.
Sec. 7110. Energy diplomacy and security within the Department of State.
Sec. 7111. National Museum of American Diplomacy.
Sec. 7112. 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. 7113. Art in embassies.
Sec. 7114. Amendment or repeal of reporting requirements.
Sec. 7115. Reporting on implementation of GAO recommendations.
Sec. 7116. Office of Global Criminal Justice.
Subtitle B—Embassy Construction
Sec. 7201. Embassy security, construction, and maintenance.
Sec. 7202. Standard design in capital construction.
Sec. 7203. Capital construction transparency.
Sec. 7204. Contractor performance information.
Sec. 7205. Growth projections for new embassies and consulates.
Sec. 7206. Long-range planning process.
Sec. 7207. Value engineering and risk assessment.
Sec. 7208. Business volume.
Sec. 7209. Embassy security requests and deficiencies.
Sec. 7210. Overseas security briefings.
Sec. 7211. Contracting methods in capital construction.
Sec. 7212. Competition in embassy construction.
Sec. 7213. Statement of policy.
Sec. 7214. Definitions.
Subtitle C—Personnel Issues
Sec. 7301. Defense Base Act insurance waivers.
Sec. 7302. Study on Foreign Service allowances.
Sec. 7303. Science and technology fellowships.
Sec. 7304. Travel for separated families.
Sec. 7305. Home leave travel for separated families.
Sec. 7306. Sense of Congress regarding certain fellowship programs.
Sec. 7307. Technical correction.
Sec. 7308. Foreign Service awards.
Sec. 7309. Workforce actions.
Sec. 7310. Sense of Congress regarding veterans employment at the Department of State.
Sec. 7311. Employee assignment restrictions and preclusions.
Sec. 7312. Recall and reemployment of career members.
Sec. 7313. Strategic staffing plan for the Department of State.
Sec. 7314. Consulting services.
Sec. 7315. Incentives for critical posts.
Sec. 7316. Extension of authority for certain accountability review boards.
Sec. 7317. Foreign Service suspension without pay.
Sec. 7318. Foreign Affairs Manual and Foreign Affairs Handbook changes.
Sec. 7319. Waiver authority for individual occupational requirements of certain positions.
Sec. 7320. Appointment of employees to the Global Engagement Center.
Sec. 7321. Rest and recuperation and overseas operations leave for Federal employees.
Sec. 7322. Emergency medical services authority.
Sec. 7323. Department of State Student Internship Program.
Sec. 7324. Competitive status for certain employees hired by Inspectors General to support the lead IG mission.
Sec. 7325. Cooperation with Office of the Inspector General.
Sec. 7326. Information on educational opportunities for children with special educational needs consistent with the Individuals With Disabilities Education Act.
Sec. 7327. Implementation of gap memorandum in selection board process.
Subtitle D—A Diverse Workforce: Recruitment, Retention, and Promotion
Sec. 7401. Definitions.
Sec. 7402. Collection, analysis, and dissemination of workforce data.
Sec. 7403. Exit interviews for workforce.
Sec. 7404. Recruitment and retention.
Sec. 7405. Promoting diversity and inclusion in the national security workforce.
Sec. 7406. Leadership engagement and accountability.
Sec. 7407. Professional development opportunities and tools.
Sec. 7408. Examination and oral assessment for the Foreign Service.
Sec. 7409. Payne fellowship authorization.
Sec. 7410. Voluntary participation.
Subtitle E—Information Security
Sec. 7501. Definitions.
Sec. 7502. List of certain telecommunications providers.
Sec. 7503. Preserving records of electronic communications conducted related to official duties of positions in the public trust of the American people.
Sec. 7504. Foreign Relations of the United States (FRUS) series and declassification.
Sec. 7505. Vulnerability Disclosure Policy and Bug Bounty Pilot Program.
Subtitle F—Public Diplomacy
Sec. 7601. Short title.
Sec. 7602. Avoiding duplication of programs and efforts.
Sec. 7603. Improving research and evaluation of public diplomacy.
Sec. 7604. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy.
Sec. 7605. Streamlining of support functions.
Sec. 7606. Guidance for closure of public diplomacy facilities.
Sec. 7607. Definitions.
Subtitle G—Combating Public Corruption
Sec. 7701. Sense of congress.
Sec. 7702. Annual assessment.
Sec. 7703. Transparency and accountability.
Sec. 7704. Designation of embassy anti-corruption points of contact.
Subtitle H—Other Matters
Sec. 7801. Case-Zablocki Act Reform.
Sec. 7802. Limitation on assistance to countries in default.
Sec. 7803. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment.
Sec. 7804. Modification of authorities of Commission for the Preservation of America’s Heritage Abroad.
Sec. 7805. Chief of mission concurrence.
Sec. 7806. Report on efforts of the Coronavirus Repatriation Task Force.
Division G—Global Pandemic Prevention and Biosecurity
Sec. 8001. Short title.
Sec. 8002. Statement of policy.
Sec. 8003. Definitions.
Sec. 8004. Findings.
Sec. 8005. United States policy toward assisting countries in preventing zoonotic spillover events.
Sec. 8006. Global zoonotic disease task force.
Sec. 8007. Preventing outbreaks of zoonotic diseases.
Sec. 8008. USAID multisectoral strategy for food security, global health, biodiversity conservation, and reducing demand for wildlife for human consumption.
Sec. 8009. Implementation of multisectoral strategy.
Sec. 8010. Establishment of conservation corps.
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.
DEPARTMENT OF DEFENSE AUTHORIZATIONS
PROCUREMENT
Authorization of Appropriations
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.
Army Programs
Multiyear procurement authority for AH–64E Apache helicopters
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.
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.
Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters
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.
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.
Continuation of Soldier Enhancement Program
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).
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).
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—
lighter, more lethal weapons; and
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.
Strategy for the procurement of accessories for the next generation squad weapon
Strategy required
The Secretary of the Army shall develop and implement a strategy to identify, test, qualify, and procure, on a competitive basis, accessories for the next generation squad weapon of the Army, including magazines and other components that could affect the performance of such weapon.
Market survey and qualification activities
Initial market survey
Not later than one year after a decision is made to enter into full-rate production for the next generation squad weapon, the Secretary of the Army shall conduct a market survey to identify accessories for such weapon, including magazines and other components, that could affect the weapon’s performance.
Qualification activities
After completing the market survey under paragraph (1), the Secretary of the Army may compete, select, procure, and conduct tests of such components to qualify such components for purchase and use. A decision to qualify such components shall be based on established technical standards for operational safety and weapon effectiveness.
Information to Congress
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall provide to the congressional defense committees a briefing or a report on—
the strategy developed and implemented by the Secretary under subsection (a); and
the results of the market survey and qualification activities under subsection (b).
Plan for ensuring sources of cannon tubes
The Secretary of the Army shall develop and implement an investment and sustainment plan to ensure the sourcing of cannon tubes for the purpose of mitigating risk to the Army and the industrial base. Under the plan, the Secretary of the Army shall—
identify qualified and capable sources, in addition to those currently used, from which cannon tubes may be procured; and
determine the feasibility, advisability, and affordability of procuring cannon tubes from such sources on a sustainable basis.
Navy Programs
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) is amended by striking fiscal year 2021
and inserting fiscal years 2021 and 2022
.
Inclusion of basic and functional design in assessments required prior to start of construction on first ship of a shipbuilding program
Section 124 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 28; 10 U.S.C. 8661 note) is amended—
in subsection (a)—
in the matter preceding paragraph (1), by striking Concurrent with approving the start of construction of the first ship for any major shipbuilding program, the Secretary of the Navy shall
and inserting The Secretary of the Navy may not enter into a contract for the construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary
;
in paragraph (1)—
by striking submit
and inserting submits
; and
by striking and
at the end;
in paragraph (2)—
by striking certify
and inserting certifies
; and
by striking the period at the end and inserting ; and
; and
by adding at the end the following new paragraph:
certifies to the congressional defense committees that the basic and functional design of the vessel is complete.
; and
in subsection (d), by adding at the end the following new paragraph:
Basic and functional design
The term basic and functional design
, when used with respect to a vessel, means design through computer-aided models, that—
fixes the hull structure of the vessel;
sets the hydrodynamics of the vessel;
routes all major distributive systems of the vessel, including electricity, water, and other utilities; and
identifies the exact positioning of piping and other outfitting within each block of the vessel.
.
Multiyear procurement authority for Arleigh Burke class destroyers
Authority for multiyear procurement
Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of up to 15 Arleigh Burke class Flight III guided missile destroyers.
Authority for advance procurement
The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2023, for advance procurement associated with the destroyers for which authorization to enter into a multiyear procurement contract is provided under subsection (a), and for systems and subsystems associated with such destroyers in economic order quantities when cost savings are achievable.
Condition for out-year contract payments
A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2023 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
Limitation
The Secretary of the Navy may not modify a contract entered into under subsection (a) if the modification would increase the target price of the destroyer by more than 10 percent above the target price specified in the original contract awarded for the destroyer under subsection (a).
Incorporation of advanced degaussing systems into DDG–51 class destroyers
In general
The Secretary of the Navy shall ensure that an advanced degaussing system is incorporated into any DDG–51 class destroyer procured pursuant to a covered contract.
Covered contract defined
In this section, the term covered contract
means a multiyear contract for the procurement of a DDG–51 destroyer that is entered into by the Secretary of the Navy on or after the date of the enactment of this Act.
Air Force Programs
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—
in paragraph (1), by striking , unless otherwise approved in accordance with established procedures
; and
in paragraph (2), by inserting such
before logistics support contract
.
Limitation on availability of funds for the B–52 Commercial Engine Replacement Program
Limitation
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the research and development, design, procurement, or advanced procurement of materials for the B–52 Commercial Engine Replacement Program may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report described in section 2432 of title 10, United States Code, for the most recently concluded fiscal quarter for the B–52 Commercial Engine Replacement Program in accordance with subsection (b)(1).
Additional requirements
Treatment of baseline estimate
The Secretary of Defense shall deem the Baseline Estimate for the B–52 Commercial Engine Replacement Program for fiscal year 2018 as the original Baseline Estimate for the Program.
Unit cost reports and critical cost growth
Subject to subparagraph (B), the Secretary shall carry out sections 2433 and 2433a of title 10, United States Code, with respect to the B–52 Commercial Engine Replacement Program, as if the Department had submitted a Selected Acquisition Report for the Program that included the Baseline Estimate for the Program for fiscal year 2018 as the original Baseline Estimate, except that the Secretary shall not carry out subparagraph (B) or subparagraph (C) of section 2433a(c)(1) of such title with respect to the Program.
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.
Definitions
In this section:
The term Baseline Estimate
has the meaning given the term in section 2433(a)(2) of title 10, United States Code.
The term milestone decision authority
has the meaning given the term in section 2366b(g)(3) of title 10, United States Code.
The term original Baseline Estimate
has the meaning given the term in section 2435(d)(1) of title 10, United States Code.
The term Selected Acquisition Report
means a Selected Acquisition Report submitted to Congress under section 2432 of title 10, United States Code.
Inventory requirements and limitations relating to certain air refueling tanker aircraft
Minimum inventory requirements for KC–10A aircraft
Fiscal year 2022
During the period beginning on October 1, 2021, and ending on October 1, 2022, the Secretary of the Air Force shall, except as provided in paragraph (3), maintain a minimum of 36 KC–10A aircraft designated as primary mission aircraft inventory.
Fiscal year 2023
During the period beginning on October 1, 2022, and ending on October 1, 2023, the Secretary of the Air Force shall, except as provided in paragraph (3), maintain a minimum of 24 KC–10A aircraft designated as primary mission aircraft inventory.
Exception
The requirements of paragraphs (1) and (2) shall not apply to individual KC–10A aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair.
Limitation on retirement of KC–135 Aircraft
Limitation
Except as provided in paragraph (2), the Secretary of the Air Force may not retire more than 18 KC–135 aircraft during the period beginning on the date of the enactment of this Act and ending on October 1, 2023.
Exception
The limitation in paragraph (1) shall not apply to individual KC–135 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair.
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.
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.
Minimum inventory of tactical airlift aircraft and limitation on modification of Air National Guard tactical airlift flying missions
Minimum inventory requirement
During the period beginning on October 1, 2021, and ending on October 1, 2026, the Secretary of the Air Force shall maintain a total inventory of tactical airlift aircraft of not less than 279 aircraft.
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.
Limitation on modification of Air National Guard tactical airlift flying missions
The Secretary of the Air Force may not modify the flying mission of a tactical airlift unit of the Air National Guard unless—
the Secretary and the Governor of the State concerned agree, in writing, to such modification; and
the Secretary submits to the congressional defense committees a copy of such agreement together with an explanation of the reasons for such modification.
Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device
In general
The Secretary of the Air Force may enter into contracts for the life-of-type procurement of covered parts supporting the KS–75 cryptographic device under the Ground Based Strategic Deterrent program.
Covered Parts Defined
In this section the term covered parts
means commercially available off-the-shelf items as defined in section 104 of title 41, United States Code.
Availability of funds
Notwithstanding section 1502(a) of title 31, United States Code, of the amount authorized to be appropriated for fiscal year 2022 by section 101 and available for missile procurement, Air Force, as specified in the corresponding funding table in section 4101, $10,900,000 shall be available for the procurement of covered parts pursuant to contracts entered into under subsection (a).
Sense of Congress on Joint Surveillance Target Attack Radar System aircraft
It is the sense of Congress that—
the Joint Surveillance Target Attack Radar System aircraft is an essential element of the aircraft fleet of the Air Force; and
before retiring any such aircraft, the Secretary of the Air Force should strictly adhere to each provision of law relating to the use, operation, and retirement of such aircraft.
Limitation on availability of funds for retirement of RC–26B aircraft
Limitation
Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force may be obligated or expended to retire, divest, realign, or place in storage or on backup aircraft inventory status, or to prepare to retire, divest, realign, or place in storage or on backup aircraft inventory status, any RC–26B aircraft.
Exception
The limitation in subsection (a) shall not apply to individual RC–26B aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps or other damage.
Funding for RC–26B manned intelligence, surveillance, and reconnaissance platform
Operation and maintenance
Of the funds authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Air National Guard, the Secretary of the Air Force may transfer up to $18,500,000 to be used in support of the RC–26B manned intelligence, surveillance, and reconnaissance platform.
Military personnel
Of the funds authorized to be appropriated in section 401 for military personnel, as specified in the corresponding funding table in section 4401, the Secretary of the Air Force may transfer up to $13,000,000 from military personnel, Air National Guard to be used in support of personnel who operate and maintain the RC–26B manned intelligence, surveillance, and reconnaissance platform.
Memoranda of agreement
Notwithstanding any other provision of law, the Secretary of Defense may enter into one or more memoranda of agreement or cost-sharing agreements with other departments and agencies of the Federal Government under which the RC–26B aircraft may be used to assist with the missions and activities of such departments and agencies.
Report relating to reduction of total number of tactical airlift aircraft
Findings
Congress finds the following:
The C–130 tactical airlift aircraft fulfills a wide range of intratheater airlift missions.
Such aircraft operate out of military installations throughout the United States.
The proposed total force structure referenced in the National Defense Authorization Act for Fiscal Year 2013 called for a total force size of 326 C–130 aircraft.
The Air Force included a six-year plan for fiscal years 2015 through 2020 for the Air Force, Air Force Reserve, and Air National Guard C–130 force structure, which called for a total force size of 300 such aircraft by fiscal year 2019.
The 2018 Mobility Capabilities and Requirements Study recommended a total force size of 300 C–130s to support wartime mobility requirements.
The Air Force has sought to reduce the number of C–130 aircraft below 300, which is inconsistent with force structure and plans referred to in paragraphs (3) through (5).
Report
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes—
with respect to the reduction of the total number of tactical airlift aircraft, information relating to—
the justification used for such reduction; and
any consideration of domestic operations used in such justification;
an analysis of the role of tactical airlift aircraft in domestic operations; and
information relating to discussions concerning decisionmaking processes with Governors of States who may be impacted by such reduction.
Defense-wide, Joint, and Multiservice Matters
Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program
F–35A quantity limit for the Air Force
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—
1,763; or
the number obtained by—
multiplying 1,763 by the cost-per-tail factor determined under paragraph (2); and
rounding the product of the calculation under clause (i) to the nearest whole number.
Cost-per-tail factor
For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—
4,100,000, divided by
a number equal to the average cost-per-tail-per-year of the F–35A aircraft of the Air Force during fiscal year 2027 (as determined by the Secretary of the Air Force in accordance with subsection (e)).
F–35B quantity limit for the Marine Corps
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—
353; or
the number obtained by—
multiplying 353 by the cost-per-tail factor determined under paragraph (2); and
rounding the product of the calculation under clause (i) to the nearest whole number.
Cost-per-tail factor
For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—
6,800,000, divided by
a number equal to the average cost-per-tail-per-year of the F–35B aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (e)).
F–35C quantity limit for the Navy
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—
273; or
the number obtained by—
multiplying 273 by the cost-per-tail factor determined under paragraph (2); and
rounding the product of the calculation under clause (i) to the nearest whole number.
Cost-per-tail factor
For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—
7,500,000, divided by
a number equal to the average cost-per-tail-per-year of the F–35C aircraft of the Navy during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (e)).
F–35C Quantity limit for the Marine Corps
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—
67; or
the number obtained by—
multiplying 67 by the cost-per-tail factor determined under paragraph (2); and
rounding the product of the calculation under clause (i) to the nearest whole number.
Cost-per-tail factor
For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—
6,800,000, divided by
a number equal to the average cost-per-tail-per-year of the F–35C aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (e)).
Determination of cost-per-tail-per-year for fiscal year 2027
—
In general
Not later than 90 days after the end of fiscal year 2027—
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
the Secretary of the Navy shall determine the average cost-per-tail of—
the F–35B aircraft of the Marine Corps during such fiscal year;
the F–35C aircraft of the Navy during such fiscal year; and
the F–35C aircraft of the Marine Corps during such fiscal year.
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—
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—
unit level manpower;
unit operations;
maintenance;
sustaining support;
continuing system support; and
modifications; and
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.
Waiver authority
The Secretary of Defense may waive the quantity limits under any of subsections (a) through (d) if, prior to issuing such a waiver, the Secretary certifies to the congressional defense committees that procuring additional quantities of a variant of an F–35 aircraft above the applicable quantity limit are required to meet the national military strategy requirements of the combatant commanders. The authority of the Secretary under this subsection may not be delegated.
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.
Limitation on availability of funds for aircraft systems for the armed overwatch program
Limitation
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the procurement of aircraft systems for the armed overwatch program of the United States Special Operations Command, not more than 50 percent may be obligated or expended until the date on which the documentation described in subsection (b) is submitted to the congressional defense committees.
Documentation described
The documentation described in this subsection is the airborne intelligence, surveillance, and reconnaissance acquisition roadmap for the United States Special Operations Command required to be submitted to the congressional defense committees under section 165 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
Requirement to maintain capabilities
Until such time as the Secretary of Defense identifies a suitable replacement for the U–28 aircraft, the Secretary shall maintain the U–28 aircraft platform to provide necessary capabilities to sustain operations to meet the operational intelligence, surveillance, and reconnaissance requirements of combatant commanders.
Major weapon systems capability assessment process and procedure review and report
Review
The Secretary of Defense shall review, and modify as appropriate, the processes of the Department for the management of strategic risk with respect to capabilities of major weapon systems, including the processes for—
ensuring the suitability of major weapon systems to address current and emerging military threats; and
identifying for upgrade or replacement any fielded major weapon system that is not capable of effectively meeting operational requirements.
Report
Not later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees and the Comptroller General of the United States a report containing the following:
A comprehensive description of the current policies and processes of the Department of Defense for—
assessing the effectiveness, and the costs, of fielded major weapon systems in addressing the current, mid-term, and long-term threats identified in the contingency plans of the combatant commands;
assessing tradeoffs, including in terms of resources, funding, time, capabilities, and programmatic and operational risk, between developing a new major weapon system compared to—
continued use of a fielded major weapon system; and
replacing a fielded major weapon system;
developing strategies for the continued use or replacement of fielded major weapon systems that ensure that the capabilities of major weapon systems are viable and resilient against evolving threats; and
developing and implementing plans for the replacement and divestment of fielded major weapon systems that manage the related strategic risk.
The key factors considered by the Secretary of Defense when applying the policies and processes described in paragraph (1).
An assessment of the extent to which the policies and processes described in paragraph (1) enable the Secretary of Defense to—
evaluate, at regular intervals, whether a major weapon system—
meets operational requirements; and
is capable of addressing emerging and evolving threats identified in the National Defense Strategy;
efficiently and effectively determine if a fielded major weapon system should continue to be used or replaced and divested and—
with respect to a fielded major weapon system that should continue to be used, how long such use should continue; and
with respect to a fielded major weapon system that should be replaced and divested—
how long such replacement will take;
the period over which such divestment should occur; and
the expected improvements in the effectiveness of the replacement major weapon system to meet operational requirements;
effectively implement the determinations described in subparagraph (B); and
manage strategic risk relative to the effectiveness of major weapon systems meeting operational requirements.
An identification of the fielded major weapon systems with respect to which the Secretary of Defense completed replacement or divestment during the period beginning on January 1, 2010, and ending on the date on which the report is submitted under this subsection.
An assessment of the processes involved in the decisions of the Secretary of Defense to replace and divest the fielded major weapon systems identified under paragraph (4), including an assessment of the effectiveness in meeting operational requirements and the timeliness of those processes involved in making replacement decisions.
An identification of any fielded major weapon systems with respect to which, as of the date on which the report is submitted under this subsection, the Secretary of Defense plans to complete replacement or divestment not later than December 31, 2035.
An analysis of the plans of the Secretary of Defense with respect to replacing or divesting the fielded major weapon systems identified under paragraph (6), including—
the rationale supporting such replacement or divestment plans;
any anticipated challenges to carrying out the replacement or divestments; and
a description of how the Secretary of Defense will manage at an appropriate level the strategic risk relative to the availability and effectiveness of the fielded major weapons systems to be divested, including a description of any risk mitigation plans.
An identification of the major weapon system upgrade efforts and the research, development, and acquisition programs to replace fielded major weapon systems that the Secretary of Defense—
began after December 31, 2009; or
as of the date on which the report is submitted under this subsection, plans to begin not later than December 31, 2035.
An assessment of how the replacement major weapon systems from the programs identified under paragraph (8) will meet current and future operational requirements in the National Defense Strategy.
Comptroller general briefing and report
Assessments
The Comptroller General of the United States shall conduct a preliminary assessment and a detailed assessment of the report required under subsection (b).
Briefing
Not later than 180 days after the date on which the Secretary of Defense submits to the Comptroller General the report required under subsection (b), the Comptroller General shall brief the congressional defense committees on the preliminary assessment of such report required under paragraph (1).
Report
The Comptroller General shall submit to the congressional defense committees a report on the findings of the detailed assessment required under paragraph (1).
Definitions
In this section:
The term National Defense Strategy
means the strategy required under section 113(g) of title 10, United States Code.
The term major weapon system
has the meaning given such term under section 2379(f) of title 10, United States Code.
The term strategic risk
means a risk arising from updating or replacing a major weapon system, or the decision to not update or replace a major weapon system.
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—
the number of aircrew ejection seats installed in the aircraft used, or expected to be used, at such location;
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—
deferred maintenance; or
the inability to obtain parts to make repairs or to fulfill time-compliance technical orders; and
for each ejection seat subject to a waiver as described in paragraph (2)—
the date on which the waiver was issued; and
the name and title of the official who authorized the waiver.
Briefing on military type certifications for aircraft
Briefing required
Not later than April 30, 2022, the Secretary of the Air Force, or the Secretary’s designee, shall provide to the congressional defense committees a briefing on the process for evaluating and granting military type certifications for aircraft.
Elements
The briefing under subsection (a) shall include a detailed overview of the process for granting military type certifications for aircraft, including the following:
The evaluation criteria used for determining the suitability of an aircraft to receive a military type certification, including the threshold requirements for obtaining such a certification.
Whether commercially available data is used as part of the evaluation process, and if commercially available data is not used, an explanation of the reasons such data is not used.
The list of aircraft granted military type certifications over the past 10 years.
The national security implications taken into account when determining the suitability of an aircraft for a military type certification.
Form
The briefing under subsection (a) shall be submitted in unclassified format but may include a classified annex.
Submittal of materials
The Secretary of the Air Force shall deliver any materials relevant to the briefing to the congressional defense committees before the date of the briefing.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Authorization of Appropriations
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.
Program Requirements, Restrictions, and Limitations
Duties and regional activities of the Defense Innovation Unit
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:
the technology requirements of the Department of Defense, as identified in the most recent—
National Defense Strategy;
National Defense Science and Technology Strategy as directed under section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679); and
policy and guidance from the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment; and
.
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—
to accelerate the adoption of commercially developed advanced technology in the areas of manufacturing, space, energy, materials, autonomy, and such other key technology areas as may be identified by the Secretary; and
to expand outreach to communities that do not otherwise have a Defense Innovation Unit presence, including economically disadvantaged communities.
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—
by amending subsection (c) to read as follows:
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.
;
in subsection (e)—
by redesignating paragraph (31) as paragraph (33); and
by inserting after paragraph (30) the following new paragraphs:
Nuclear science, security, and nonproliferation.
Chemical, biological, radiological, and nuclear defense.
; and
in subsection (g), by striking 2026
and inserting 2028
.
Modification of mechanisms for expedited access to technical talent and expertise at academic institutions
Section 217(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note), as amended by section 212 of this title, is further amended—
by redesignating paragraph (33) as paragraph (34); and
by inserting after paragraph (32) the following new paragraph:
Spectrum activities.
.
Minority Institute for Defense Research
Plan to establish Minority Institute for Defense Research
In general
Not later than 1 year after the date of the enactment of this section, the Secretary shall submit to the congressional defense committees a plan (in this section referred to as the Plan
) for the establishment of the Minority Institute for Defense Research (in this section referred to as the Consortium
).
Elements
The Plan shall include the following:
Information relating to the projected needs of the Department for the next twenty years with respect to essential engineering, research, or development capability.
An assessment relating to the engineering, research, and development capability, including physical infrastructure, of each minority institution.
Information relating to the advancements and investments necessary to elevate a minority institution or a consortium of minority institutions (including historically black colleges and universities) to the research capacity of a University Affiliated Research Center.
Recommendations relating to actions that may be taken by the Department, Congress, and minority institutions to establish the Consortium within 10 years.
Consultation
In developing the plan under paragraph (1), the Secretary shall consult with the following:
The Secretary of Education.
The Secretary of Agriculture.
The Secretary of Energy.
The Administrator of the National Aeronautics and Space Administration.
The National Science Foundation.
Such other organizations as the Secretary considers appropriate.
Publicly available
The Plan shall be posted on a publicly available website of the Department.
Naming of the Consortium
With respect to the naming of the Consortium, the Secretary shall—
establish a process to solicit and review proposals of names from—
minority institutions;
nonprofit institutions that advocate on behalf of minority institutions; and
members of the public;
develop a list of all names received pursuant to paragraph (1);
provide opportunity for public comment on the names included on such list; and
choose a name from such list to name the Consortium.
Grant program for historically black colleges and universities and minority institutions
In general
The Secretary may establish a program to award grants, on a competitive basis, to minority institutions for the purposes described in paragraph (2).
Purposes
The purposes described in this paragraph are the following:
Establishing a legal entity for the purpose of entering into research contracts or agreements with the Federal Government or the Consortium.
Developing the capability to bid on Federal Government or Consortium contracts.
Requesting technical assistance from the Federal Government or a private entity with respect to contracting with the Federal Government or the Consortium.
Recruiting and retaining research faculty.
Advancing research capabilities, including physical infrastructure, relating to the national security of the United States.
Any other matter determined appropriate by the Secretary.
Application
To be eligible to receive a grant under this section, a minority institution shall submit to the Secretary an application in such form, and containing such information, as the Secretary may require.
Preference
In awarding grants pursuant to paragraph (1), the Secretary may give preference to a minority institution with a R1 or R2 status on the Carnegie Classification of Institutions of Higher Education.
Subcontracting requirements for minority institutions
In general
Section 2304 of title 10, United States Code, is amended by adding at the end the following new subsection:
The head of an agency shall require that a contract awarded to Department of Defense Federally Funded Research and Development Center or University Affiliated Research Center includes a requirement to establish a partnership to develop the capacity of minority institutions to address the research and development needs of the Department. Such partnerships shall be through a subcontract with one or more minority institutions for a total amount of not less than 5 percent of the amount awarded in the contract.
For the purposes of this subsection, a minority institution means—
a part B institution (as such term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))); or
any other institution of higher education (as such term is defined in section 101 of such Act (20 U.S.C. 1001)) at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering.
.
Effective date
The amendments made by paragraph (1) shall—
take effect on October 1, 2026; and
apply with respect to funds that are awarded by the Department of Defense on or after such date.
Definitions
In this section:
The term Department
means the Department of Defense.
The term institution of higher education
has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
The term historically black college or university
means a part B institution (as such term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))).
The term minority institution
means—
a historically black college or university; or
any institution of higher education at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering.
The term Secretary
means the Secretary of Defense.
The term University Affiliated Research Center
means a research organization within an institution of higher education that—
provides or maintains Department essential engineering, research, or development capabilities; and
receives sole source contract funding from the Department pursuant to section 2304(c)(3)(B) of title 10, United States Code.
Test program for engineering plant of DDG(X) destroyer vessels
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.
Administration
The test program required by subsection (a) shall be administered by the Senior Technical Authority for the DDG(X) destroyer class of vessels.
Elements
The test program required by subsection (a) shall include, at a minimum, testing of the following equipment in vessel-representative form:
Main reduction gear.
Electrical propulsion motors.
Other propulsion drive train components.
Main propulsion system.
Auxiliary propulsion unit.
Electrical generation and distribution systems.
Shipboard control systems.
Power control modules.
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:
Test of the full propulsion drive train.
Test and facilitation of machinery control systems integration.
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.
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.
Definitions
In this section:
Delivery date
The term delivery date
has the meaning given that term in section 8671 of title 10, United States Code.
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.
Consortium to study irregular warfare
Establishment
The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall establish a research consortium of institutions of higher education to study irregular warfare and the responses to irregular threats.
Purposes
The purposes of the consortium under subsection (a) are as follows:
To shape the formulation and application of policy through the conduct of research and analysis regarding irregular warfare.
To maintain open-source databases on issues relevant to understanding terrorism, irregular threats, and social and environmental change.
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.
To support basic research in social science on emerging threats and stability dynamics relevant to irregular threat problem sets.
To transition promising basic research—
to higher stages of research and development, and
into operational capabilities, as appropriate, by supporting applied research and developing tools to counter irregular threats.
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.
To enhance educational outreach and teaching at professional military education schools to improve—
the understanding of irregular threats; and
the integration of data-based responses to such threats.
To support classified research when necessary in appropriately controlled physical spaces.
Coordination
The Under Secretary of Defense for Research and Engineering shall coordinate activities conducted under this section with the Commander of the United States Special Operations Command.
Partnerships
The Under Secretary of Defense for Research and Engineering shall encourage partnerships between the consortium and university-affiliated research centers and other research institutions.
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).
Development and implementation of digital technologies for survivability and lethality testing
Expansion of survivability and lethality testing
In general
The Secretary, in coordination with covered officials, shall—
expand the survivability and lethality testing of covered systems to include testing against non-kinetic threats; and
develop digital technologies to test such systems against such threats throughout the life cycle of each such system.
Development of digital technologies for live fire testing
In general
The Secretary, in coordination with covered officials, shall develop—
digital technologies to enable the modeling and simulation of the live fire testing required under section 2366 of title 10, United States Code; and
a process to use data from physical live fire testing to inform and refine the digital technologies described in clause (i).
Objectives
In carrying out subparagraph (A), the Secretary shall seek to achieve the following objectives:
Enable assessments of full spectrum survivability and lethality of each covered system with respect to kinetic and non-kinetic threats.
Inform the development and refinement of digital technology to test and improve covered systems.
Enable survivability and lethality assessments of the warfighting capabilities of a covered system with respect to—
communications;
firepower;
mobility;
catastrophic survivability; and
lethality.
Demonstration activities
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).
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).
Armed Forces programs
Of the programs selected pursuant to clause (ii), the Director shall select—
at least one such program from the Army;
at least one such program from the Navy or the Marine Corps; and
at least one such program from the Air Force or the Space Force.
Regular survivability and lethality testing throughout life cycle
In general
The Secretary, in coordination with covered officials, shall—
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
establish guidance for such testing.
Elements
In carrying out subparagraph (A), the Secretary shall determine the following:
When to deploy digital technologies to provide timely and up-to-date insights with respect to covered systems without unduly delaying fielding of capabilities.
The situations in which it may be necessary to develop and use digital technologies to assess legacy fleet vulnerabilities.
Reports and briefing
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).
Modernization and digitization report
In general
Not later than March 15, 2023, the Director shall submit to the congressional defense committees a report that includes—
an assessment of the progress of the Secretary in carrying out subsection (a);
an assessment of each of the demonstration activities carried out under subsection (a)(2)(C), including a comparison of—
the risks, benefits, and costs of using digital technologies for live fire testing and evaluation; and
the risks, benefits, and costs of traditional physical live fire testing approaches that—
are not supported by digital technologies;
do not include testing against non-kinetic threats; and
do not include full spectrum survivability.
an explanation of—
how real-world operational and digital survivability and lethality testing data will be used to inform and enhance digital technology;
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
the contribution of such data to the decision-support processes for managing and overseeing acquisition programs of the Department;
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;
an assessment of the processes implemented by the Department to manage digital technologies developed pursuant to subsection (a); and
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.
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).
Definitions
In this section:
Covered officials
The term covered officials
means—
the Under Secretary of Defense for Research and Engineering;
the Under Secretary of Defense for Acquisition and Sustainment;
the Chief Information Officer;
the Director;
the Director of Cost Assessment and Program Evaluation;
the Service Acquisition Executives;
the Service testing commands;
the Director of the Defense Digital Service; and
representatives from—
the Department of Defense Test Resource Management Center;
the High Performance Computing Modernization Program Office; and
the Joint Technical Coordination Group for Munitions Effectiveness.
Covered system
The term covered system
means any warfighting capability that can degrade, disable, deceive, or destroy forces or missions.
Department
The term Department
means the Department of Defense.
Digital technologies
The term digital technologies
includes digital models, digital simulations, and digital twin capabilities that may be used to test the survivability and lethality of a covered system.
Director
The term Director
means the Director of Operational Test and Evaluation.
Full spectrum survivability and lethality testing
The term full spectrum survivability and lethality testing
means a series of assessments of the effects of kinetic and non-kinetic threats on the communications, firepower, mobility, catastrophic survivability, and lethality of a covered system.
Non-kinetic threats
The term non-kinetic threats
means unconventional threats, including—
cyber attacks;
electromagnetic spectrum operations;
chemical, biological, radiological, nuclear effects and high yield explosives; and
directed energy weapons.
Secretary
The term Secretary
means the Secretary of Defense.
Pilot program on the use of intermediaries to connect the Department of Defense with technology producers
In general
The Secretary of Defense shall carry out a pilot program to foster the transition of the science and technology programs, projects, and activities of the Department of Defense from the research, development, pilot, and prototyping phases to full-scale implementation. Under the pilot program, the Secretary shall seek to enter into agreements with qualified intermediaries pursuant to which the intermediaries will—
match technology producers with programs, projects, and activities of the Department that may have a use for the technology developed by such producers; and
provide technical assistance to such technology producers on participating in the procurement programs and acquisition processes of the Department.
Activities
A qualified intermediary that enters into an agreement with the Secretary of Defense under subsection (a) shall, pursuant to such agreement—
guide and advise technology producers on participating in the procurement programs and acquisition processes of the Department, including—
planning, programing, budgeting, and execution processes of the Department.
requirements processes;
the Federal Acquisition Regulation and the Department of Defense Supplement to the Federal Acquisition Regulation;
other procurement programs and authorities, including—
the Small Business Innovation Research Program and the Small Business Technology Transfer Program, as defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e));
other transaction authority under sections 2371 and 2371b of title 10, United States Code;
cooperative agreements;
prizes for advanced technology achievements under section 2374a of title 10, United States Code; and
grant programs; and
new entrant barriers and challenges, including—
accessing secure computing and information technology infrastructure; and
securing clearances for personnel and facilities; and
match technology producers with programs, projects, and activities of the Department that may have a use for the technology developed by such producers, including programs, projects, and activities carried out by—
program executive officers (as defined in section 1737(a)(4)) of title 10, United States Code);
program management offices;
combatant commands with a command acquisition executive;
Defense Agencies and Department of Defense Field Activities (as such terms are defined, respectively, in section 101 of title 10, United States Code); and
such other elements of the Department as the Secretary considers appropriate.
Priority
In carrying out the activities described in subsection (b), a qualified intermediary shall give priority to technology producers that are small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), research institutions (as defined in section 9(e) of such Act), or institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C 1001)).
Terms of agreements
In general
The terms of an agreement under subsection (a) shall be determined by the Secretary of Defense.
Methods of service delivery
In entering into agreements under subsection (a), the Secretary may consider, on a case by case basis, whether the needs of the Department of Defense and technology producers would best be served by a qualified intermediary that provides services in a specific geographic region, serves a particular technology sector, or uses another method of service delivery.
Incentives
The Secretary of Defense may include terms in an agreement under subsection (a) to incentivize a qualified intermediary to successfully facilitate the transition of science and technology from the research, development, pilot, and prototyping phases to full-scale implementation within the Department of Defense.
Limitation on use of funds
The Secretary of Defense may not use any amounts required to be expended under section 9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)) for any administrative costs incurred by a qualified intermediary associated with the pilot program under this section.
Protection of proprietary information
The Secretary of Defense shall implement policies and procedures to protect the intellectual property and any other proprietary information of technology producers that participate in the pilot program under this section.
Data collection
Plan required before implementation
The Secretary of Defense may not enter into an agreement under subsection (a) until the date on which the Secretary—
completes a plan to for carrying out the data collection required under paragraph (2); and
submits the plan to the appropriate congressional committees.
Data collection required
The Secretary of Defense shall collect and analyze data on the pilot program under this section for the purposes of—
developing and sharing best practices for facilitating the transition of science and technology from the research, development, pilot, and prototyping phases to full-scale implementation within the Department of Defense;
providing information to the leadership of the Department on the implementation of the pilot program and related policy issues; and
providing information to the appropriate congressional committees as required under subsection (g).
Briefing
Not later than December 31, 2022, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the progress of the Secretary in implementing the pilot program under this section and any related policy issues.
Consultation
In carrying out the pilot program under this section, the Secretary of Defense shall consult with—
service acquisition executives (as defined in section 101 of title 10, United States Code);
the heads of appropriate Defense Agencies and Department of Defense Field Activities;
procurement technical assistance centers (as described in chapter 142 of title 10, United States Code);
the Administrator of Federal Procurement Policy; and
such other individuals and organizations as the Secretary determines appropriate.
Termination
The pilot program under this section shall terminate on the date that is five years after the date on which Secretary of Defense enters into the first agreement with a qualified intermediary under subsection (a).
Comptroller General assessment and report
Assessment
The Comptroller General of the United States shall conduct an assessment of the pilot program under this section. The assessment shall include an evaluation of the effectiveness of the pilot program with respect to—
facilitating the transition of science and technology from the research, development, pilot, and prototyping phases to full-scale implementation within the Department of Defense; and
protecting sensitive information shared among the Department of Defense, qualified intermediaries, and technology producers in the course of the pilot program.
Report
Not later than the date specified in paragraph (3), the Comptroller General shall submit to the appropriate congressional committees a report on the results of the assessment conducted under paragraph (1).
Date specified
The date specified in this paragraph is the earlier of—
four years after the date on which the Secretary of Defense enters into the first agreement with a qualified intermediary under subsection (a): or
five years after the date of the enactment of this Act.
Definitions
In this section:
The term appropriate congressional committees
means—
the congressional defense committees;
the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Oversight and Reform of the House of Representatives.
The term qualified intermediary
means a nonprofit, for-profit, or State or local government entity that assists, counsels, advises, evaluates, or otherwise cooperates with technology producers that need or can make demonstrably productive use of the services provided by the intermediary pursuant to the pilot program under this section.
The term technology producer
means an individual or entity engaged in the research, development, production, or distribution of science or technology that the Secretary of Defense determines may be of use to the Department of Defense.
Assessment and correction of deficiencies in the F–35 aircraft pilot breathing system
Testing and evaluation required
Beginning not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall commence operational testing and evaluation of the F–35 aircraft pilot breathing system (in this section referred to as the breathing system
) to—
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
assess the safety and effectiveness of the breathing system for all pilots of F–35 aircraft.
Requirements
The following shall apply to the testing and evaluation conducted under subsection (a):
The pilot, aircraft systems, and operational flight environment of the F–35 aircraft shall not be assessed in isolation but shall be tested and evaluated as integrated parts of the breathing system.
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.
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.
A diverse group of F–35 pilots shall participate in the testing and evaluation, including—
pilots who are test-qualified and pilots who are not test-qualified
pilots who vary in gender, physical conditioning, height, weight, and age, and any other attributes that the Secretary determines to be appropriate.
The F–35A, F–35B, and F–35C aircraft involved in the testing and evaluation shall perform operations with operationally representative and realistic aircraft configurations.
The testing and evaluation shall include assessments of pilot life support gear and relevant equipment, including the pilot breathing mask apparatus.
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.
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.
The testing and evaluation shall include the participation of subject matter experts who have familiarity and technical expertise regarding design and functions of the F–35 aircraft, its propulsion system, pilot breathing system, life support equipment, human factors, and any other systems or subject matter the Secretary determines necessary to conduct effective testing and evaluation. At a minimum, such subject matter experts shall include aerospace physiologists, engineers, flight surgeons, and scientists.
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.
Corrective actions
Not later than 90 days after the submittal of the final report under subsection (e), the Secretary of Defense shall take such actions as are necessary to correct all deficiencies, shortfalls, and gaps in the breathing system that were discovered or reported as a result of the testing and evaluation under subsection (a).
Preliminary report
Not later than one year after the commencement of the testing and evaluation under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a preliminary report, based on the initial results of such testing and evaluation, that includes findings, recommendations, and potential corrective actions to address deficiencies in the breathing system.
Final report
Not later than two years after the commencement of the testing and evaluation under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a final report that includes, based on the final results of such testing and evaluation—
findings and recommendations with respect to the breathing system; and
a description of the specific actions the Secretary will carry out to correct deficiencies in the breathing system, as required under subsection (c).
Independent review of final report
In general
The Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall seek to enter into an agreement with a federally funded research and development center with relevant expertise to conduct an independent sufficiency review of the final report submitted under subsection (e).
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.
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.
Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base
Identification required
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—
identify each facility and capability of the Major Range and Test Facility Base that is primarily concerned with the ground-based simulation of hypersonic atmospheric flight conditions and the test and evaluation of hypersonic technology in open air flight; and
identify such facilities and capabilities that the Secretary would propose to designate, collectively, as the Hypersonics Facility Base
.
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.
Requirement to maintain access to category 3 subterranean training facility
Requirement to maintain access
The Secretary of Defense shall ensure that the Department of Defense maintains access to a covered category 3 subterranean training facility on a continuing basis.
Authority to enter into lease
The Secretary of Defense is authorized to enter into a short-term lease with a provider of a covered category 3 subterranean training facility for purposes of compliance with subsection (a).
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—
operational as of the date of the enactment of this Act; and
deemed safe for use as of such date.
Prohibition on reduction of naval aviation testing and evaluation capacity
Prohibition
During the period beginning on the date of the enactment of this Act and ending on October 1, 2022, the Secretary of the Navy may not take any action that would reduce, below the levels authorized and in effect on October 1, 2020, any of the following:
The aviation-related operational testing and evaluation capacity of the Department of the Navy.
The billets assigned to support such capacity.
The aviation force structure, aviation inventory, or quantity of aircraft assigned to support such capacity, including rotorcraft and fixed-wing aircraft.
Report required
Not later than June 30, 2022, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that assesses each of the following as of the date of the report:
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.
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.
The technical, fiscal, and programmatic issues and risks associated with the plans of the Secretary of the Navy to delegate and task operational naval aviation units and organizations to efficiently and effectively execute testing and evaluation master plans for various aviation-related programs and projects of the Department of the Navy.
Limitation on availability of funds for certain C–130 aircraft
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to procure a C–130 aircraft for testing and evaluation as a potential replacement for the E–6B aircraft until the date on which the Secretary of the Navy submits to the congressional defense committees a report that includes the following information:
The unit cost of each such C–130 test aircraft.
The life cycle sustainment plan for such C–130 aircraft.
A statement indicating whether such C–130 aircraft will be procured using multiyear contracting authority under section 2306b of title 10, United States Code.
The total amount of funds needed to complete the procurement of such C–130 aircraft.
Limitation on availability of funds for VC–25B aircraft program pending submission of documentation
Documentation required
The Secretary of the Air Force shall submit to the congressional defense committees an integrated master schedule for the VC–25B presidential aircraft recapitalization program of the Air Force.
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).
Funding for hypersonics advanced manufacturing
In general
Of the funds authorized to be appropriated by section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for advanced technology development for the Defense-wide manufacturing science and technology program, line 050 (PE0603680D8Z), $15,000,000 is authorized to be used in support of hypersonics advanced manufacturing.
Offset
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Space Force, as specified in the corresponding funding table in section 4301, for contractor logistics and system support, line 080, is hereby reduced by $15,000,000.
Funding increase for 3D printing of infrastructure
Increase
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201, as specified in the corresponding funding table in section 4201, line 038 (PE 0603119A), is hereby increased by $12,500,000.
Offset
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, for Integrated Personnel and Pay System - Army (IPPS-A), line 121, is hereby reduced by $12,500,000.
Funding increase for cold weather capabilities
Increase
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Air Force, as specified in the corresponding funding table in section 4201, for applied research, materials, line 005 (PE 0602102F), is hereby increased by $7,500,000.
Offset
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, for Integrated Personnel and Pay System - Army (IPPS-A), line 121, is hereby reduced by $7,500,000.
Funding for soldier lethality technology
Increase
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test and evaluation, Army, as specified in the corresponding funding table in section 4201, for advanced technology development, soldier lethality advanced technology (PE0603118A), line 037, is hereby increased by $8,000,000.
Offset
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Space Force, as specified in the corresponding funding table in section 4301, for contractor logistics and system support, line 080, is hereby reduced by $8,000,000.
Pilot program on data libraries for training artificial intelligence models
Data libraries
The Secretary of Defense, acting through the Director of the Joint Artificial Intelligence Center, is authorized to carry out a pilot program under which Secretary may—
establish data libraries containing Department of Defense data sets relevant to the development of artificial intelligence software and technology; and
allow private companies to access such data libraries for the purposes of developing artificial intelligence models and other technical software solutions.
Objectives
The objective of the pilot program under subsection (a) shall be to ensure that the Department of Defense is able to procure optimal artificial intelligence and machine learning software capabilities that can quickly scale to meet the needs of the Department.
Elements
If the Secretary of Defense elects to carry out the pilot program under subsection (a), the data libraries established under the program—
may include unclassified data stacks representative of diverse types of information, such as aerial imagery, radar, synthetic aperture radar, captured exploitable material, publicly available information, and as many other data types the Secretary determines appropriate; and
shall be made available to covered software companies beginning immediately upon the covered software company entering into a contract or agreement with the Secretary to support rapid development of high-quality software.
Availability
If the Secretary of Defense elects to carry out the pilot program under subsection (a), the Secretary, acting through the Chief Information Officer of the Department, shall ensure that the data libraries established under the program are available to covered software companies by not later than 180 days after the date on which the program is commenced.
Briefing
Not later than 90 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on implementing this section, including an identification of the types of information that the Secretary determines are feasible and advisable to include in the data stacks under subsection (b)(1).
Establishment of quantum network testbed program for Department of Air Force
In general
The Secretary of the Air Force may establish a program to develop a proof-of-concept quantum network testbed that may be accessed by prototype quantum computers.
Funding for quantum network testbed program
Increase
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation Air Force applied research, line 014, as specified in the corresponding funding table in section 4201, for dominant information sciences and methods is hereby increased by $10,000,000 (to be used to in support of the quantum network and computing testbed program under this section).
Offset
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, space force, as specified in the corresponding funding table in section 4301, contractor logistics and system support, line 080, is hereby reduced by $10,000,000.
Plans, Reports, and Other Matters
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
.
Adaptive engine transition program acquisition strategy for the F–35A aircraft
In general
Not later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on the integration of the Adaptive Engine Transition Program propulsion system into the F–35A aircraft.
Elements
The report required under subsection (a) shall include the following:
A competitive acquisition strategy, informed by fiscal considerations, to—
integrate the Adaptive Engine Transition Program propulsion system into the F–35A aircraft; and
begin, in fiscal year 2027, activities to retrofit all F–35A aircraft with such propulsion system.
An implementation plan to implement such strategy.
A schedule annotating pertinent milestones and yearly fiscal resource requirements for the implementation of such strategy.
Advanced propulsion system acquisition strategy for the F–35B and F–35C aircraft
In general
Not later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of the Navy, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the integration of the Adaptive Engine Transition Program (referred to in this section as AETP
) propulsion system or other advanced propulsion system into F–35B and F–35C aircraft.
Elements
The report required under subsection (a) shall include the following:
An analysis of the impact on combat effectiveness and sustainment cost from increased thrust, fuel efficiency, and thermal capacity for each variant of the F–35, to include the improvements on acceleration, speed, range, and overall mission effectiveness, of each advanced propulsion system.
An assessment in the reduction on the dependency on support assets, to include air refueling and replenishment tankers, and the overall cost benefits to the Department from reduced acquisition and sustainment of such support assets, from the integration of each advanced propulsion system.
A competitive acquisition strategy, informed by fiscal considerations, the assessment on combat effectiveness, and technical limitations, to—
integrate an advanced propulsion system into the F–35B aircraft and integrate an advanced propulsion system into the F–35C aircraft;
begin, in a fiscal year as determined by a cost benefit analysis, activities to produce all F–35B aircraft and all F–35C aircraft with such propulsion systems; and
begin, in a fiscal year and quantity as determined by a cost benefit analysis, activities to retrofit F–35B aircraft and F–35C aircraft with such propulsion systems.
An implementation plan to implement the strategy described in paragraph (3).
A schedule annotating pertinent milestones and yearly fiscal resource requirements for the implementation of such strategy.
Definitions
In this section:
The term variant of the F-35
means:
the F–35B; and
the F–35C.
The term advanced propulsion system
means:
the Adaptive Engine Transition Program propulsion system; or
a derivative of a propulsion system developed for the F–35.
Assessment and report on airborne electronic attack capabilities and capacity
Assessment
The Secretary of the Air Force shall conduct an assessment of—
the status of the airborne electronic attack capabilities and capacity of the Air Force; and
the feasibility and advisability of adapting the ALQ–249 Next Generation Jammer for use on Air Force tactical aircraft, including an analysis of—
the suitability of the jammer for use on such aircraft;
the compatibility of the jammer with such aircraft; and
identification of any unique hardware, software, or interface modifications that may be required to integrate the jammer with such aircraft.
Report
Not later than February 15, 2022, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the assessment conducted under subsection (a).
Strategy for autonomy integration in major weapon systems
Strategy required
Not later than one year after the date of the enactment of this Act the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a strategy to resource and integrate, to the maximum extent possible, autonomy software that enables full operational capability in high threat, communications and GPS-denied environments into major weapons systems of the Department of Defense by fiscal year 2025.
Elements
The strategy required under subsection (a) shall include—
a list of weapon systems and programs, to be selected by the Secretary of Defense, which can be integrated with autonomy software as described in subsection (a) by fiscal year 2025;
timelines for autonomy software integration into the weapon systems and programs as identified under paragraph (1);
funding requirements related to the development, acquisition, and testing of autonomy software;
plans to leverage commercially-available artificial intelligence software, universal common control software, and autonomy software and related self-driving or self-piloting technologies, where appropriate; and
plans to include autonomy software, artificial intelligence, and universal common control.
Plans for ensuring the safety and security of major weapon systems equipped with autonomy software, including plans for testing, evaluation, validation, and verification of such systems.
Consultation
The Secretary shall develop the strategy required under subsection (a) in consultation with—
the Under Secretary of Defense for Research and Engineering;
the Secretaries of the military departments; and
such other organizations and elements of the Department of Defense as the Secretary determines appropriate.
Report
In general
Not later than one year after the date on which the strategy required under subsection (a) is submitted to the Committees on Armed Services of the Senate and House of Representatives, and not later than October 1 of each of the five years thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that describes the status of the implementation of the strategy.
Contents
The report required under paragraph (1) shall—
identify any substantial changes made in the strategy during the preceding calendar year; and
describe the progress made in implementing the strategy.
Form
The strategy required under subsection (a) and the report required under subsection (d) shall be submitted in unclassified form but may contain a classified annex.
Roadmap for research and development of disruptive manufacturing capabilities
Roadmap
The Under Secretary of Defense for Research and Engineering, in consultation with the Department of Defense Manufacturing Innovation Institutes, shall develop a capabilities integration roadmap for disruptive manufacturing technologies including workforce skills needed to support it and proposed pilot-scale demonstration projects proving concepts, models, technologies, and engineering barriers.
Briefing
Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the roadmap developed under subsection (a).
Biennial Assessments of the Air Force Research Laboratory, Aerospace Systems Directorate, Rocket Propulsion Division
Assessments required
Not later than 30 days after the date on which the President’s budget is submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2023 and 2025, the Secretary of the Air Force shall submit to the congressional defense committees an assessment of the Air Force Research Laboratory, Aerospace Systems Directorate, Rocket Propulsion Division.
Elements
Each assessment under subsection (a) shall include, for the period covered by the assessment, a description of—
any challenges of the Air Force Research Laboratory, Aerospace Systems Directorate, Rocket Propulsion Division with respect to completing its mission, including with respect to test activities and infrastructure; and
the plan of the Secretary to address such challenges.
Report detailing compliance with disclosure requirements for recipients of research and development funds
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report detailing compliance with the disclosure requirements for recipients of research and development funds required under section 2374b of title 10, United States Code.
Sense of Congress on the additive manufacturing and machine learning initiative of the Army
It is the sense of Congress that—
the additive manufacturing and machine learning initiative of the Army has the potential to accelerate the ability to deploy additive manufacturing capabilities in expeditionary settings and strengthen the United States defense industrial supply chain; and
Congress and the Department of Defense should continue to support the additive manufacturing and machine learning initiative of the Army.
Research security training requirement for Federal research grant personnel
Annual training requirement
Drawing on stakeholder input, not later than 12 months after the date of the enactment of this Act, each Federal research agency shall establish a requirement that, as part of an application for a research and development award from the agency—
each covered individual listed on the application for a research and development award certify that they have completed research security training that meets the guidelines developed under subsection (b) within one year of the application; and
each institution of higher education or other organization applying for such an award certify that each covered individual who is employed by the institution or organization and listed on the application has been made aware of the requirement under this subsection.
Training guidelines
The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council and in accordance with the authority provided under section 1746(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note), shall develop guidelines for institutions of higher education and other organizations receiving Federal research and development funds to use in developing their own training programs to address the unique needs, challenges, and risk profiles of such institutions, including adoption of training modules developed under subsection (c).
Security training modules
In general
Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy in coordination with the Director of the National Science Foundation and the Director of the National Institute of Health, and in consultation with other relevant Federal research agencies, shall enter into an agreement or contract with a qualified entity for the development of online research security training modules for the research community, including modules focused on international collaboration and international travel, foreign interference, and rules for proper use of funds, disclosure, conflict of commitment, and conflict of interest.
Stakeholder input
Prior to entering into the agreement under paragraph (1), the Director of the Office of Science and Technology Policy shall seek input from academic, private sector, intelligence, and law enforcement stakeholders regarding the scope and content of training modules, including the diversity of needs across institutions of higher education and other awardees of different sizes and types, and recommendations for minimizing administrative burden on institutions of higher education and researchers.
Development
The Director of the Office of Science and Technology Policy shall ensure that the entity identified in paragraph (1)—
develops modules that can be adapted and utilized across Federal science agencies; and
develops and implements a plan for regularly updating the modules as needed.
Constistency
The Director of the Office of Science and Technology Policy shall ensure that the training requirements issued by Federal research agencies under subsection (a) are consistent.
Definitions
In this section:
The term covered individual
means an individual who—
contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a Federal research agency; and
is designated as a covered individual by the Federal research agency concerned.
The term Federal research agency
means any Federal agency with an annual extramural research expenditure of over $100,000,000.
The term research and development award
means support provided to an individual or entity by a Federal research agency to carry out research and development activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. The term does not include a grant, contract, agreement or other transaction for the procurement of goods or services to meet the administrative needs of a Federal research agency.
Operation and Maintenance
Authorization of Appropriations
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.
Funding for Army Community Services
Increase
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance for Army base operations support, line 100, as specified in the corresponding funding table in section 4301, for Army Community Services, line 110, is hereby increased by $30,000,000.
Offset
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Army, as specified in the corresponding funding table in section 4301, for Army Administration, line 440, is hereby reduced by $15,000,000.
Offset
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Army, as specified in the corresponding funding table in section 4301, for Army Other Service Support, line 480, is hereby reduced by $15,000,000.
Increase in funding for civil military programs
Increase
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Civil Military Programs is hereby increased by $35,281,000 (to be used in support of the National Guard Youth Challenge Program).
Offset
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Office of Secretary of Defense, Line 540, is hereby reduced by $35,281,000.
Energy and Environment
Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents
National Defense Strategy and defense planning guidance
Section 113(g) of title 10, United States Code, is amended—
in paragraph (1)(B)—
in clause (ii), by striking actors,
and inserting actors, and the current or projected threats to military installation resilience,
; and
by inserting after clause (ix), the following new clause:
Strategic goals to address or mitigate the current and projected risks to military installation resilience.
.
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,
.
National defense sustainment and logistics review
In general
The first section 118a of such title is amended—
in subsection (a), by striking capabilities,
and inserting capabilities, response to risks to military installation resilience,
;
by redesignating such section, as amended by subparagraph (A), as section 118b; and
by moving such section so as to appear after section 118a.
Clerical and conforming amendments
Clerical amendments
The table of sections for chapter 2 of such title is amended—
by striking the first item relating to section 118a; and
by inserting after the item relating to section 118a the following new item:
118b. National Defense Sustainment and Logistics Review.
.
Conforming amendment
Section 314(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking section 118a
and inserting section 118b
.
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:
Identify and assess risk resulting from, or likely to result from, current or projected effects on military installation resilience.
.
Strategic decisions relating to military installations
The Secretary of each military department, with respect to any installation under the jurisdiction of that Secretary, and the Secretary of Defense, with respect to any installation of the Department of Defense that is not under the jurisdiction of the Secretary of a military department, shall consider the risks associated with military installation resilience when making any strategic decision relating to such installation, including where to locate such installation and where to position equipment, infrastructure, and other military assets on such installation.
National Defense Strategy and National Military Strategy
The Secretary of Defense, in coordination with the heads of such other Federal agencies as the Secretary determines appropriate, shall incorporate the security implications of military installation resilience into the National Defense Strategy and the National Military Strategy.
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.
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.
Report on security implications associated with military installation resilience
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.
Form
The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Annual report on readiness impacts of military installation resilience on military assets and capabilities
In general
Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report containing information (disaggregated by military department) as follows:
A description of the effects on military readiness, and an estimate of the financial costs to the Department of Defense, reasonably attributed to adverse impacts to military installation resilience during the year preceding the submission of the report, including loss of or damage to military networks, systems, installations, facilities, and other assets and capabilities of the Department; and
An assessment of vulnerabilities to military installation resilience.
Use of assessment tool
The Secretary shall use the Climate Vulnerability and Risk Assessment Tool of the Department (or such successor tool) in preparing each report under paragraph (1).
Definitions
In this section:
The term military installation resilience has the meaning given that term in section 101(e) of title 10, United States Code.
The term National Defense Strategy means the national defense strategy under section 113(g)(1) of such title.
The term National Military Strategy
means the national military strategy under section 153(b) of such title.
Modification of authorities governing cultural and conservation activities of the Department of Defense
In general
Section 2694 of title 10, United States Code, is amended—
in subsection (b)—
in paragraph (1)—
in subparagraph (A), by inserting or Sentinel Landscape
after military department
; and
in subparagraph (B), by inserting or that would contribute to maintaining or improving military installation resilience
after military operations
;
in paragraph (2)—
in subparagraph (A), by inserting or nature-based climate resilience plans
after land management plans
; and
by amending subparagraph (F) to read as follows:
The implementation of ecosystem-wide land management plans—
for a single ecosystem that—
encompasses at least two non-contiguous military installations, if those military installations are not all under the administrative jurisdiction of the same Secretary of a military department; and
provides synergistic benefits unavailable if the installations acted separately; or
for one or more ecosystems within a designated Sentinel Landscape.
; and
by adding at the end the following new subsection:
Definition of Sentinel Landscape
In this section, the term Sentinel Landscape
means a landscape-scale area encompassing—
one or more military installations or State-owned National Guard installations and associated airspace; and
the working or natural lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense test and training missions of the military or State-owned National Guard installation or installations.
.
Preservation of Sentinel Landscapes
Section 317 of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 2684a note) is amended—
in subsection (c)—
by inserting resilience,
after mutual benefit of conservation,
;
by inserting , resilience,
after voluntary land management
; and
by adding at the end the following new sentence: The Secretary of Defense shall include information concerning the activities taken pursuant to the Sentinel Landscapes Partnership in the annual report to Congress submitted pursuant to section 2684a(g) of title 10, United States Code.
;
in subsection (d), in the second sentence, by inserting by an eligible landowner or agricultural producer
after Participation
;
by redesignating subsection (e) as subsection (f);
by inserting after subsection (d) the following new subsection (e):
Participation by other agencies
To the extent practicable, the Secretary of Defense shall seek the participation of other Federal agencies in the Sentinel Landscape Partnership and encourage such agencies to become full partners in the Partnership.
; and
in subsection (f), by adding at the end the following new paragraph:
Resilience
The term resilience
means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, flooding, wildfires, or other anticipated or unanticipated changes in environmental conditions.
.
Modification of authority for environmental restoration projects of National Guard
Section 2707(e)(1) of title 10, United States Code, is amended by striking in response to perfluorooctanoic acid or perfluorooctane sulfonate contamination under this chapter or CERCLA
.
Prohibition on use of open-air burn pits in contingency operations outside the United States
In general
Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:
Prohibition on use of open-air burn pits
In general
Except as provided in subsection (b), beginning on January 1, 2023, the disposal of covered waste by the Department of Defense in an open-air burn pit located outside of the United States during a contingency operation is prohibited.
Waiver
The President may exempt a location from the prohibition under subsection (a) if the President determines such an exemption is in the paramount interest of the United States.
Report
Not later than 30 days after granting an exemption under subsection (b) with respect to the use of an open-air burn pit at a location, the President shall submit to Congress a written report that identifies—
the location of the open-air burn pit;
the number of personnel of the United States assigned to the location where the open-air burn pit is being used;
the size and expected duration of use of the open-air burn pit;
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
the need for the open-air burn pit and rationale for granting the exemption.
A report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Definition of covered waste
In this section, the term covered waste
includes—
hazardous waste, as defined by section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903(5));
medical waste;
tires;
treated wood;
batteries;
plastics, except insignificant amounts of plastic remaining after a good-faith effort to remove or recover plastic materials from the solid waste stream;
munitions and explosives, except when disposed of in compliance with guidance on the destruction of munitions and explosives contained in the Department of Defense Ammunition and Explosives Safety Standards, DoD Manual 6055.09-M;
compressed gas cylinders, unless empty with valves removed;
fuel containers, unless completely evacuated of its contents;
aerosol cans;
polychlorinated biphenyls;
petroleum, oils, and lubricants products (other than waste fuel for initial combustion);
asbestos;
mercury;
foam tent material;
any item containing any of the materials referred to in a preceding paragraph; and
other waste as designated by the Secretary.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
2714. Prohibition on use of open-air burn pits.
.
Conforming repeal
Effective January 1, 2023, section 317 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2701 note) is repealed.
Maintenance of current analytical tools for evaluation of energy resilience measures
In general
Section 2911 of title 10, United States Code, is amended by adding at the end the following new subsection:
Analytical tools for evaluation of energy resilience measures
The Secretary of Defense shall develop and implement a process to ensure that the Department of Defense, in the evaluation of energy resilience measures on military installations, uses analytical tools that are accurate and effective in projecting the costs and performance of such measures.
Analytical tools specified in paragraph (1) shall be—
designed to—
provide an accurate projection of the costs and performance of the energy resilience measure being analyzed;
be used without specialized training; and
produce resulting data that is understandable and usable by the typical source selection official;
consistent with standards and analytical tools commonly applied by the Department of Energy and by commercial industry;
adaptable to accommodate a rapidly changing technological environment;
peer-reviewed for quality and precision and measured against the highest level of development for such tools; and
periodically reviewed and updated, but not less frequently than once every three years.
.
Report
Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the implementation of the requirements under section 2911(i) of title 10, United States Code, as added by subsection (a).
Energy efficiency targets for Department of Defense data centers
Energy efficiency targets for data centers
In general
Subchapter I of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section:
Energy efficiency targets for data centers
Covered data centers
For each covered data center, the Secretary shall—
develop a power usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices;
develop a water usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices;
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;
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
identify any statutory, regulatory, or policy barriers to meeting any target under any of subparagraphs (A) through (C).
In this subsection, the term covered data center
means a data center of the Department that—
is one of the 50 data centers of the Department with the highest annual power usage rates; and
has been established before the date of the enactment of this section.
New data centers
Except as provided in paragraph (2), in the case of any Department data center established on or after the date of the enactment of this section, the Secretary shall establish energy, water usage, and resiliency-related standards that the data center shall be required to meet based on location, resiliency, industry standards, and best practices. Such standards shall include—
power usage effectiveness standards;
water usage effectiveness standards; and
any other energy or resiliency standards the Secretary determines are appropriate.
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—
determines that such waiver is in the national security interest of the United States; and
submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver.
.
Clerical amendment
The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2920 the following new item:
2921. Energy efficiency targets for data centers.
.
Inventory of data facilities
Inventory required
By not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an inventory of all data centers owned or operated by the Department of Defense. Such survey shall include the following:
A list of data centers owned or operated by the Department of Defense.
For each such data center, the earlier of the following dates:
The date on which the data center was established.
The date of the most recent capital investment in new power, cooling, or compute infrastructure at the data center.
The total average annual power use, in kilowatts, for each such data center.
The number of data centers that measure power usage effectiveness (hereinafter in this section referred to as PUE
) and for each such data center, the PUE for the center.
The number of data centers that measure water usage effectiveness (hereinafter in this section WUE
) and, for each such data center, the WUE for the center.
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.
An assessment of the facility resiliency of each data center, including redundant power and cooling facility infrastructure.
Any other matters the Secretary determines are relevant.
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.
Report
Not later than 180 days after the completion of the inventory required under subsection (b), the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives a report on the inventory and the energy assessment targets under section 2921(a) of title 10, United States Code, as added by subsection (a). Such report shall include each of the following:
A timeline of necessary actions required to meet the energy assessment targets for covered data centers.
The estimated costs associated with meeting such targets.
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.
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).
Modification of restriction on Department of Defense procurement of certain items containing perfluorooctane sulfonate or perfluorooctanoic acid
Section 333 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
in the section heading—
by inserting or purchase
after procurement
; and
by striking perfluorooctane sulfonate or perfluorooctanoic acid
and inserting perfluoroalkyl substances or polyfluoroalkyl substances
;
in subsection (a), by striking perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA)
and inserting any perfluoroalkyl substance or polyfluoroalkyl substance
; and
by striking subsection (b) and inserting the following new subsection (b):
Definitions
In this section:
The term covered item
means—
nonstick cookware or cooking utensils for use in galleys or dining facilities;
upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings;
food packaging materials;
furniture or floor waxes;
sunscreen;
umbrellas, luggage, or bags;
car wax and car window treatments;
cleaning products; and
shoes and clothing for which treatment with a perfluoroalkyl substance or polyfluoroalkyl substance is not necessary for an essential function.
The term perfluoroalkyl substance
means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.
The term polyfluoroalkyl substance
means a man-made chemical containing at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom.
.
Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam
Temporary moratorium
Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prohibit the incineration of covered materials until the earlier of the following:
The date on which the Secretary submits to Committees on Armed Services of the House of Representatives and the Senate a certification that the Secretary is implementing the interim guidance on the destruction and disposal of PFAS and materials containing PFAS published by the Administrator of the Environmental Protection Agency under section 7361 of the National Defense Authorization Act for Fiscal Year 2020 (15 U.S.C. 8961) and complying with section 330 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701 note).
The date on which the Administrator of the Environmental Protection Agency publishes in the Federal Register a final rule regarding the destruction and disposal of such materials pursuant to such section.
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).
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 House of Representatives a report on all incineration by the Department of Defense of covered materials during the year covered by the report, including—
the total amount of covered materials incinerated;
the temperature range at which the covered materials were incinerated;
the locations and facilities where the covered materials were incinerated;
details on actions taken by the Department of Defense to comply with section 330 of the National Defense Authorization Act for Fiscal Year 2020; and
recommendations for the safe storage of PFAS and PFAS-containing materials until identified uncertainties are addressed and appropriate destruction and disposal technologies can be recommended.
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.
Definitions
In this section:
The term AFFF
means aqueous film forming foam.
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—
has been used by the Department of Defense or a military department;
is being discarded for disposal by the Department of Defense or a military department; or
is being removed from sites or facilities owned or operated by the Department of Defense.
The term PFAS
means per- or polyfluoroalkyl substances.
Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances or lead
Public disclosure of PFAS and lead testing of water
In general
Except as provided in paragraph (2), not later than 10 days after the receipt of a validated result of testing water for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as PFAS
) or for lead in a covered area, the Secretary of Defense shall publicly disclose such validated result, including—
the results of all such testing conducted in the covered area by the Department of Defense; and
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.
Consent by private property owners
The Secretary of Defense may not publicly disclose the results of testing for perfluoroalkyl or polyfluoroalkyl substances or lead conducted on private property without the consent of the property owner.
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 publicly disclose the anticipated timeline for, and general location of, any planned testing for perfluoroalkyl or polyfluoroalkyl substances or lead proposed to be conducted in a covered area, including—
all such testing to be conducted by the Department of Defense; and
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.
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—
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);
on another publicly available website of the Department of Defense; or
in the Federal Register.
Local notification
Prior to conducting any testing of water for perfluoroalkyl or polyfluoroalkyl substances or lead, including any testing which has not been planned or publicly disclosed pursuant to subsection (b), the Secretary of Defense shall provide notice of the testing to—
the managers of the public water system serving the covered area where such testing is to occur;
the heads of the municipal government serving the covered area where such testing is to occur; and
as applicable, the members of the restoration advisory board for the military installation where such testing is to occur.
Methods for testing
In testing water for perfluoroalkyl or polyfluoroalkyl substances or lead, the Secretary of Defense shall adhere to methods for measuring the amount of such substances in drinking water that have been validated by the Administrator of the Environmental Protection Agency.
Definitions
In this section:
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.
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.
The term military installation
has the meaning given such term in section 2801(c)(4) of title 10, United States Code.
The term perfluoroalkyl or polyfluoroalkyl substance
means any man-made chemical with at least one fully fluorinated carbon atom.
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)).
The term restoration advisory board
means a restoration advisory board established pursuant to section 2705(d) of title 10, United States Code.
PFAS testing requirements
Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall complete a preliminary assessment and site inspection for PFAS, including testing for PFAS, at all military installations, formerly used defense sites, and State-owned facilities of the National Guard in the United States that have been identified by the Secretary as of the date of the enactment of the Act.
Standards for response actions with respect to PFAS contamination
In general
In conducting a response action to address perfluoroalkyl or polyfluoroalkyl substance contamination from Department of Defense or National Guard activities, the Secretary of Defense shall conduct such actions to achieve a level of such substances in the environmental media that meets or exceeds the most stringent of the following standards for each applicable covered PFAS substance in any environmental media:
A State standard, in effect in the State in which the response action is being conducted, as described in section 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)).
A Federal standard, as described in section 121(d)(2)(A)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)).
A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)).
Definitions
In this section:
The term covered PFAS substance means any of the following:
Perfluorononanoic acid (PFNA).
Perfluorooctanoic acid (PFOA).
Perfluorohexanoic acid (PFHxA).
Perfluorooctane sulfonic acid (PFOS).
Perfluorohexane sulfonate (PFHxS).
Perfluorobutane sulfonic acid (PFBS).
GenX.
The term response action means an action taken pursuant to section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
Savings clause
Except with respect to the specific level required to be met under subsection (a), nothing in this section affects the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607).
Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam
Review required
Not later than 180 days of after the date of the enactment of this Act, the Secretary of Defense shall complete a review of the efforts of the Department of Defense to prevent or mitigate spills of aqueous film-forming foam (in this section referred to as AFFF
). Such review shall assess the following:
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.
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.
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.
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:
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.
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.
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).
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).
Budget information for alternatives to burn pits
The Secretary of Defense shall include in the budget submission of the President under section 1105(a) of title 31, United States Code, for fiscal year 2022 a dedicated budget line item for incinerators and waste-to-energy waste disposal alternatives to burn pits.
Establishment of emissions control standard operating procedures
Review
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of current electromagnetic spectrum emissions control standard operating procedures across the joint force.
Standards required
Not later than 60 days after completing the review under subsection (a), the Secretary of Defense shall direct the Secretary of each of the military departments to establish standard operating procedures, down to the battalion or equivalent level, pertaining to emissions control discipline during all manner of operations.
Report
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation status of the standards required under subsection (b) by each of the military departments, including—
incorporation into doctrine of the military departments;
integration into training of the military departments; and
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.
Long-duration demonstration initiative and joint program
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.
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—
ensure a range of technology types;
ensure regional diversity among projects; and
consider bulk power level, distribution power level, behind-the-meter, microgrid (grid-connected or islanded mode), and off-grid applications.
Joint program
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—
to demonstrate promising long-duration energy storage technologies at different scales to promote energy resiliency; and
to help new, innovative long-duration energy storage technologies become commercially viable.
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.
Infrastructure
In carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall—
use existing test-bed infrastructure at—
installations of the Department of Defense; and
facilities of the Department of Energy; and
develop new infrastructure for identified projects, if appropriate.
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.
Selection of projects
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—
ensure that projects are carried out under conditions that represent a variety of environments with different physical conditions and market constraints; and
ensure an appropriate balance of—
larger, operationally-scaled projects, adapting commercially-proven technology that meets military service defined requirements; and
smaller, lower-cost projects.
Priority
In carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall give priority to demonstration projects that—
make available to the public project information that will accelerate deployment of long-duration energy storage technologies that promote energy resiliency; and
will be carried out as field demonstrations fully integrated into the installation grid at an operational scale.
Pilot program on use of sustainable aviation fuel
In general
The Secretary of Defense shall conduct a pilot program at two or more geographically diverse Department of Defense facilities for the use of sustainable aviation fuel. Such program shall be designed to—
identify any logistical challenges with respect to the use of sustainable aviation fuel by the Department of Defense;
promote understanding of the technical and performance characteristics of sustainable aviation fuel when used in a military setting; and
engage nearby commercial airports to explore opportunities and challenges to partner on increased use of sustainable aviation fuel.
Selection of facilities
Selection
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall select at least two geographically diverse Department facilities at which to carry out the pilot program. At least one such facility shall be a facility with an onsite refinery that is located in proximity to at least one major commercial airport that is also actively seeking to increase the use of sustainable aviation fuel.
Notice to Congress
Upon the selection of each facility under paragraph (1), the Secretary shall submit to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives notice of the selection, including an identification of the facility selected.
Use of sustainable aviation fuel
Plans
For each facility selected under subsection (b), not later than one year after the selection of the facility, the Secretary shall—
develop a plan on how to implement, by September 30, 2028, a target of exclusively using at the facility aviation fuel that is blended to contain at least 10 percent sustainable aviation fuel;
submit the plan to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and
provide to such Committees a briefing on the plan that includes, at a minimum—
a description of any operational, infrastructure, or logistical requirements and recommendations for the blending and use of sustainable aviation fuel; and
a description of any stakeholder engagement in the development of the plan, including any consultations with nearby commercial airport owners or operators.
Implementation of plans
For each facility selected under subsection (b), during the period beginning on a date that is not later than September 30, 2028, and for five years thereafter, the Secretary shall require, in accordance with the respective plan developed under paragraph (1), the exclusive use at the facility of aviation fuel that is blended to contain at least 10 percent sustainable aviation fuel.
Criteria for sustainable aviation fuel
Sustainable aviation fuel used under the pilot program shall meet the following criteria:
Such fuel shall be produced in the United States from non-agricultural and non-food-based domestic feedstock sources.
Such fuel shall constitute drop-in fuel that meets all specifications and performance requirements of the Department of Defense and the Armed Forces.
Waiver
The Secretary may waive the use of sustainable aviation fuel at a facility under the pilot program if the Secretary—
determines such use is not feasible due to a lack of domestic availability of sustainable aviation fuel or a national security contingency; and
submits to the congressional defense committees notice of such waiver and the reasons for such waiver.
Final report
At the conclusion of the pilot program, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a final report on the pilot program. Such report shall include each of the following:
An assessment of the effect of using sustainable aviation fuel on the overall fuel costs of blended fuel.
A description of any operational, infrastructure, or logistical requirements and recommendations for the blending and use of sustainable aviation fuel, with a focus on scaling up military-wide adoption of such fuel.
Recommendations with respect to how military installations can leverage proximity to commercial airports and other jet fuel consumers to increase the rate of use of sustainable aviation fuel, for both military and non-military use, including potential collaboration on innovative financing or purchasing and shared supply chain infrastructure.
A description of the effects on performance and operation aircraft using sustainable aviation fuel including—
if used, considerations of various blending ratios and their associated benefits;
efficiency and distance improvements of flights fuels using sustainable aviation fuel;
weight savings on large transportation aircraft and other types of aircraft with using blended fuel with higher concentrations of sustainable aviation fuel;
maintenance benefits of using sustainable aviation fuel, including engine longevity;
the effect of the use of sustainable aviation fuel on emissions and air quality;
the effect of the use of sustainable aviation fuel on the environment and on surrounding communities, including environmental justice factors that are created by the demand for and use of sustainable aviation fuel by the Department of Defense; and
benefits with respect to job creation in the sustainable aviation fuel production and supply chain.
Sustainable aviation fuel defined
In this section, the term sustainable aviation fuel
means liquid fuel that—
consists of synthesized hydrocarbon;
meets the requirements of—
ASTM International Standard D7566 (or such successor standard); or
the co-processing provisions of ASTM International Standard D1655, Annex A1 (or such successor standard);
is derived from biomass (as such term is defined in section 45K(c)(3) of the Internal Revenue Code of 1986), waste streams, renewable energy sources, or gaseous carbon oxides;
is not derived from palm fatty acid distillates; and
conforms to the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance, for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States.
Joint Department of Defense and Department of Agriculture study on bioremediation of PFAS using mycological organic matter
Study
The Secretary of Defense, acting through the Assistant Secretary of Defense for Energy, Installations, and Environment, Strategic Environmental Research and Development Program, and the Secretary of Agriculture, acting through the Administrator of the Agricultural Research Service, shall jointly carry out a study on the bioremediation of PFAS using mycological organic matter. Such study shall commence not later than one year after the date of the enactment of this Act.
Report
Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Agriculture shall jointly submit to the Committee on Agriculture and the Committee on Armed Services of the House or Representatives and the Committee on Agriculture, Forestry, and Nutrition and the Committee on Armed Services of the Senate a report on the study conducted pursuant to subsection (a).
PFAS
In this section, the term PFAS
means per- and polyfluoroalkyl substances.
Report on Air Force progress regarding contaminated real property
Sense of Congress
It is the sense of Congress that—
the Air Force has contaminated property across the United States with harmful perfluorooctanoic acid and perfluorooctane sulfonate chemicals;
perfluorooctanoic acid and perfluorooctane sulfonate contamination threatens the jobs, lives, and livelihoods of citizens and livestock who live in contaminated areas;
property owners, especially those facing severe financial hardship, cannot wait any longer for the Air Force to acquire contaminated property; and
the Air Force should, in an expeditious manner, use the authority under section 344 of the National Defense Authorization Act 2020 (Public Law 116–92; 10 U.S.C. 2701 note) to acquire contaminated property and provide relocation assistance.
Report
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the progress of the Air Force in carrying out section 344 of the National Defense Authorization Act 2020 (Public Law 116–92; 10 U.S.C. 2701 note). Such report shall include—
a detailed description of any real property contaminated by perfluorooctanoic acid and perfluorooctane sulfonate by the Air Force;
a description of any progress made by the Air Force to acquire property or provide relocation assistance pursuant to such section 344; and
if the Air Force has not acquired property or provided relocation assistance pursuant to such section, an explanation of why it has not.
Energy, water, and waste net zero requirements for construction of new buildings
Requirements described
For fiscal year 2022 and any subsequent fiscal year, the Secretary of Defense shall improve building efficiency, performance, and management by ensuring that the new construction of any Department of Defense building larger than 5,000 gross square feet that enters the planning process is designed to achieve energy net-zero and water or waste net-zero by fiscal year 2035.
Waiver for national security
The Secretary may waive the requirement of subsection (a) with respect to a building if the Secretary provides the Committees on Armed Services of the House of Representatives and Senate with a certification that the application of such requirement would be detrimental to national security.
Status report and briefings on progress towards meeting current goal regarding use of renewable energy to meet facility energy needs
Section 2911(g) of title 10, United States Code, is amended by adding at the end the following new paragraph:
The Secretary of Defense shall—
not later than 180 days after the date of the enactment of this paragraph, submit a report to the Committees on Armed Services of the House of Representatives and Senate on the progress the Secretary has made towards meeting the goal described in paragraph (1)(A) with respect to fiscal year 2025; and
during fiscal year 2022 and each succeeding fiscal year through fiscal year 2025, provide a briefing to the Committees on Armed Services of the House of Representatives and Senate on the progress the Secretary has made towards meeting the goal described in paragraph (1)(A) with respect to fiscal year 2025.
.
Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam
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.
Matters
The review under subsection (a) shall assess, with respect to the agreements specified in such subsection, the following:
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
).
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.
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.
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:
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.
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.
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).
Briefing
Not later than 30 days after the date on which the Secretary issues the guidance under subsection (c), the Secretary shall provide to the congressional defense committees a briefing that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (c).
Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i
Findings
Congress finds the following:
The continued availability and use of the Red Hill Bulk Fuel Storage Facility in Honolulu, Hawai‘i is a matter of national security. Persistent fuel availability in quantity, location, and secured siting is a key component in ensuring resilient logistical support for sustained forward operations in the Indo-Pacific region and the execution of the National Defense Strategy, including the objectives of maintaining a free and open Indo-Pacific.
The Red Hill Bulk Fuel Facility is constructed in basalt rock that overlays a key aquifer serving as one of the major ground water resources for the fresh water needs of the City of Honolulu, including key military installations and associated facilities. Past leaks from the tanks and other infrastructure of the Red Hill Bulk Fuel Storage Facility, while not resulting in any appreciable effect to the aquifer, raise significant questions whether the facility is being operated and maintained to the highest standard possible and whether the facility presents a material risk to the aquifer and to Honolulu water resources.
Safety inspections of the Red Hill Bulk Fuel Storage Facility at 10-year intervals, as required by the American Petroleum Institute 570 standards, set the upper boundaries for inspections.
Sense of Congress
In order to fully effectuate national security, assure the maximum safe utilization of the Red Hill Bulk Fuel Storage Facility, and fully address concerns as to potential impacts of the facility on public health, it is the sense of Congress that the Secretary of the Navy and the Defense Logistics Agency should—
operate and maintain the Red Hill Bulk Fuel Storage Facility to the highest standard possible; and
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.
Inspection requirement
Inspection required
The Secretary of the Navy shall direct the Naval Facilities Engineering Command to conduct an inspection of the pipeline system, supporting infrastructure, and appurtenances, including valves and any other corrosion prone equipment, at the Red Hill Bulk Fuel Storage Facility.
Inspection agent; standards
The inspection required by this subsection shall be performed—
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
in accordance with the Unified Facilities Criteria (UFC-3-460-03) and American Petroleum Institute 570 inspection standards.
Exception
The inspection required by this subsection excludes the fuel tanks at the Red Hill Bulk Fuel Storage Facility.
Life-cycle sustainment plan
In conjunction with the inspection required by subsection (c), the Naval Facilities Engineering Command shall prepare a life-cycle sustainment plan for the Red Hill Bulk Fuel Storage Facility, which shall consider the current condition and service life of the tanks, pipeline system, and support equipment.
Submission of results and plan
Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing—
the results of the inspection conducted under subsection (c);
the life-cycle sustainment plan prepared under subsection (d); and
options on improving the security and maintenance of the Red Hill Bulk Fuel Storage Facility.
Amendment to budgeting of Department of Defense relating to extreme weather
Section 328(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 221 note) is amended—
in paragraph (1), by striking ; and
and inserting a semicolon;
in paragraph (2), by striking the period at the end and inserting ; and
; and
by inserting after paragraph (2) the following:
a calculation of the annual costs to the Department for assistance provided to—
the Federal Emergency Management Agency or Federal land management agencies—
pursuant to requests for such assistance; and
approved under the National Interagency Fire Center; and
any State, Territory, or possession under title 10 or title 32, United States Code, regarding extreme weather.
.
Sense of Congress regarding electric or zero-emission vehicles for non-combat vehicle fleet
It is the sense of Congress that any new non-tactical Federal vehicle purchased by the Department of Defense for use outside of combat should, to the greatest extent practicable, be an electric or zero-emission vehicle.
Pilot program to test new software to track emissions at certain military installations
In general
The Secretary of Defense may conduct a pilot program (to be known as the Installations Emissions Tracking Program
) to evaluate the feasibility and effectiveness of software and emerging technologies and methodologies to track real-time emissions from installations and installation assets.
Goals
The goals of the Installations Emissions Tracking Program are—
to prove software and emerging technologies, methodologies, and capabilities to effectively track emissions in real time; and
to reduce energy costs and increase efficiencies.
Locations
If the Secretary conducts the Installations Emissions Tracking Program, the Secretary shall select, for purposes of the Program, four major military installations located in different geographical regions of the United States that the Secretary determines—
are prone to producing higher emissions;
are in regions that historically have poor air quality; and
have historically higher than average utility costs.
Department of Defense plan to meet science-based emissions targets
Plan required
Not later than September 30, 2022, the Secretary of Defense shall submit to Congress a plan to reduce the greenhouse gas emissions of the Department of Defense, including Department of Defense functions that are performed by contractors, in line with science-based emissions targets.
Updates
The Secretary shall submit to Congress annual reports on the progress of the Department of Defense toward meeting the science-based emissions targets in the plan required by subsection (a).
Science-based emissions target
In this section, the term science-based emissions target
means a reduction in greenhouse gas emissions consistent with preventing an increase in global average temperature of greater than or equal to 1.5 degrees Celsius compared to pre-industrial levels.
Report on clean up of contaminated Army property
Findings
Congress makes the following findings:
There are numerous properties that were under the jurisdiction of the Department of the Army, such as former Nike missile sites, but that have been transferred to units of local government.
Many of these properties may remain polluted because of activity by the Department of Defense.
This pollution may inhibit the use of these properties for commercial or residential purposes.
Knowledge and understanding of the impacts of contaminants from Department of Defense activities have developed and changed over time.
The Department of Defense has an obligation to facilitate the clean-up of such pollutants even after the sites have been transferred to local governments.
Report
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that contains each of the following:
A plan to facilitate the clean-up of each contaminated property that was under the jurisdiction of the Department of the Army and subsequently transferred to a unit of local government.
An identification of any site where the Department of the Army has previously conducted clean-up activities but due to contaminants not discovered until after transfer or newly identified contaminants, additional clean-up may be necessary.
An explanation of how any site identified under paragraph (2) is to be prioritized relative to other sites, such as active sites or sites set for transfer.
A detailed plan to conduct preliminary assessments and site inspections for each site identified under paragraph (2) by not later than five years after the date of the submittal of the report.
Grants for maintaining or improving military installation resilience
Section 2391 of title 10, United States Code, is amended—
in subsection (b)(5), by adding at the end the following new subparagraph:
The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds, in order to assist a State or local government in planning and implementing measures and projects that, as determined by the Secretary of Defense, will contribute to maintaining or improving military installation resilience. Amounts appropriated or otherwise made available for assistance under this subparagraph shall remain available until expended.
In the case of funds provided under this subparagraph for projects involving the preservation, maintenance, or restoration of natural features for the purpose of maintaining or enhancing military installation resilience, such funds may be provided in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities required for the preservation, maintenance, or restoration of such natural features, and may be placed by the recipient in an interest-bearing or other investment account, and any interest or income shall be applied for the same purposes as the principal.
; and
in subsection (e)(1), by striking subsection (b)(1)(D)
inserting paragraphs (1)(D) and (E) and (5)(D) of subsection (b) and subsection (d)
.
Inclusion of information regarding climate change in reports on national technology and industrial base
Section 2504(3)(B) of title 10, United States Code, is amended—
by redesignating clauses (i) through (iii) as clauses (ii) through (iv), respectively; and
by inserting before clause (ii), as so redesignated, the following new clause (i):
vulnerabilities related to the current and projected impacts of climate change and to cyberattacks or disruptions;
.
Sense of Congress regarding report of the Intergovernmental Panel on Climate Change
Findings
Congress makes the following findings:
The Intergovernmental Panel on Climate Change has provided valuable scientific assessments on climate change since its creation in 1988.
The first part of the Sixth Assessment Report, Climate Change 2021: The Physical Science Basis, was finalized on August 6, 2021.
The report finds that the global average temperature is expected to reach or exceed 1.5 degrees celsius above pre-industrial levels within the coming decades without immediate and large-scale efforts to reduce greenhouse gas emissions.
This increase in global temperature will affect all regions of the world, impacting weather patterns, sea levels, ocean temperatures, biodiversity, and more.
Sense of Congress
It is the sense of Congress that—
the Department of Defense should take the most recent report of the Intergovernmental Panel on Climate Change into consideration when carrying out resiliency efforts and making energy and transportation decisions for military bases and installations; and
the Department of Defense should consider adding the recommendations of the Sixth Assessment Report to the Unified Facilities Criteria where appropriate.
Logistics and Sustainment
Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand
Clarification of operational energy responsibilities
Section 2926 of title 10, United States Code, is amended—
in subsection (a), by inserting in contested logistics environments
after missions
; and
in subsection (b)—
in the heading, by striking Authorities
and inserting Responsibilities
;
in the matter preceding paragraph (1), by striking may
and inserting shall
;
by amending paragraph (1) to read as follows:
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;
;
in paragraph (2), by inserting supportability in contested logistics environments,
after power,
; and
in paragraph (3), by inserting in contested logistics environments
after vulnerabilities
.
Establishment of working group
Such section is further amended—
in subsection (c)—
in the matter preceding paragraph (1), by inserting and in coordination with the working group under subsection (d)
after components
;
in paragraph (1), by striking Defense and oversee
and inserting Defense, including the activities of the working group established under subsection (d), and oversee
;
in paragraph (2), by inserting , taking into account the findings of the working group under subsection (d)
after Defense
; and
paragraph (3), by inserting , taking into account the findings of the working group under subsection (d)
after resilience
;
by redesignating subsections (d) through (f) as subsections (e) through (g), respectively;
by inserting after subsection (c), as amended by paragraph (1), the following new subsection:
Working Group
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.
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).
The members of the working group under paragraph (1) shall be appointed as follows:
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.
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.
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.
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.
The duties of the working group under paragraph (1) shall be as follows:
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.
Developing recommendations regarding the strategy for operational energy under subsection (e).
Developing recommendations relating to the development of, and modernization efforts for, platforms and weapons systems of the armed forces.
Developing recommendations to ensure that such development and modernization efforts lead to increased lethality, extended range, and extended on-station time for tactical assets.
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
in subsection (g), as redesignated by paragraph (2)—
in paragraph (1)—
by striking The Secretary of a military department
and inserting Each member of the working group under subsection (d)
; and
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
in paragraph (2), by striking military department
and inserting armed force
.
Modifications to operational energy strategy
Subsection (e) of such section, as redesignated by subsection (b)(2), is amended to read as follows:
The Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the working group under subsection (d), shall be responsible for the establishment and maintenance of a department-wide transformational strategy for operational energy. The strategy shall be updated every five years and shall establish near-term, mid-term, and long-term goals, performance metrics to measure progress in meeting the goals, and a plan for implementation of the strategy within each armed force, across the armed forces, and with the Office of the Secretary of Defense.
The strategy required under paragraph (1) shall include the following:
A plan to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand within each armed force.
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.
An assessment of any fossil fuel reduction technologies, including electric, hydrogen, or other sustainable fuel technologies, that may reduce operational energy demand in the near-term or long-term.
An assessment of any risks or opportunities related to the development of tactical vehicles or other military equipment that use alternative propulsion systems, including any such risks or opportunities with respect the supply chain or resupply capabilities of the armed forces or the congruence of such systems with the systems used by allies of the United States.
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.
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.
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.
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).
.
Definitions
Such section is further amended by adding at the end the following new subsection:
Definitions
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.
The term tactical vehicle
means a vehicle owned by the Department of Defense or the armed forces and used in combat, combat support, combat service support, tactical, or relief operations, or in training for such operations.
.
Conforming amendment
Section 2926(c)(5) of title 10, United States Code, is amended by striking subsection (e)(4)
and inserting subsection (f)(4)
.
Interim report
Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the congressional defense committees an interim report on any actions taken pursuant to the amendments made by this section. Such report shall include an update regarding the establishment of the working group under section 2926(d) of title 10, United States Code, as amended by subsection (b).
Global bulk fuel management and delivery
Designation of responsible combatant command
Designation required
Subchapter III of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section:
Global bulk fuel management and delivery
The Secretary of Defense shall designate a combatant command to be responsible for bulk fuel management and delivery of the Department on a global basis.
.
Clerical amendment
The table of contents for such subchapter is amended by adding at the end the following new item:
2927. Global bulk fuel management and delivery.
.
Deadline for designation; notice
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall—
make the designation required under section 2927 of title 10, United States Code (as added by paragraph (1)); and
provide to the Committees on Armed Services of the Senate and the House of Representatives notice of the combatant command so designated.
Global bulk fuel management strategy
Strategy required
The commander of the combatant command designated under section 2927 of title 10, United States Code (as added by subsection (a)), shall prepare and submit to the congressional defense committees a strategy to develop the infrastructure and programs necessary to optimally support global bulk fuel management of the Department of Defense.
Additional elements
The strategy under paragraph (1) shall include the following additional elements:
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.
A description of any legacy bulk fuel management assets of each of the geographic combatant commands.
A description of the operational plan to exercise such assets to ensure full functionality and to repair, upgrade, or replace such assets as necessary.
An identification of the resources required for any such repairs, upgrades, or replacements.
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.
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.
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.
An identification of the resources required to address any changes to such guidance, requirements, or stocks recommended as the result of such assessment.
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.
Coordination
In preparing the strategy under paragraph (1), the commander of the combatant command specified in such paragraph shall coordinate with subject matter experts of the Joint Staff, the geographic combatant commands, the United States Transportation Command, the Defense Logistics Agency, and the military departments.
Limitation on availability of funds for Defense Logistics Agency (Energy)
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Defense Logistics Agency (Energy), not more than 50 percent may be obligated or expended before the date on which the notice under subsection (a)(3)(B) is provided.
Conforming amendments
Section 2854 of the Military Construction Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
in subsection (b), by striking The organizational element designated pursuant to subsection (a)
and inserting The Secretary of Defense
;
in subsection (c), by striking subsection (b)
and inserting subsection (a)
;
by striking subsections (a) and (d); and
by redesignating subsections (b) and (c), as amended by paragraphs (1) and (2), as subsections (a) and (b), respectively.
Comptroller General annual reviews of F–35 sustainment efforts
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—
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
provide to the Committee on Armed Services of the House of Representatives a briefing on such review, including any findings of the Comptroller General as a result of such review.
Elements
Each review under subsection (a)(1) shall include an assessment of the following:
The status of the sustainment strategy of the Department for the F–35 Lightning II aircraft program.
The Department oversight and prime contractor management of key sustainment functions with respect to the F–35 aircraft program.
The ability of the Department to reduce the costs, or otherwise maintain the affordability, of the sustainment of the F–35 fleet.
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.
Reports
Following the provision of each briefing under subsection (a)(2), at such time as is mutually agreed upon by the Committee on Armed Services of the House of Representatives and the Comptroller General, the Comptroller General shall submit to such committee a report on the matters covered by the briefing.
Pilot program on biobased corrosion control and mitigation
Pilot program
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall commence a one-year pilot program to test and evaluate the use of covered biobased solutions as alternatives to current solutions for the control and mitigation of corrosion.
Selection
In carrying out the pilot program under subsection (a), the Secretary shall select for test and evaluation under the pilot program at least one existing covered biobased solution.
Test and evaluation
Following the test and evaluation of a covered biobased solution under the pilot program, the Secretary shall determine, based on such test and evaluation, whether the solution meets the following requirements:
The solution is capable of being produced domestically.
The solution is at least as effective at the control and mitigation of corrosion as current alternative solutions.
The solution reduces environmental exposures.
Recommendations
Upon termination of the pilot program under subsection (a), the Secretary shall develop recommendations for the Department of Defense-wide deployment of covered biobased solutions that the Secretary has determined meet the requirements under subsection (c).
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.
Pilot program on digital optimization of organic industrial base maintenance and repair operations
In general
Beginning not later than 180 days after the date of the enactment of this Act, The Secretary of the Defense shall initiate a pilot program under which the Secretary shall provide for the digitization of the facilities and operations of at least one covered depot.
Elements of pilot program
In carrying out the pilot program under this section, the Secretary shall provide for each of the following at the covered depot or depots at which the Secretary carries out the program:
The delivery of a digital twin model of the maintenance, repair, and remanufacturing infrastructure and activities.
The modeling and simulation of optimized facility configuration, logistics systems, and processes.
The analysis of material flow and resource use to achieve key performance metrics for all levels of maintenance and repair.
An assessment of automated, advanced, and additive manufacturing technologies that could improve maintenance, repair, and remanufacturing operations.
The identification of investments necessary to achieve the efficiencies identified by the digital twin model required under paragraph (1).
Report
Not later than 60 days after the completion of the digital twin model and associated analysis, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. Such report shall include—
a description of the efficiencies identified under the pilot program;
a description of the infrastructure, workforce, and capital equipment investments necessary to achieve such efficiencies;
the plan of the Secretary to undertake such investments; and
the assessment of the Secretary of the potential applicability of the findings of the pilot program to other covered depots.
Covered depot defined
In this section, the term covered depot
includes any depot covered under section 2476(e) of title 10, United States Code, except for the following:
Portsmouth Naval Shipyard, Maine.
Pearl Harbor Naval Shipyard, Hawaii.
Puget Sound Naval Shipyard, Washington.
Norfolk Naval Shipyard, Virginia.
Pilot program on implementation of mitigating actions to address vulnerabilities to critical defense facilities and associated defense critical electric infrastructure
Two-year pilot authorized
In general
The Secretary of Defense, in coordination with the Secretary of Energy, the Secretaries of each of the military departments, and the Secretary of the department in which the Coast Guard is operating, shall carry out a two-year pilot program under which the Secretary shall implement mitigating actions to address vulnerabilities assessed under section 215A of the Federal Power Act (16 U.S.C. 824o–1) at critical defense facilities and their associated defense critical electric infrastructure, after consultation with, and with the consent of, the owners of such facilities and infrastructure.
Use of grant authority
In carrying out the pilot program, the Secretary of Defense may make grants, enter into cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense to support mitigating actions under this section.
Selection of installations
The Secretary of Defense shall select at least three military installations designated as critical defense facilities at which to carry out the pilot program under this section. In selecting such installations, the Secretary shall—
ensure that at least one of the military installations selected is an installation of each of Armed Forces;
select installations that represent different challenges or severities with respect to electric infrastructure vulnerability;
select at least one critical defense facility within the service territory of a Power Marketing Administration;
provide particular consideration for critical defense facilities and the associated defense critical electric infrastructure that use rural cooperatives or municipal entities for their electricity needs; and
provide particular consideration for critical defense facilities and defense critical electric infrastructure that have completed an assessment of vulnerabilities and resilience requirements in coordination with the Secretary of Defense and the Secretary of Energy.
Comptroller General review
In general
Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall—
conduct a review of the pilot program under this section; and
submit to the appropriate congressional committees a report on the results of the review.
Contents
The review required under this subsection shall include an assessment of the effectiveness of the mitigating actions taken under the pilot program and the feasibility of expanding the implementation of such mitigating actions at other installations identified under section 215A(a)(4) of the Federal Power Act (16 U.S.C. 824o–1(a)(4)).
Definitions
In this section:
The term appropriate congressional committees
means—
the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives; and
the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate.
The term defense critical electric infrastructure
has the meaning given such term under section 215A(a)(4) of the Federal Power Act (16 U.S.C. 824o–1(a)(4)).
The term critical defense facility
means a facility designated as a critical defense facility under section 215A(c) of the Federal Power Act (16 U.S.C. 824o–1(c)).
The term mitigating action
means any energy resiliency solution applied that is consistent with an assessed strategy to reduce vulnerabilities at critical defense facilities and associated defense critical electric infrastructure.
Report and certification requirements regarding sustainment costs for F–35 aircraft program
Report
Not later than March 1, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on sustainment costs for the F–35 aircraft program. Such report shall include the following:
A detailed description and explanation of, and the actual cost data related to, sustainment costs for the F–35 aircraft program, including an identification and assessment of cost elements attributable to the Federal Government or to contractors (disaggregated by the entity responsible for each portion of the cost element, including at the prime contractor and major subcontractor levels) with respect to such sustainment costs.
An identification of the affordability targets of the Air Force, Navy, and Marine Corps, respectively, for sustainment costs for the F–35 aircraft program (expressed in cost per tail per year format and disaggregated by aircraft variant) for the following years:
With respect to the affordability target of the Air Force, for the year in which the Secretary of the Air Force completes the procurement of the program of record number of F–35 aircraft for the Air Force.
With respect to the affordability target of the Navy, for the year in which the Secretary of the Navy completes the procurement of the program of record number of F–35 aircraft for the Navy; and
With respect to the affordability target of the Marine Corps, for the year in which the Secretary of the Navy completes the procurement of the program of record number of F–35 aircraft for the Marine Corps.
A detailed plan for the reduction of sustainment costs for the F–35 aircraft program to achieve the affordability targets specified in paragraph (2), including a plan for contractors to reduce their portion of such sustainment costs.
An identification of sustainment cost metrics for the F–35 aircraft program for each of fiscal years 2022 through 2026, expressed in cost per tail per year format.
Annual certification
Certifications
Not later than December 31 of each of the years 2022 through 2026, the Secretary of Defense shall submit to the congressional defense committees a certification indicating whether the F–35 aircraft program met the sustainment cost metrics identified pursuant to subsection (a)(4) with respect to the fiscal year for which the report is submitted.
Justification
If a certification under paragraph (1) indicates that the sustainment cost metrics for the respective year were not met, the Secretary shall submit to the congressional defense committees a detailed justification for the outcome.
Limitation on certain contracts
The Secretary of Defense may not enter into a performance-based logistics contract for the sustainment of the F–35 aircraft program until the Secretary submits to the congressional defense committees a certification that—
the F–35 aircraft program has met the sustainment cost metrics identified pursuant to subsection (a)(4) for two consecutive fiscal years, as indicated by two consecutive certifications submitted under subsection (b)(1); and
the Secretary has determined that such a performance-based logistics contract will further reduce sustainment costs for the F–35 aircraft program.
Cost per tail per year defined
In this section, the term cost per tail per year
means the average annual operating and support cost (as estimated pursuant to a formula determined by the Secretary) per aircraft.
Report on maintenance and repair of aircraft turbine engine rotors
Report
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the inventory, maintenance, and repair of aircraft turbine engine rotors by the Department of Defense. Such report shall include information (disaggregated by aircraft type and military department) as follows:
A total inventory of all replacement aircraft turbine engine rotors produced or procured by Department.
The total production and procurement costs in fiscal year 2021 for such replacement rotors.
The projected production and procurement costs for such replacement rotors for fiscal years 2022, 2023, and 2024.
Any funds invested by the Department to modernize the maintenance and repair of aircraft turbine engine rotors, and to lower associated costs.
Form
The report under subsection (a) shall be submitted in unclassified form, but may have a classified annex.
Briefing on Air Force plan for certain aerospace ground equipment modernization
Not later than March 1, 2022, the Secretary of the Air Force shall provide a briefing to the Committee on Armed Services of the House of Representatives on current and future plans for the replacement of aging aerospace ground equipment, which shall include—
an analysis of the average yearly cost to the Air Force of maintaining legacy and out-of-production A/M32A-60 and A/M32C-10 air start carts;
a comparison of the cost of reconditioning these existing legacy systems compared to the cost of replacing them with next-generation air start carts;
an analysis of the long-term maintenance and fuel savings that would be realized by the Air Force if the legacy systems were upgraded to next-generation air start carts;
an analysis of the tactical and logistical benefits of transitioning from multi-component aerospace ground equipment systems to modern all-in-one systems; and
an overview of existing and future plans to replace legacy air start carts with modern aerospace ground equipment technology.
Risk Mitigation and Safety Improvement
Treatment of notice of presumed risk issued by Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions
Subparagraph (B) of paragraph (2) of subsection (C) of section 183a of title 10, United States Code, is amended to read as follows:
A notice of presumed risk issued pursuant to subparagraph (A) is a preliminary assessment only and is not a finding of unacceptable risk under subsection (e). A discussion of mitigation actions could resolve the concerns identified by the Department in the preliminary assessment in favor of the applicant.
.
Establishment of Joint Safety Council
In general
Chapter 7 of title 10, United States Code, is amended by inserting after section 183a the following new section:
Joint Safety Council
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
).
Composition; appointment; compensation
The Council shall include the following voting members:
The Vice Chief of Staff of the Army.
The Vice Chief of Staff of the Air Force.
The Vice Chief of Naval Operations.
The Assistant Commandant of the Marine Corps.
The Vice Chief of Space Operations.
A member of the Senior Executive Service from the Office of the Under Secretary of Defense for Personnel and Readiness, appointed by the Deputy Secretary of Defense.
A member of the Senior Executive Service from the Office of the Under Secretary for Research and Engineering, appointed by the Deputy Secretary of Defense.
A member of the Senior Executive Service from the Office of the Under Secretary for Acquisition and Sustainment, appointed by the Deputy Secretary of Defense.
The Council shall include the following non-voting members:
The Director of Safety for the Department of the Army, who shall be appointed by the Secretary of the Army.
The Director of Safety for the Department of the Air Force, who shall be appointed by the Secretary of the Air Force.
The Director of Safety for the Department of the Navy, who shall be appointed by the Secretary of the Navy.
The Deputy Assistant Secretary of Defense for Force Safety and Occupational Health, appointed by the Deputy Secretary of Defense as the Executive Secretary.
Members of the Council serve at the will of the official who appointed them.
Vacancies on the Council shall be filled in the same manner as the original appointment.
Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council.
Chair and vice chair
The Secretary of Defense, or the Secretary’s designee, shall select one of the members of the Council who is a member of the armed forces to serve as Chair of the Council. Unless earlier removed, the Chair shall serve for a term of two years. The Chair shall serve as the Director of Operational and Training Safety for the Department of Defense.
The Vice Chair shall be a person appointed under subsection (b) who is a member of the Senior Executive Service. The Vice Chair shall report to the Chair and shall serve as Chair in his or her absence.
Staff
The Council may appoint staff in accordance with section 3101 of title 5.
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.
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.
Procurement of temporary and intermittent services
The Chair may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
Data collection
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.
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.
Meetings
The Council shall meet quarterly and at the call of the Chair.
Duties
The Council shall carry out the following responsibilities:
Subject to subsection (j), issuing, publishing, and updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps.
Establishing uniform data collection standards, a centralized collection system for mishaps in the Department of Defense, and a process for safeguarding sensitive data and information where appropriate.
Reviewing the compliance of each military department in adopting and using the uniform data collection standards established under paragraph (2).
Reviewing mishap data to assess, identify, and prioritize risk mitigation efforts and safety improvement efforts across the Department.
Establishing standards and requirements for the collection of equipment, simulator, training, pilot, and operator data.
Establishing requirements for each military department to collect and analyze any waivers issued relating to pilot or operator qualifications or standards.
Establishing, in consultation with the heads of other Federal departments and agencies, as appropriate, a requirement for each military department to implement a safety management system.
Reviewing the safety management system of each military department and the implementation of such systems.
Reviewing and assessing civilian and commercial safety programs and practices to determine the suitability of such programs for implementation in the Department.
Establishing a requirement for each military department to implement a system to monitor recommendations made in safety and legal investigation reports to ensure implementation of corrective actions.
Reviewing and providing feedback on the investments of the military departments in technological solutions for safety and mishap prevention.
Review
The decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense.
Report
The Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council.
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 183a the following new item:
184. Joint Safety Council.
.
Mishap Investigation Review Board
Proposal for establishment of Board
The Deputy Secretary of Defense shall develop a proposal for the establishment of a Mishap Investigation Review Board (in this section referred to as the Board
) to provide independent oversight and review of safety and legal investigations into the facts and circumstances surrounding operational and training mishaps. The proposal shall include recommendations relating to—
the size and composition of the Board;
the process by which the Board would screen mishap investigations to identify unsatisfactory, biased, incomplete, or insufficient investigations requiring subsequent review by the Board, including whether the Board should review investigations meeting a predetermined threshold (such as all fatal mishaps or all Class A mishaps);
the process by which the military departments, the Joint Safety Council established under section 352, and other components of the Department of Defense could refer pending or completed safety and legal investigations to the Board for review;
the process by which the Board would evaluate a particular safety or legal investigation for accuracy, thoroughness, and objectivity;
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;
proposed procedures for safeguarding sensitive information collected during the investigation review process; and
how and when the Board would be required to report to the Deputy Secretary of Defense and the Joint Safety Council established under section 352 on the activities of the Board, the outcomes of individual investigation reviews performed by the Board, and the assessment of the Board regarding cross-cutting themes and trends identified by those reviews.
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.
Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents
Plan required
Not later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees and to the Comptroller General of the United States a plan to address the recommendations in the report of the Government Accountability Office entitled Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents
(GAO–21–361). Each such plan shall include, with respect to each recommendation in such report that the Secretary concerned has implemented or intends to implement—
a summary of actions that have been or will be taken to implement the recommendation; and
a schedule, with specific milestones, for completing implementation of the recommendation.
Deadline for implementation
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).
Exception for implementation of certain recommendations
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.
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—
a specific justification for the decision not to implement the recommendation; and
a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation.
Secretary concerned
In this section, the term Secretary concerned
means—
the Secretary of the Army, with respect to the Army; and
the Secretary of the Navy, with respect to the Navy.
Pilot program for tactical vehicle safety data collection
In general
Not later than one year after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall jointly carry out a pilot program to evaluate the feasibility of using data recorders to monitor, assess, and improve the readiness and safety of the operation of military tactical vehicles.
Purposes
The purposes of the pilot program are—
to allow for the automated identification of hazards and potential hazards on and off military installations;
to mitigate and increase awareness of hazards and potential hazards on and off military installations;
to identify near-miss accidents;
to create a standardized record source for accident investigations;
to assess individual driver proficiency, risk, and readiness;
to increase consistency in the implementation of military installation and unit-level range safety programs across military installations and units;
to evaluate the feasibility of incorporating metrics generated from data recorders into the safety reporting systems and to the Defense Readiness Reporting System as a measure of assessing safety risks, mitigations, and readiness;
to determine the costs and benefits of retrofitting data recorders on legacy platforms and including data recorders as a requirement in acquisition of military tactical vehicles; and
any other matters as determined by the Secretary concerned.
Requirements
In carrying out the pilot program, the Secretaries shall—
assess the feasibility of using commercial technology, such as smartphones or technologies used by insurance companies, as a data recorder;
test and evaluate a minimum of two data recorders that meet the pilot program requirements;
select a data recorder capable of collecting and exporting the telemetry data, event data, and driver identification during operation and accidents;
install and maintain a data recorder on a sufficient number of each of the covered military tactical vehicles under subsection (f) at selected installations for statistically significant results;
establish and maintain a database that contains telemetry data, driver data, and event data captured by the data recorder;
regularly generate for each installation under the pilot program a dataset that is viewable in widely available mapping software of hazards and potential hazards based on telemetry data and event data captured by the data recorders;
generate actionable data sets and statistics on individual, vehicle, and military installation;
require commanders at the covered military installations to incorporate the actionable data sets and statistics into the installation range safety program;
require unit commanders at the covered military installations to incorporate the actionable data sets and statistics into unit driver safety program;
evaluate the feasibility of integrating data sets and statistics to improve driver certification and licensing based on data recorded and generated by the data recorders;
use open architecture to the maximum extent practicable; and
any other activities determined by the Secretary as necessary to meet the purposes under subsection (b).
Implementation plan
Not later than 180 days after the date of the enactment of this Act, the Secretaries shall develop a plan for implementing the pilot program required under this section.
Locations
Each Secretary concerned shall carry out the pilot program at not fewer than one military installation in the United States that meets the following conditions:
Contains the necessary force structure, equipment, and maneuver training ranges to collect driver and military tactical vehicle data during training and routine operation.
Represents at a minimum one of the five training ranges identified in the study by the Comptroller General of the United States titled Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents
that did not track unit location during the training events.
Covered military tactical vehicles
The pilot program shall cover the following military tactical vehicles:
Army Strykers.
Marine Corps Light Armored Vehicles.
Army Medium Tactical Vehicles.
Marine Corps Medium Tactical Vehicle Replacements.
Metrics
The Secretaries shall develop metrics to evaluate the pilot program’s effectiveness in monitoring, assessing, and improving vehicle safety, driver readiness, and mitigation of risk.
Reports
Initial
Not later than 180 days after the date of the enactment of this Act under this section, the Secretaries shall jointly submit to the congressional defense committees a report on the pilot program, addressing the plan for implementing the requirements in subsection (c), including the established metrics under subsection (g).
Interim
Not later than three years after the commencement of the pilot program, the Secretaries shall jointly submit to the congressional defense committees a report on the status of the pilot program, including the preliminary results in carrying out the pilot program, the metrics generated during the pilot program, disaggregated by military tactical vehicle, location, and service, and the implementation plan under subsection (d).
Final
Not later than 90 days after the termination of the pilot program, the Secretaries shall jointly submit to the congressional defense committees a report on the results of the program. The report shall—
assess the pilot program’s effectiveness in meeting the purposes under subsection (b);
include the metrics generated during the pilot program, disaggregated by military tactical vehicle, location, and service;
include the views of range personnel, unit commanders, and members of the Armed Forces involved in the pilot program on the level of effectiveness of the technology selected;
provide a cost estimate for equipping legacy military tactical vehicles with data recorders;
determine the instances in which data recorders should be a requirement in the acquisition of military tactical vehicles;
recommend whether the pilot program should be expanded or made into a program of record; and
recommend any statutory, regulatory, or policy changes required to support the purposes under subsection (b).
Termination
The authority to carry out the pilot program under subsection (a) shall terminate five years after the date of the enactment of this Act.
Definitions
In this section:
The term accident means a collision, rollover, or other mishap involving a motor vehicle.
The term data recorder means technologies installed in a motor vehicle to record driver identification, telemetry data, and event data related to the operation of such motor vehicle.
The term driver identification means data enabling the unique identification of the driver operating the motor vehicle.
The term event data includes data related to—
the start and conclusion of each vehicle operation;
a vehicle accident;
a vehicle acceleration, velocity, or location with an increased potential for an accident; or
a vehicle orientation with an increased potential for an accident.
The term Secretary concerned means—
the Secretary of the Army with respect to matters concerning the Army; and
the Secretary of the Navy with respect to matters concerning the Navy and Marine Corps.
The term telemetry data includes—
time;
vehicle distance traveled;
vehicle acceleration and velocity;
vehicle orientation, including roll, pitch, and yaw; and
vehicle location in a geographic coordinate system, including elevation.
Implementation of Comptroller General recommendations relating to mitigation and prevention of training accidents
Requirements
The Secretary of the Defense shall take such steps as may be necessary to carry out the following with respect to the Army, Navy, Marine Corps, and Air Force:
To develop more clearly defined roles for vehicle commanders and establish mechanisms and procedures for tactical vehicle risk management to be used by first-line supervisors, including vehicle commanders.
To evaluate the number of personnel within operational units who are responsible for tactical vehicle safety and determine if these units are appropriately staffed, or if any adjustments are needed to workloads or resource levels to implement operational unit ground-safety programs.
To ensure that tactical vehicle driver training programs, including licensing, unit, and follow-on training programs, have a well-defined process with specific performance criteria and measurable standards to identify driver skills and experience under diverse conditions.
To evaluate—
the extent to which ranges and training areas are fulfilling responsibilities to identify and communicate hazards to units; and
to the extent to which such responsibilities are not being carried out, whether existing solutions are adequate or if additional resources should be applied to fulfill such responsibilities.
Consultation requirement
The Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, and the Commandant of the Marine Corps shall jointly establish a formal collaboration forum among Army, Navy, Air Force, and Marine Corps range officials through which such officials shall share methods for identifying and communicating hazards to units.
Reports
Inclusion of information regarding borrowed military manpower in readiness reports
In general
Section 482(b) of title 10, United States Code, is amended—
by redesignating paragraph (10) as paragraph (11); and
by inserting after paragraph (9) the following new paragraph (10):
Information regarding—
the extent to which any member of the armed forces is diverted, temporarily assigned, or detailed outside the member’s assigned unit or away from training in order to perform any function that had been performed by civilian employees of the Federal Government or by contractors prior to such diversion, temporary assignment, or detail; and
whether such function is within the scope of the skills required for the military occupational specialty of such member of the armed forces.
.
Annual report on missing, lost, and stolen weapons, large amounts of ammunition, destructive devices, and explosive material
In general
Section 2722 of title 10, United States Code, is amended—
in the section heading, by striking report to Secretary of the Treasury
and inserting reporting requirements
;
in subsection (a), by inserting and the Director of the Bureau of Alcohol, Tobacco, and Firearms
after Secretary of the Treasury
;
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following new subsection (c):
Annual report
Not later than December 31 each year, the Secretary shall submit to the congressional defense committees a report that includes, for the preceding year—
all instances of missing, lost, or stolen weapons, large amounts of ammunition, destructive devices, or explosive material from the stocks of the Department of Defense;
for each item identified under paragraph (1), the type, quantity, and serial number, broken down by armed force and component; and
such other information the Secretary determines appropriate.
.
Clerical amendment
The table of sections at the beginning of chapter 161 of such title is amended by striking the item relating to section 2722 and inserting the following new item:
2722. Theft or loss of ammunition, destructive devices, and explosives: reporting requirements.
.
Annual report on material readiness of Navy ships
Section 8674(d) of title 10, United States Code is amended—
in paragraph (1)—
by striking submit to the
and inserting provide to the
;
by inserting a briefing and submit to such committees
after congressional defense committees
; and
by striking setting forth
and inserting regarding
;
in paragraph (2)—
by striking in an unclassified form that is releasable to the public without further redaction.
and inserting in—
; and
by adding at the end the following new subparagraphs:
a classified form that shall be available only to the congressional defense committees; and
an unclassified form that is releasable to the public without further redaction
; and
by striking paragraph (3).
Strategy and annual report on critical language proficiency of special operations forces
Five-year strategy
Strategy required
Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall submit to the congressional defense committees a five-year strategy to support the efforts of the Secretaries concerned to identify individuals who have proficiency in a critical language and to recruit and retain such individuals in the special operations forces of Armed Forces.
Elements
The strategy under paragraph (1) shall include the following:
A baseline of foreign language proficiency requirements to be implemented within the special operations forces, disaggregated by Armed Force and by critical language.
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.
A description of current and planned efforts of the Secretaries concerned and the Assistant Secretary to meet such annual recruitment targets.
A description of any training programs used to enhance or maintain foreign language proficiency within the special operations forces, including any non-governmental programs used.
An annual plan (for each of the five years covered by the strategy) to enhance and maintain foreign language proficiency within the special operations forces of each Armed Force.
An annual plan (for each of the five years covered by the strategy) to retain members of the special operation forces of each Armed Force who have proficiency in a foreign language.
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.
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.
Annual report
Reports required
Not later than December 31, 2022, and annually thereafter until December 31, 2027, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall submit to the congressional defense committees a report on the recruitment, training, and retention of members of the special operations forces who have proficiency in a critical language.
Elements
Each report under paragraph (1) shall include, with respect to the year for which the report is submitted, the following information:
The number of candidates with demonstrated proficiency in a critical language who have been selected for participation in the initial assessment and qualification programs of the special operations forces, disaggregated by Armed Force of which the special operations force is a component.
A description of any variance between the number specified in subparagraph (A) and the recruitment target specified in the strategy under subsection (a)(2)(B) for the corresponding year, including a justification for any such variance.
As compared to the total number of members of the special operations forces—
the percentage of such members who have maintained proficiency in a critical language, disaggregated by Armed Force;
the percentage of such members who are enrolled in a critical language training program, disaggregated by Armed Force and by critical language; and
the average proficiency rating received by such members with respect to each critical language, disaggregated by Armed Force.
As compared to the total number of members of the special operations force of each Armed Force who are assigned to a unit with the primary mission of advising foreign militaries—
the percentage of such members who maintain proficiency in a foreign language relevant to such mission; and
the percentage of such members who are enrolled in a foreign language training program relevant to such mission.
As compared to the required baseline specified in the strategy under subsection (a)(2)(A), the percentage of members of the special operations force who have proficiency in a critical language, disaggregated by Armed Force and by critical language.
A description of any gaps in foreign language training identified by the Assistant Secretary with respect to the special operations forces.
Definitions
In this section:
The term critical language
means a language identified by the Director of the National Security Education Program as critical to national security.
The term proficiency
means proficiency in a language, as assessed by the Defense Language Proficiency Test.
The term Secretary concerned
has the meaning given such term in section 101 of title 10, United States Code.
The term special operations forces
means forces described under section 167(j) of title 10, United States Code.
Report and briefing on approach for certain properties affected by noise from military flight operations
Briefing
Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the use and applicability of the Air Installations Compatible Use Zones program to support noise mitigation and insulation efforts for fixed wing aircraft, including any such efforts funded under grants from the Office of Local Defense Community Cooperation.
Matters
The briefing under subsection (a) shall include a discussion of the following:
Changes to current practices regarding Air Installations Compatible Use Zones that are necessary to support noise mitigation and insulation efforts relating to existing covered facilities.
The number of fixed wing aircraft facilities covered by existing Air Installations Compatible Use Zones studies.
The proportion of existing Air Installations Compatible Use Zones studies that accurately reflect current and reasonably foreseeable fixed wing aviation activity.
Expected timelines for each military department to develop and update all Air Installations Compatible Use Zones studies to reflect current and reasonably foreseeable fixed wing activity.
An approximate number of covered facilities anticipated to be within the 65 dB day–night average sound level for installations with existing Air Installations Compatible Use Zones studies, including such facilities specifically located in crash zones or accident potential zones.
An assessment of the viability of making eligibility to receive funding for noise mitigation and insulation efforts contingent on the completion of certain measures to ensure compatibility of civilian land use activity with Air Installations Compatible Use Zones conclusions.
Any barriers to the timely review and generation of Air Installations Compatible Use Zones studies, including with respect to staffing and gaps in authorities.
The estimated cost to develop and update required Air Installations Compatible Use Zones practices and studies.
Future opportunities to consult with local communities affected by noise from military flight operations.
Report
Not later than one year after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the final outcome of the update process with respect to Air Installations Compatible Use Zones program. Such report shall include further details and analysis with respect to each matter specified in subsection (b).
Definitions
In this section:
The term Air Installations Compatible Use Zones program
has the meaning given such term in Department of Defense Instruction 4165.57.
The term covered facility
means any—
private residence;
hospital;
daycare facility;
school; or
facility the primary purpose of which is to serve senior citizens.
Study on use of military resources to transport certain individuals and effect on military readiness
Study
The Secretary of Defense shall—
conduct a study examining the effect on military readiness of using Department of Defense resources to transport covered individuals; and
submit to Congress a report containing the findings of such study.
Covered individual defined
In this section, the term covered individual
means an individual who has crossed the southern border of the United States without authorization.
Report and briefing on Project Pele mobile nuclear microreactors
Briefing
Not later than 180 days after the date of enactment of this Act, the Director of the Strategic Capabilities Office of the Department of Defense, in coordination with the Secretary of Energy, shall provide to the congressional defense committees a briefing on the development, and current and predicted progress, of the Project Pele
effort to design, build, and demonstrate a prototype mobile nuclear microreactor.
Matters
The briefing under section (a) shall include a discussion of the following:
Changes to previous deployment rationales or strategies.
Proposed deployment locations for mobile nuclear microreactors, both domestically and abroad.
The safety and regulatory requirements of the proposed mobile nuclear microreactors, both domestically and abroad.
The need for mobile nuclear microreactors to meet the energy needs of expeditionary and defensive requirements of the Department of Defense, including with respect to electric combat vehicles, and the ability of mobile nuclear microreactors to adequately meet such needs.
The safety concerns and precautions relating to the transfer of mobile nuclear microreactors.
The safety concerns and precautions relating to the demonstration of the deployment of mobile nuclear microreactors, including by air, before and after the irradiation of nuclear fuel.
Opportunities to consult with local communities potentially affected by the deployment, or the demonstration of the deployment, of mobile nuclear microreactors.
Security concerns related to potential adversarial attacks on deployed mobile nuclear microreactors or adversarial seizing of mobile nuclear microreactors, and the radioactive fuel therein, for use in radiological weapons.
Report
Not later than one year after the date of enactment of this Act, the Director shall submit to the congressional defense committees a report on the current progress of the Project Pele
effort described in subsection (a) that addresses each of the matters under subsection (b).
Other Matters
Budget justification for operation and maintenance
Subactivity group by future years
Section 233 of title 10, United States Code, is amended—
by redesignating subsection (c) as subsection (e); and
by inserting after subsection (b) the following new subsection (c):
Subactivity groups
The Secretary of Defense, in consultation with the Secretary of each of the military departments, shall include in the materials submitted to Congress by the Secretary of Defense in support of the President’s budget, in an unclassified format, the total amount projected for each individual subactivity group, as detailed in the future years defense program pursuant to section 221 of this title.
.
Budget submission display
Section 233 of title 10, United States Code, is further amended by inserting after subsection (c), as added by subsection (a), the following new subsection:
Budget display
The Secretary of Defense, in consultation with the Secretary of each of the military departments, shall include in the O&M justification documents a budget display to provide for discussion and evaluation of the resources required to meet material readiness objectives, as identified in the metrics required by section 118 of this title, together with any associated risks to the supply chain. For each major weapon system, by designated mission design series, variant, or class, the budget display required under this subsection for the budget year shall include each of the following:
The material availability objective established in accordance with the requirements of section 118 of this title.
The funds obligated by subactivity group within the operation and maintenance accounts for the second fiscal year preceding the budget year for the purpose of achieving the material readiness objectives identified in accordance with section 118 of this title.
The funds estimated to be obligated by subactivity group within the operation and maintenance accounts for the fiscal year preceding the budget year for the purpose of achieving the material readiness objectives identified in accordance with section 118 of this title.
The funds budgeted and programmed across the future years defense program within the operation and maintenance accounts by subactivity group for the purpose of achieving the material readiness objectives identified in accordance with section 118 of this title.
A narrative discussing the performance of the Department against established material readiness objectives for each major weapon system by mission design series, variant, or class.
.
Implementation deadline
The Secretary of Defense shall ensure that the budget display requirements required under the amendments made by this section are included in the budget request for fiscal year 2023 and all fiscal years thereafter.
Conforming Repeal
Section 357 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 221 note) is repealed.
Improvements and clarifications related to military working dogs
Prohibition on charge for transfer of military animals
Subsection (d) of section 2583 of title 10, United States Code, is amended by striking may
and inserting shall
.
Inclusion of military working dogs in certain research and plans
Research under Joint Trauma Education and Training Directorate
Subsection (b) of section 708 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 note) is amended—
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
by striking paragraph (9) and inserting the following new paragraph:
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.
.
Veterinarians in personnel management plan
Subsection (d)(1) of such section is amended—
by redesignating subparagraph (F) as subparagraph (G); and
by inserting after subparagraph (E) the following new subparagraph:
Veterinary services.
.
Management of fatigue among crew of naval surface ships and related improvements
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).
Report
Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees and the Comptroller General a report on the status of actions taken by the Secretary to monitor crew fatigue and ensure equitable fatigue management throughout the naval surface ship fleet in accordance with subparagraph (a). Such report shall include the following:
An assessment of the extent of crew fatigue throughout the naval surface ship fleet.
A description of the metrics used to assess the extent of fatigue pursuant to paragraph (1).
An identification of results-oriented goals for effective fatigue management.
An identification of timeframes for achieving the goals identified pursuant to paragraph (3).
Comptroller General assessment
Not later than 90 days after the date on which the Comptroller General receives the report under subsection (b), the Comptroller General shall brief the congressional defense committees on the extent to which the actions and goals described in the report meet the requirements of subsection (a).
Authority to establish Center of Excellence for radar systems and complementary workforce and education programs
Authority
The Secretary of Defense may establish a Center of Excellence for radar systems and complementary workforce and education programs.
Functions
If the Secretary establishes the Center authorized under subsection (a), such Center shall be designed to further the expertise of the Department of Defense in the repair, sustainment, and support of radar systems, as identified by the Joint Radar Industrial Base Working Group and the Radar Supplier Resiliency Plan, by conducting the following activities, as appropriate:
Facilitating collaboration among academia, the Department, and the commercial radar industry, including radar system repair and sustainment facilities.
Establishing goals for research in areas of study relevant to advancing technology and facilitating better understanding of the necessity of radar systems in the growing development and reliance on automated and complex defense systems, including continuing education and training.
Establishing at any institution of higher education with which the Secretary enters into an agreement under subsection (c) such activities as are necessary to develop and meet the requirements of the Department.
Increasing communications with radar systems subject-matter experts in industry to learn and support state-of-the-art operational practices, especially studied future needs of the Department related to autonomous systems.
Eligible participants
If the Secretary establishes the Center authorized under subsection (a)—
the Secretary may enter into an agreement with one or more institutions of higher education to provide for joint operation of the Center; and
the Center may partner with nonprofit institutions and private industry with expertise in radar systems to further the mission of the Center.
Location
If the Secretary establishes the Center authorized under subsection (a), in determining the location of the Center, the Secretary shall take into account the proximity to existing radar system facilities capable of efficiently facilitating partnership between the Department, industry, and an academic institution.
Coordination
Nothing in this section shall preclude the coordination or collaboration between any Center established under this section and any other established center of excellence.
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).
Pilot program on military working dog and explosives detection canine health and excellence
Pilot program
Not later than September 31, 2022, the Secretary of Defense shall carry out a pilot program to ensure the health and excellence of explosives detection military working dogs. Under such pilot program, the Secretary shall consult with domestic breeders of working dog lines, covered institutions of higher education, and covered national domestic canine associations, to—
facilitate the presentation of domestically-bred explosives detection military working dogs for assessment for procurement by the Department of Defense, at a rate of at least 100 canines presented per fiscal year;
facilitate the delivery and communication to domestic breeders, covered institutions of higher education, and covered national domestic canine associations, of information regarding—
any specific needs or requirements for the future acquisition by the Department of explosives detection military working dogs; and
any factors identified as relevant to the success or failure of explosives detection military working dogs presented for assessment pursuant to this section;
collect information on the biological and health factors of explosives detection military working dogs procured by the Department, and make such information available for academic research and to domestic breeders; and
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.
Consultations
In carrying out the pilot program under subsection (a), the Secretary may consult with the working group established pursuant to section 1927 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 6 U.S.C. 1116 note).
Termination
The authority to carry out the pilot program under subsection (a) shall terminate on October 1, 2024.
Definitions
In this section:
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.
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.
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.
Authorization of appropriations
There is authorized to be appropriated $10,000,000 to carry out this section.
Department of Defense response to military lazing incidents
Investigation into lazing of military aircraft
Investigation required
The Secretary of Defense shall conduct a formal investigation into incidents of military aircraft being lazed by the general population in Hawaii. The Secretary shall carry out such investigation in coordination and collaboration with appropriate non-Department of Defense entities.
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).
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.
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.
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.
Eye protection
The Secretary shall examine the availability of commercial off-the-shelf laser eye protection equipment that protects against the most commonly available green light lasers that are available to the public. If the Secretary determines that no such laser eye protection equipment is available, the Secretary shall conduct research and develop such equipment.
Explosive ordnance disposal defense program
Section 2284(b) of title 10, United States Code, is amended—
in paragraph (1)—
in subparagraph (A), by striking and
after the semicolon;
in subparagraph (B), by striking the Department of Defense
and all that follows and inserting the Program;
;
by adding at the end the following new subparagraphs:
direct the executive agent to designate a joint program executive officer for the Program; and
assign the Director of the Defense Threat Reduction Agency to manage the Defense-wide program element funding for the Program.
.
by striking paragraph (4);
by redesignating paragraph (5) as paragraph (4);
in paragraph (4), as so redesignated, by striking the period at the end and inserting a semicolon; and
by adding at the end the following new paragraphs:
the Secretary of the Navy shall designate a Navy explosive ordnance disposal-qualified admiral officer to serve as the co-chair of the Program; and
the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall designate the Deputy Assistant Secretary of Defense for Special Operations and Combating Terrorism as the co-chair of the Program.
.
Pilot program on use of working dogs to detect early stages of diseases
Pilot program
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall commence a pilot program to determine the effectiveness of using scent detection working dogs to detect the early stages of diseases (including the coronavirus disease 2019 (COVID–19)) and upon detection, to alert the handler of the dog. In carrying out such program, the Secretary shall consider—
potential uses for such dogs in screening individuals seeking to access facilities under the jurisdiction of the Department of Defense or seeking to access locations frequently used by the public and relevant to public safety; and
any other potential uses for such dogs relating to the detection of early stages of diseases, including uses relating to the management and provision of personal protective equipment and medical testing kits to Department of Defense personnel.
Regulations
The Secretary shall prescribe regulations concerning the scope and limitations of the pilot program under subsection (a). Such regulations shall include requirements to ensure that the pilot program is scientifically rigorous.
Duration
The Secretary shall carry out the pilot program under subsection (a) for a period of not more than four years.
Report
Not later than 180 days after the date on which the pilot program under subsection (a) terminates, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the outcomes of such pilot program.
Study on disease prevention for military working dogs
Not later than 180 days after the date of the enactment of this Act, the head of the Army Veterinary Services shall submit to Congress a report containing the findings of an updated study on the potential introduction of foreign animal diseases and current prevention protocol and strategies to protect the health of military working dogs.
MILITARY PERSONNEL AUTHORIZATIONS
Active Forces
End strengths for active forces
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2022, as follows:
The Army, 485,000.
The Navy, 346,200.
The Marine Corps, 178,500.
The Air Force, 328,300.
The Space Force, 8,400.
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:
For the Army, 485,000.
For the Navy, 346,200.
For the Marine Corps, 178,500.
For the Air Force, 328,300.
For the Space Force, 8,400.
.
Reserve Forces
End strengths for Selected Reserve
In general
The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2022, as follows:
The Army National Guard of the United States, 336,000.
The Army Reserve, 189,500.
The Navy Reserve, 58,600.
The Marine Corps Reserve, 36,800.
The Air National Guard of the United States, 108,300.
The Air Force Reserve, 70,300.
The Coast Guard Reserve, 7,000.
End strength reductions
The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
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
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.
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.
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:
The Army National Guard of the United States, 30,845.
The Army Reserve, 16,511.
The Navy Reserve, 10,293.
The Marine Corps Reserve, 2,386.
The Air National Guard of the United States, 26,661.
The Air Force Reserve, 6,003.