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H.R. 4350: National Defense Authorization Act for Fiscal Year 2022


The text of the bill below is as of Sep 10, 2021 (Reported by House Committee).


IB

Union Calendar No. 83

117th CONGRESS

1st Session

H. R. 4350

[Report No. 117–118]

IN THE HOUSE OF REPRESENTATIVES

July 2, 2021

(for himself and Mr. Rogers of Alabama) (both by request) introduced the following bill; which was referred to the Committee on Armed Services

September 10, 2021

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on July 2, 2021


A BILL

To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes.


1.

Short title

This Act may be cited as the National Defense Authorization Act for Fiscal Year 2022.

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into four divisions as follows:

(1)

Division A—Department of Defense Authorizations.

(2)

Division B—Military Construction Authorizations.

(3)

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

(4)

Division D—Funding Tables.

(5)

Division E—Non-Department of Defense Matters.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees.

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.

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.

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.

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.

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.

Title III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

Sec. 311. Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents.

Sec. 312. 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.

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.

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.

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.

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.

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.

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. Continued National Guard support for FireGuard program.

Sec. 506. Study on reapportionment of National Guard force structure based on domestic responses.

Sec. 507. Report on feasibility and advisability of including cybersecurity operations and missions to protect critical infrastructure by members of the National Guard in connection with training or other duty.

Sec. 508. Access to Tour of Duty system.

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.

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.

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.

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.

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

Sec. 553. Expansion and codification of matters covered by diversity training in the Department of Defense.

Sec. 554. Expansion of Junior Reserve Officers’ Training Corps program.

Sec. 555. Defense Language Institute Foreign Language Center.

Sec. 556. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a member of Congress.

Sec. 557. Votes required to call a meeting of the Board of Visitors of a military service academy.

Sec. 558. United States Naval Community College.

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

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

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

Sec. 559C. Requirement to issue regulations ensuring certain parental guardianship rights of cadets and midshipmen.

Sec. 559D. Defense language continuing education program.

Sec. 559E. Public-private consortium to improve professional military education.

Sec. 559F. Standards for training of surface warfare officers and enlisted members.

Sec. 559G. Professional military education: report; definition.

Sec. 559H. Study on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors.

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. Database of next of kin of deceased members of the Armed Forces.

Sec. 567. Policy regarding remote military installations.

Sec. 568. Feasibility study on program for drop-in child care furnished to certain military spouses at military child development centers.

Sec. 569. Comptroller General of the United States reports on employment discrimination against military spouses by civilian employers.

Sec. 569A. Report on efforts of commanders of military installations to connect military families with local entities that provide services to military families.

Sec. 569B. Report on Preservation of the Force and Family Program of United States Special Operations Command.

Sec. 569C. GAO review of Preservation of the Force and Family Program of United States Special Operations Command.

Sec. 569D. Continued assistance to schools with significant numbers of military dependent students.

Sec. 569E. Verification of reporting of eligible federally connected children for purposes of Federal impact aid programs.

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.

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.

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.

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. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care.

Sec. 625. Continuation of paid parental leave for a member of the Armed Forces upon death of child.

Sec. 626. Casualty assistance program: reform; establishment of working group.

Subtitle D—Defense Resale Matters

Sec. 631. Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores.

Subtitle E—Miscellaneous Rights and Benefits

Sec. 641. Electronic or online notarization for members of the Armed Forces.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Title XI—Civilian Personnel Matters

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.

Title XII—Matters Relating to Foreign Nations

Subtitle A—Assistance and Training

Sec. 1201. Extension of support of special operations for irregular warfare.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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. Prompt completion of military installation resilience component of master plans for at-risk major military installations.

Sec. 2833. 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.

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.

Subtitle I—Miscellaneous Studies and Reports

Sec. 2881. Identification of organic industrial base gaps and vulnerabilities related to climate change and defensive cybersecurity capabilities.

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 XXXI—Department of Energy National Security Programs

Subtitle A—National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

Subtitle B—Program Authorizations, Restrictions, 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.

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.

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.

Title LIII—Great Lakes Winter Shipping

Sec. 5301. Great Lakes winter shipping.

Title LX—Other Matters

Sec. 6001. FAA rating of civilian pilots of the Department of Defense.

Sec. 6002. Property disposition for affordable housing.

Sec. 6003. Requirement to establish a national network for microelectronics research and development.

Sec. 6004. Definition of State for purposes of Omnibus Crime Control and Safe Streets Act of 1968.

Sec. 6005. Advancing Mutual Interests and Growing Our Success.

Sec. 6006. Department of Veterans Affairs Governors Challenge grant program.

Sec. 6007. Foreign Corruption Accountability.

Sec. 6008. Justice for Victims of Kleptocracy.

Sec. 6009. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria.

Sec. 6010. Extension of period of eligibility by reason of school closures due to emergency and other situations under Department of Veterans Affairs training and rehabilitation program for veterans with service-connected disabilities.

Sec. 6011. Extension of time limitation for use of entitlement under Department of Veterans Affairs educational assistance programs by reason of school closures due to emergency and other situations.

Sec. 6012. Exemption of certain Homeland Security fees for certain immediate relatives of an individual who received the Purple Heart.

3.

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.

A

DEPARTMENT OF DEFENSE AUTHORIZATIONS

I

PROCUREMENT

A

Authorization of Appropriations

101.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2022 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101.

B

Army Programs

111.

Multiyear procurement authority for AH–64E Apache helicopters

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of AH–64E Apache helicopters.

(b)

Condition for out-year contract payments

A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year.

112.

Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of UH–60M and HH–60M Black Hawk helicopters.

(b)

Condition for out-year contract payments

A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year.

113.

Continuation of Soldier Enhancement Program

(a)

Requirement to continue program

The Secretary of the Army, acting through the Assistant Secretary of the Army for Acquisition, Logistics, and Technology in accordance with subsection (b), shall continue to carry out the Soldier Enhancement Program established pursuant to section 203 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103 Sat. 1394).

(b)

Responsible official

The Secretary of the Army shall designate the Assistant Secretary of the Army for Acquisition, Logistics, and Technology as the official in the Department of the Army with principal responsibility for the management of the Soldier Enhancement Program under subsection (a).

(c)

Duties

The duties of the Soldier Enhancement Program shall include the identification, research, development, test, and evaluation of commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code) and software applications to accelerate the efforts of the Army to integrate, modernize, and enhance weapons and equipment for use by Army soldiers, including—

(1)

lighter, more lethal weapons; and

(2)

support equipment, including lighter, more comfortable load-bearing equipment, field gear, combat clothing, survivability items, communications equipment, navigational aids, night vision devices, tactical power, sensors, and lasers.

114.

Strategy for the procurement of accessories for the next generation squad weapon

(a)

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.

(b)

Market survey and qualification activities

(1)

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.

(2)

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.

(c)

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—

(1)

the strategy developed and implemented by the Secretary under subsection (a); and

(2)

the results of the market survey and qualification activities under subsection (b).

C

Navy Programs

121.

Extension of procurement authority for certain amphibious shipbuilding programs

Section 124(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking fiscal year 2021 and inserting fiscal years 2021 and 2022.

122.

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—

(1)

in subsection (a)—

(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;

(B)

in paragraph (1)—

(i)

by striking submit and inserting submits; and

(ii)

by striking and at the end;

(C)

in paragraph (2)—

(i)

by striking certify and inserting certifies; and

(ii)

by striking the period at the end and inserting ; and; and

(D)

by adding at the end the following new paragraph:

(3)

certifies to the congressional defense committees that the basic and functional design of the vessel is complete.

; and

(2)

in subsection (d), by adding at the end the following new paragraph:

(5)

Basic and functional design

The term basic and functional design, when used with respect to a vessel, means design through computer-aided models, that—

(A)

fixes the hull structure of the vessel;

(B)

sets the hydrodynamics of the vessel;

(C)

routes all major distributive systems of the vessel, including electricity, water, and other utilities; and

(D)

identifies the exact positioning of piping and other outfitting within each block of the vessel.

.

123.

Multiyear procurement authority for Arleigh Burke class destroyers

(a)

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.

(b)

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.

(c)

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.

(d)

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).

124.

Incorporation of advanced degaussing systems into DDG–51 class destroyers

(a)

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.

(b)

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.

D

Air Force Programs

131.

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—

(1)

in paragraph (1), by striking , unless otherwise approved in accordance with established procedures; and

(2)

in paragraph (2), by inserting such before logistics support contract.

132.

Limitation on availability of funds for the B–52 Commercial Engine Replacement Program

(a)

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).

(b)

Additional requirements

(1)

Treatment of baseline estimate

The Secretary of Defense shall deem the Baseline Estimate for the B–52 Commercial Engine Replacement Program for fiscal year 2018 as the original Baseline Estimate for the Program.

(2)

Unit cost reports and critical cost growth

(A)

Subject to subparagraph (B), the Secretary shall carry out sections 2433 and 2433a of title 10, United States Code, with respect to the B–52 Commercial Engine Replacement Program, as if the Department had submitted a Selected Acquisition Report for the Program that included the Baseline Estimate for the Program for fiscal year 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.

(B)

In carrying out the review required by section 2433a of such title, the Secretary shall not enter into a transaction under section 2371 or 2371b of such title, exercise an option under such a transaction, or otherwise extend such a transaction with respect to the B–52 Commercial Engine Replacement Program except to the extent determined necessary by the milestone decision authority, on a non-delegable basis, to ensure that the program can be restructured as intended by the Secretary without unnecessarily wasting resources.

(c)

Definitions

In this section:

(1)

The term Baseline Estimate has the meaning given the term in section 2433(a)(2) of title 10, United States Code.

(2)

The term milestone decision authority has the meaning given the term in section 2366b(g)(3) of title 10, United States Code.

(3)

The term original Baseline Estimate has the meaning given the term in section 2435(d)(1) of title 10, United States Code.

(4)

The term Selected Acquisition Report means a Selected Acquisition Report submitted to Congress under section 2432 of title 10, United States Code.

133.

Inventory requirements and limitations relating to certain air refueling tanker aircraft

(a)

Minimum inventory requirements for KC–10A aircraft

(1)

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.

(2)

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.

(3)

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.

(b)

Limitation on retirement of KC–135 Aircraft

(1)

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.

(2)

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.

(c)

Prohibition on reduction of KC–135 aircraft in PMAI of the reserve components

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force may be obligated or expended to reduce the number of KC–135 aircraft designated as primary mission aircraft inventory within the reserve components of the Air Force.

(d)

Primary mission aircraft inventory defined

In this section, the term primary mission aircraft inventory has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code.

134.

Minimum inventory of tactical airlift aircraft and limitation on modification of Air National Guard tactical airlift flying missions

(a)

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.

(b)

Exception

The Secretary of the Air Force may reduce the number of tactical airlift aircraft in the Air Force below the minimum number specified in subsection (a) if the Secretary determines, on a case-by-case basis, that an aircraft is no longer mission capable because of a mishap or other damage.

(c)

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—

(1)

the Secretary and the Governor of the State concerned agree, in writing, to such modification; and

(2)

the Secretary submits to the congressional defense committees a copy of such agreement together with an explanation of the reasons for such modification.

135.

Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device

(a)

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.

(b)

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.

(c)

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).

E

Defense-wide, Joint, and Multiservice Matters

141.

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

(a)

F–35A quantity limit for the Air Force

(1)

Limitation

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

(A)

1,763; or

(B)

the number obtained by—

(i)

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

(ii)

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

(2)

Cost-per-tail factor

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

(A)

4,100,000, divided by

(B)

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

(b)

F–35B quantity limit for the Marine Corps

(1)

Limitation

Beginning on October 1, 2028, the total number of F–35B aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of—

(A)

353; or

(B)

the number obtained by—

(i)

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

(ii)

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

(2)

Cost-per-tail factor

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

(A)

6,800,000, divided by

(B)

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

(c)

F–35C quantity limit for the Navy

(1)

Limitation

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

(A)

273; or

(B)

the number obtained by—

(i)

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

(ii)

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

(2)

Cost-per-tail factor

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

(A)

7,500,000, divided by

(B)

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

(d)

F–35C Quantity limit for the Marine Corps

(1)

Limitation

Beginning on October 1, 2028, the total number of F–35C aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of—

(A)

67; or

(B)

the number obtained by—

(i)

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

(ii)

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

(2)

Cost-per-tail factor

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

(A)

6,800,000, divided by

(B)

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

(e)

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

(1)

In general

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

(A)

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

(B)

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

(i)

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

(ii)

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

(iii)

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

(2)

Calculation

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

(A)

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

(i)

unit level manpower;

(ii)

unit operations;

(iii)

maintenance;

(iv)

sustaining support;

(v)

continuing system support; and

(vi)

modifications; and

(B)

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

(f)

Waiver authority

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

(g)

Aircraft defined

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

142.

Limitation on availability of funds for aircraft systems for the armed overwatch program

(a)

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.

(b)

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).

(c)

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.

143.

Major weapon systems capability assessment process and procedure review and report

(a)

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—

(1)

ensuring the suitability of major weapon systems to address current and emerging military threats; and

(2)

identifying for upgrade or replacement any fielded major weapon system that is not capable of effectively meeting operational requirements.

(b)

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:

(1)

A comprehensive description of the current policies and processes of the Department of Defense for—

(A)

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;

(B)

assessing tradeoffs, including in terms of resources, funding, time, capabilities, and programmatic and operational risk, between developing a new major weapon system compared to—

(i)

continued use of a fielded major weapon system; and

(ii)

replacing a fielded major weapon system;

(C)

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

(D)

developing and implementing plans for the replacement and divestment of fielded major weapon systems that manage the related strategic risk.

(2)

The key factors considered by the Secretary of Defense when applying the policies and processes described in paragraph (1).

(3)

An assessment of the extent to which the policies and processes described in paragraph (1) enable the Secretary of Defense to—

(A)

evaluate, at regular intervals, whether a major weapon system—

(i)

meets operational requirements; and

(ii)

is capable of addressing emerging and evolving threats identified in the National Defense Strategy;

(B)

efficiently and effectively determine if a fielded major weapon system should continue to be used or replaced and divested and—

(i)

with respect to a fielded major weapon system that should continue to be used, how long such use should continue; and

(ii)

with respect to a fielded major weapon system that should be replaced and divested—

(I)

how long such replacement will take;

(II)

the period over which such divestment should occur; and

(III)

the expected improvements in the effectiveness of the replacement major weapon system to meet operational requirements;

(C)

effectively implement the determinations described in subparagraph (B); and

(D)

manage strategic risk relative to the effectiveness of major weapon systems meeting operational requirements.

(4)

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.

(5)

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.

(6)

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.

(7)

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—

(A)

the rationale supporting such replacement or divestment plans;

(B)

any anticipated challenges to carrying out the replacement or divestments; and

(C)

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.

(8)

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—

(A)

began after December 31, 2009; or

(B)

as of the date on which the report is submitted under this subsection, plans to begin not later than December 31, 2035.

(9)

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.

(c)

Comptroller general briefing and report

(1)

Assessments

The Comptroller General of the United States shall conduct a preliminary assessment and a detailed assessment of the report required under subsection (b).

(2)

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).

(3)

Report

The Comptroller General shall submit to the congressional defense committees a report on the findings of the detailed assessment required under paragraph (1).

(d)

Definitions

In this section:

(1)

The term National Defense Strategy means the strategy required under section 113(g) of title 10, United States Code.

(2)

The term major weapon system has the meaning given such term under section 2379(f) of title 10, United States Code.

(3)

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.

144.

Reports on exercise of waiver authority with respect to certain aircraft ejection seats

Not later than February 1, 2022, and on a semiannual basis thereafter through February 1, 2024, the Secretary of the Air Force and the Secretary of the Navy shall each submit to the congressional defense committees a report that includes, with respect to each location at which active flying operations are conducted or planned as of the date report—

(1)

the number of aircrew ejection seats installed in the aircraft used, or expected to be used, at such location;

(2)

of the ejection seats identified under paragraph (1), the number that have been, or are expected to be, placed in service subject to a waiver due to—

(A)

deferred maintenance; or

(B)

the inability to obtain parts to make repairs or to fulfill time-compliance technical orders; and

(3)

for each ejection seat subject to a waiver as described in paragraph (2)—

(A)

the date on which the waiver was issued; and

(B)

the name and title of the official who authorized the waiver.

II

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

A

Authorization of Appropriations

201.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.

B

Program Requirements, Restrictions, and Limitations

211.

Duties and regional activities of the Defense Innovation Unit

(a)

Duties of DIU joint reserve detachment

Clause (ii) of section 2358b(c)(2)(B) of title 10, United States Code, is amended to read as follows:

(ii)

the technology requirements of the Department of Defense, as identified in the most recent—

(I)

National Defense Strategy;

(II)

National Defense Science and Technology Strategy as directed under section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679); and

(III)

policy and guidance from the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment; and

.

(b)

Regional activities

Subject to the availability of appropriations for such purpose, the Secretary of Defense may expand the efforts of the Defense Innovation Unit to engage and collaborate with private-sector industry and communities in various regions of the United States—

(1)

to accelerate the adoption of commercially developed advanced technology in the areas of manufacturing, space, energy, materials, autonomy, and such other key technology areas as may be identified by the Secretary; and

(2)

to expand outreach to communities that do not otherwise have a Defense Innovation Unit presence, including economically disadvantaged communities.

212.

Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions

Section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended—

(1)

by amending subsection (c) to read as follows:

(c)

Consultation with other organizations

For the purposes of providing technical expertise and reducing costs and duplicative efforts, the Secretary of Defense and the Secretaries of the military departments shall work to ensure and support the sharing of information on the research and consulting that is being carried out across the Federal Government in Department-wide shared information systems including the Defense Technical Information Center.

;

(2)

in subsection (e)—

(A)

by redesignating paragraph (31) as paragraph (33); and

(B)

by inserting after paragraph (30) the following new paragraphs:

(31)

Nuclear science, security, and nonproliferation.

(32)

Chemical, biological, radiological, and nuclear defense.

; and

(3)

in subsection (g), by striking 2026 and inserting 2028.

213.

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—

(1)

by redesignating paragraph (33) as paragraph (34); and

(2)

by inserting after paragraph (32) the following new paragraph:

(33)

Spectrum activities.

.

214.

Minority Institute for Defense Research

(a)

Plan to establish Minority Institute for Defense Research

(1)

In general

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

(2)

Elements

The Plan shall include the following:

(A)

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

(B)

An assessment relating to the engineering, research, and development capability of each minority institution.

(C)

Information relating to the advancements and investments necessary to elevate a minority institution or a consortium of minority institutions to the research capacity of a University Affiliated Research Center.

(D)

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

(3)

Publicly available

The Plan shall be posted on a publicly available website of the Department.

(b)

Naming of the Consortium

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

(1)

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

(A)

minority institutions;

(B)

nonprofit institutions that advocate on behalf of minority institutions; and

(C)

members of the public;

(2)

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

(3)

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

(4)

choose a name from such list to name the Consortium.

(c)

Grant program for minority institutions

(1)

In general

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

(2)

Purposes

The purposes described in this paragraph are the following:

(A)

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

(B)

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

(C)

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

(D)

Recruiting and retaining research faculty.

(E)

Advancing research capabilities relating to the national security of the United States.

(F)

Any other matter determined appropriate by the Secretary.

(3)

Application

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

(4)

Preference

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

(d)

Subcontracting requirements for minority institutions

(1)

In general

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

(m)
(1)

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

(2)

For the purposes of this subsection, a minority institution means—

(A)

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

(B)

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

.

(2)

Effective date

The amendments made by paragraph (1) shall—

(A)

take effect on October 1, 2026; and

(B)

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

(e)

Definitions

In this section:

(1)

The term Department means the Department of Defense.

(2)

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

(3)

The term minority institution means—

(A)

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

(B)

any 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.

(4)

The term Secretary means the Secretary of Defense.

(5)

The term University Affiliated Research Center means a research organization within an institution of higher education that—

(A)

provides or maintains Department essential engineering, research, or development capabilities; and

(B)

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

215.

Test program for engineering plant of DDG(X) destroyer vessels

(a)

Test program required

During the detailed design period and prior to the construction start date of the lead ship in the DDG(X) destroyer class of vessels, the Secretary of the Navy shall commence a land-based test program for the engineering plant of such class of vessels.

(b)

Administration

The test program required by subsection (a) shall be administered by the Senior Technical Authority for the DDG(X) destroyer class of vessels.

(c)

Elements

The test program required by subsection (a) shall include, at a minimum, testing of the following equipment in vessel-representative form:

(1)

Main reduction gear.

(2)

Electrical propulsion motors.

(3)

Other propulsion drive train components.

(4)

Main propulsion system.

(5)

Auxiliary propulsion unit.

(6)

Electrical generation and distribution systems.

(7)

Shipboard control systems.

(8)

Power control modules.

(d)

Test objectives

The test program required by subsection (a) shall include, at a minimum, the following test objectives demonstrated across the full range of engineering plant operations for the DDG(X) destroyer class of vessels:

(1)

Test of the full propulsion drive train.

(2)

Test and facilitation of machinery control systems integration.

(3)

Simulation of the full range of electrical demands to enable the investigation of load dynamics between the hull, mechanical and electrical equipment, the combat system, and auxiliary equipment.

(e)

Completion date

The Secretary of the Navy shall complete the test program required by subsection (a) by not later than the delivery date of the lead ship in the DDG(X) destroyer class of vessels.

(f)

Definitions

In this section:

(1)

Delivery date

The term delivery date has the meaning given that term in section 8671 of title 10, United States Code.

(2)

Senior Technical Authority

The term Senior Technical Authority means the official designated as the Senior Technical Authority for the DDG(X) destroyer class of vessels pursuant to section 8669b of title 10, United States Code.

216.

Consortium to study irregular warfare

(a)

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.

(b)

Purposes

The purposes of the consortium under subsection (a) are as follows:

(1)

To shape the formulation and application of policy through the conduct of research and analysis regarding irregular warfare.

(2)

To maintain open-source databases on issues relevant to understanding terrorism, irregular threats, and social and environmental change.

(3)

To serve as a repository for datasets regarding research on security, social change, and irregular threats developed by institutions of higher education that receive Federal funding.

(4)

To support basic research in social science on emerging threats and stability dynamics relevant to irregular threat problem sets.

(5)

To transition promising basic research—

(A)

to higher stages of research and development, and

(B)

into operational capabilities, as appropriate, by supporting applied research and developing tools to counter irregular threats.

(6)

To facilitate the collaboration of research centers of excellence relating to irregular threats to better distribute expertise to specific issues and scenarios regarding such threats.

(7)

To enhance educational outreach and teaching at professional military education schools to improve—

(A)

the understanding of irregular threats; and

(B)

the integration of data-based responses to such threats.

(8)

To support classified research when necessary in appropriately controlled physical spaces.

(c)

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.

(d)

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.

(e)

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).

217.

Development and implementation of digital technologies for survivability and lethality testing

(a)

Expansion of survivability and lethality testing

(1)

In general

The Secretary, in coordination with covered officials, shall—

(A)

expand the survivability and lethality testing of covered systems to include testing against non-kinetic threats; and

(B)

develop digital technologies to test such systems against such threats throughout the life cycle of each such system.

(2)

Development of digital technologies for live fire testing

(A)

In general

The Secretary, in coordination with covered officials, shall develop—

(i)

digital technologies to enable the modeling and simulation of the live fire testing required under section 2366 of title 10, United States Code; and

(ii)

a process to use data from physical live fire testing to inform and refine the digital technologies described in clause (i).

(B)

Objectives

In carrying out subparagraph (A), the Secretary shall seek to achieve the following objectives:

(i)

Enable assessments of full spectrum survivability and lethality of each covered system with respect to kinetic and non-kinetic threats.

(ii)

Inform the development and refinement of digital technology to test and improve covered systems.

(iii)

Enable survivability and lethality assessments of the warfighting capabilities of a covered system with respect to—

(I)

communications;

(II)

firepower;

(III)

mobility;

(IV)

catastrophic survivability; and

(V)

lethality.

(C)

Demonstration activities

(i)

In general

The Secretary, acting through the Director, shall carry out activities to demonstrate the digital technologies for full spectrum survivability testing developed under subparagraph (A).

(ii)

Program selection

The Secretary shall assess and select not fewer than three and not more than ten programs of the Department to participate in the demonstration activities required under clause (i).

(iii)

Armed Forces programs

Of the programs selected pursuant to clause (ii), the Director shall select—

(I)

at least one such program from the Army;

(II)

at least one such program from the Navy or the Marine Corps; and

(III)

at least one such program from the Air Force or the Space Force.

(3)

Regular survivability and lethality testing throughout life cycle

(A)

In general

The Secretary, in coordination with covered officials, shall—

(i)

develop a process to regularly test through the use of digital technologies the survivability and lethality of each covered system against kinetic and non-kinetic threats throughout the life cycle of such system as threats evolve; and

(ii)

establish guidance for such testing.

(B)

Elements

In carrying out subparagraph (A), the Secretary shall determine the following:

(i)

When to deploy digital technologies to provide timely and up-to-date insights with respect to covered systems without unduly delaying fielding of capabilities.

(ii)

The situations in which it may be necessary to develop and use digital technologies to assess legacy fleet vulnerabilities.

(b)

Reports and briefing

(1)

Assessment and selection of programs

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report that identifies the programs selected to participate in the demonstration activities under subsection (a)(2)(C).

(2)

Modernization and digitization report

(A)

In general

Not later than March 15, 2023, the Director shall submit to the congressional defense committees a report that includes—

(i)

an assessment of the progress of the Secretary in carrying out subsection (a);

(ii)

an assessment of each of the demonstration activities carried out under subsection (a)(2)(C), including a comparison of—

(I)

the risks, benefits, and costs of using digital technologies for live fire testing and evaluation; and

(II)

the risks, benefits, and costs of traditional physical live fire testing approaches that—

(aa)

are not supported by digital technologies;

(bb)

do not include testing against non-kinetic threats; and

(cc)

do not include full spectrum survivability.

(iii)

an explanation of—

(I)

how real-world operational and digital survivability and lethality testing data will be used to inform and enhance digital technology;

(II)

the contribution of such data to the digital modernization efforts required under section 836 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283); and

(III)

the contribution of such data to the decision-support processes for managing and overseeing acquisition programs of the Department;

(iv)

an assessment of the ability of the Department to perform full spectrum survivability and lethality testing of each covered system with respect to kinetic and non-kinetic threats;

(v)

an assessment of the processes implemented by the Department to manage digital technologies developed pursuant to subsection (a); and

(vi)

an assessment of the processes implemented by the Department to develop digital technology that can perform full spectrum survivability and lethality testing with respect to kinetic and non-kinetic threats.

(B)

Briefing

Not later than April 14, 2023, the Director shall provide to the congressional defense committees a briefing that identifies any changes to existing law that may be necessary to implement subsection (a).

(c)

Definitions

In this section:

(1)

Covered officials

The term covered officials means—

(A)

the Under Secretary of Defense for Research and Engineering;

(B)

the Under Secretary of Defense for Acquisition and Sustainment;

(C)

the Chief Information Officer;

(D)

the Director;

(E)

the Director of Cost Assessment and Program Evaluation;

(F)

the Service Acquisition Executives;

(G)

the Service testing commands;

(H)

the Director of the Defense Digital Service; and

(I)

representatives from—

(i)

the Department of Defense Test Resource Management Center;

(ii)

the High Performance Computing Modernization Program Office; and

(iii)

the Joint Technical Coordination Group for Munitions Effectiveness.

(2)

Covered system

The term covered system means any warfighting capability that can degrade, disable, deceive, or destroy forces or missions.

(3)

Department

The term Department means the Department of Defense.

(4)

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.

(5)

Director

The term Director means the Director of Operational Test and Evaluation.

(6)

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.

(7)

Non-kinetic threats

The term non-kinetic threats means unconventional threats, including—

(A)

cyber attacks;

(B)

electromagnetic spectrum operations;

(C)

chemical, biological, radiological, nuclear effects and high yield explosives; and

(D)

directed energy weapons.

(8)

Secretary

The term Secretary means the Secretary of Defense.

218.

Pilot program on the use of intermediaries to connect the Department of Defense with technology producers

(a)

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—

(1)

match technology producers with programs, projects, and activities of the Department that may have a use for the technology developed by such producers; and

(2)

provide technical assistance to such technology producers on participating in the procurement programs and acquisition processes of the Department.

(b)

Activities

A qualified intermediary that enters into an agreement with the Secretary of Defense under subsection (a) shall, pursuant to such agreement—

(1)

guide and advise technology producers on participating in the procurement programs and acquisition processes of the Department, including—

(A)

planning, programing, budgeting, and execution processes of the Department.

(B)

requirements processes;

(C)

the Federal Acquisition Regulation and the Department of Defense Supplement to the Federal Acquisition Regulation;

(D)

other procurement programs and authorities, including—

(i)

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));

(ii)

other transaction authority under sections 2371 and 2371b of title 10, United States Code;

(iii)

cooperative agreements;

(iv)

prizes for advanced technology achievements under section 2374a of title 10, United States Code; and

(v)

grant programs; and

(E)

new entrant barriers and challenges, including—

(i)

accessing secure computing and information technology infrastructure; and

(ii)

securing clearances for personnel and facilities; and

(2)

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—

(A)

program executive officers (as defined in section 1737(a)(4)) of title 10, United States Code);

(B)

program management offices;

(C)

combatant commands with a command acquisition executive;

(D)

Defense Agencies and Department of Defense Field Activities (as such terms are defined, respectively, in section 101 of title 10, United States Code); and

(E)

such other elements of the Department as the Secretary considers appropriate.

(c)

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)).

(d)

Terms of agreements

(1)

In general

The terms of an agreement under subsection (a) shall be determined by the Secretary of Defense.

(2)

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.

(3)

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.

(4)

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.

(e)

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.

(f)

Data collection

(1)

Plan required before implementation

The Secretary of Defense may not enter into an agreement under subsection (a) until the date on which the Secretary—

(A)

completes a plan to for carrying out the data collection required under paragraph (2); and

(B)

submits the plan to the appropriate congressional committees.

(2)

Data collection required

The Secretary of Defense shall collect and analyze data on the pilot program under this section for the purposes of—

(A)

developing and sharing best practices for facilitating the transition of science and technology from the research, development, pilot, and prototyping phases to full-scale implementation within the Department of Defense;

(B)

providing information to the leadership of the Department on the implementation of the pilot program and related policy issues; and

(C)

providing information to the appropriate congressional committees as required under subsection (g).

(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.

(h)

Consultation

In carrying out the pilot program under this section, the Secretary of Defense shall consult with—

(1)

service acquisition executives (as defined in section 101 of title 10, United States Code);

(2)

the heads of appropriate Defense Agencies and Department of Defense Field Activities;

(3)

procurement technical assistance centers (as described in chapter 142 of title 10, United States Code);

(4)

the Administrator of Federal Procurement Policy; and

(5)

such other individuals and organizations as the Secretary determines appropriate.

(i)

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).

(j)

Comptroller General assessment and report

(1)

Assessment

The Comptroller General of the United States shall conduct an assessment of the pilot program under this section. The assessment shall include an evaluation of the effectiveness of the pilot program with respect to—

(A)

facilitating the transition of science and technology from the research, development, pilot, and prototyping phases to full-scale implementation within the Department of Defense; and

(B)

protecting sensitive information shared among the Department of Defense, qualified intermediaries, and technology producers in the course of the pilot program.

(2)

Report

Not later than the date specified in paragraph (3), the Comptroller General shall submit to the appropriate congressional committees a report on the results of the assessment conducted under paragraph (1).

(3)

Date specified

The date specified in this paragraph is the earlier of—

(A)

four years after the date on which the Secretary of Defense enters into the first agreement with a qualified intermediary under subsection (a): or

(B)

five years after the date of the enactment of this Act.

(k)

Definitions

In this section:

(1)

The term appropriate congressional committees means—

(A)

the congressional defense committees;

(B)

the Committee on Homeland Security and Governmental Affairs of the Senate; and

(C)

the Committee on Oversight and Reform of the House of Representatives.

(2)

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.

(3)

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.

219.

Assessment and correction of deficiencies in the F–35 aircraft pilot breathing system

(a)

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—

(1)

determine whether the breathing system complies with Military Standard 3050 (MIL–STD–3050), titled Aircraft Crew Breathing Systems Using On-Board Oxygen Generating System (OBOGS); and

(2)

assess the safety and effectiveness of the breathing system for all pilots of F–35 aircraft.

(b)

Requirements

The following shall apply to the testing and evaluation conducted under subsection (a):

(1)

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.

(2)

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.

(3)

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.

(4)

A diverse group of F–35 pilots shall participate in the testing and evaluation, including—

(A)

pilots who are test-qualified and pilots who are not test-qualified

(B)

pilots who vary in gender, physical conditioning, height, weight, and age, and any other attributes that the Secretary determines to be appropriate.

(5)

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.

(6)

The testing and evaluation shall include assessments of pilot life support gear and relevant equipment, including the pilot breathing mask apparatus.

(7)

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.

(8)

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.

(9)

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.

(10)

In carrying out the testing and evaluation, the Secretary of Defense may seek technical support and subject matter expertise from the Naval Air Systems Command, the Air Force Research Laboratory, the Office of Naval Research, the National Aeronautics and Space Administration, and any other organization or element of the Department of Defense or the National Aeronautics and Space Administration that the Secretary, in consultation with the Administrator of the National Aeronautics and Space Administration, determines appropriate to support the testing and evaluation.

(c)

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).

(d)

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.

(e)

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—

(1)

findings and recommendations with respect to the breathing system; and

(2)

a description of the specific actions the Secretary will carry out to correct deficiencies in the breathing system, as required under subsection (c).

(f)

Independent review of final report

(1)

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).

(2)

Report to Secretary

Not later than seven months after the date on which the Secretary of Defense enters into an agreement with a federally funded research and development center under paragraph (1), the center shall submit to the Secretary a report on the results of the review conducted under such paragraph.

(3)

Report to Congress

Not later than 30 days after the date on which the Secretary of Defense receives the report under paragraph (2), the Secretary shall submit the report to the congressional defense committees.

220.

Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base

(a)

Identification required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1)

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

(2)

identify such facilities and capabilities that the Secretary would propose to designate, collectively, as the Hypersonics Facility Base.

(b)

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.

221.

Requirement to maintain access to category 3 subterranean training facility

(a)

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.

(b)

Authority to enter into lease

The Secretary of Defense is authorized to enter into a short-term lease with a provider of a covered category 3 subterranean training facility for purposes of compliance with subsection (a).

(c)

Covered category 3 subterranean training facility defined

In this section, the term covered category 3 subterranean training facility means a category 3 subterranean training facility that is—

(1)

operational as of the date of the enactment of this Act; and

(2)

deemed safe for use as of such date.

222.

Prohibition on reduction of naval aviation testing and evaluation capacity

(a)

Prohibition

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

(1)

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

(2)

The billets assigned to support such capacity.

(3)

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

(b)

Report required

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

(1)

The design and effectiveness of the testing and evaluation infrastructure and capacity of the Department of the Navy, including an assessment of whether such infrastructure and capacity is sufficient to carry out the acquisition and sustainment testing required for the aviation-related programs of the Department of Defense and the naval aviation-related programs of the Department of the Navy

(2)

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

(3)

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

223.

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:

(1)

The unit cost of each such C–130 test aircraft.

(2)

The life cycle sustainment plan for such C–130 aircraft.

(3)

A statement indicating whether such C–130 aircraft will be procured using multiyear contracting authority under section 2306b of title 10, United States Code.

(4)

The total amount of funds needed to complete the procurement of such C–130 aircraft.

224.

Limitation on availability of funds for VC–25B aircraft program pending submission of documentation

(a)

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.

(b)

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).

C

Plans, Reports, and Other Matters

231.

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.

232.

Adaptive engine transition program acquisition strategy for the F–35A aircraft

(a)

In general

Not later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on the integration of the Adaptive Engine Transition Program propulsion system into the F–35A aircraft.

(b)

Elements

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

(1)

A competitive acquisition strategy, informed by fiscal considerations, to—

(A)

integrate the Adaptive Engine Transition Program propulsion system into the F–35A aircraft; and

(B)

begin, in fiscal year 2027, activities to retrofit all F–35A aircraft with such propulsion system.

(2)

An implementation plan to implement such strategy.

(3)

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

233.

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

(a)

In general

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

(b)

Elements

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

(1)

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

(2)

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

(3)

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

(A)

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

(B)

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

(C)

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

(4)

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

(5)

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

(c)

Definitions

In this section:

(1)

The term variant of the F-35 means:

(A)

the F–35B; and

(B)

the F–35C.

(2)

The term advanced propulsion system means:

(A)

the Adaptive Engine Transition Program propulsion system; or

(B)

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

234.

Assessment and report on airborne electronic attack capabilities and capacity

(a)

Assessment

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

(1)

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

(2)

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

(A)

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

(B)

the compatibility of the jammer with such aircraft; and

(C)

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

(b)

Report

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

235.

Strategy for autonomy integration in major weapon systems

(a)

Strategy required

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

(b)

Elements

The strategy required under subsection (a) shall include—

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(c)

Consultation

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

(1)

the Under Secretary of Defense for Research and Engineering;

(2)

the Secretaries of the military departments; and

(3)

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

(d)

Report

(1)

In general

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

(2)

Contents

The report required under paragraph (1) shall—

(A)

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

(B)

describe the progress made in implementing the strategy.

(e)

Form

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


III

Operation and Maintenance

A

Authorization of Appropriations

301.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.

B

Energy and Environment

311.

Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents

(a)

National Defense Strategy and defense planning guidance

Section 113(g) of title 10, United States Code, is amended—

(1)

in paragraph (1)(B)—

(A)

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

(B)

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

(x)

Strategic goals to address or mitigate the current and projected risks to military installation resilience.

.

(2)

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

(b)

National defense sustainment and logistics review

(1)

In general

The first section 118a of such title is amended—

(A)

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

(B)

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

(C)

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

(2)

Clerical and conforming amendments

(A)

Clerical amendments

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

(i)

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

(ii)

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

118b. National Defense Sustainment and Logistics Review.

.

(B)

Conforming amendment

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

(c)

Chairman’s risk assessment

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

(vii)

Identify and assess risk resulting from, or likely to result from, current or projected effects on military installation resilience.

.

(d)

Strategic decisions relating to military installations

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

(e)

National Defense Strategy and National Military Strategy

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

(f)

National security planning documents

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

(g)

Campaign plans of combatant commands

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

(h)

Report on security implications associated with military installation resilience

(1)

Report

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

(2)

Form

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

(i)

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

(1)

In general

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

(A)

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

(B)

An assessment of vulnerabilities to military installation resilience.

(2)

Use of assessment tool

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

(j)

Definitions

In this section:

(1)

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

(2)

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

(3)

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

312.

Modification of authorities governing cultural and conservation activities of the Department of Defense

(a)

In general

Section 2694 of title 10, United States Code, is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

in subparagraph (A), by inserting or Sentinel Landscape after military department; and

(ii)

in subparagraph (B), by inserting or that would contribute to maintaining or improving military installation resilience after military operations;

(B)

in paragraph (2)—

(i)

in subparagraph (A), by inserting or nature-based climate resilience plans after land management plans; and

(ii)

by amending subparagraph (F) to read as follows:

(F)

The implementation of ecosystem-wide land management plans—

(i)

for a single ecosystem that—

(I)

encompasses at least two non-contiguous military installations, if those military installations are not all under the administrative jurisdiction of the same Secretary of a military department; and

(II)

provides synergistic benefits unavailable if the installations acted separately; or

(ii)

for one or more ecosystems within a designated Sentinel Landscape.

; and

(2)

by adding at the end the following new subsection:

(e)

Definition of Sentinel Landscape

In this section, the term Sentinel Landscape means a landscape-scale area encompassing—

(1)

one or more military installations or State-owned National Guard installations and associated airspace; and

(2)

the working or natural lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense test and training missions of the military or State-owned National Guard installation or installations.

.

(b)

Preservation of Sentinel Landscapes

Section 317 of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 2684a note) is amended—

(1)

in subsection (c)—

(A)

by inserting resilience, after mutual benefit of conservation,;

(B)

by inserting , resilience, after voluntary land management; and

(C)

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.;

(2)

in subsection (d), in the second sentence, by inserting by an eligible landowner or agricultural producer after Participation;

(3)

by redesignating subsection (e) as subsection (f);

(4)

by inserting after subsection (d) the following new subsection (e):

(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

(5)

in subsection (f), by adding at the end the following new paragraph:

(4)

Resilience

The term resilience means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, flooding, wildfires, or other anticipated or unanticipated changes in environmental conditions.

.

313.

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.

314.

Prohibition on use of open-air burn pits in contingency operations outside the United States

(a)

In general

Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:

2714.

Prohibition on use of open-air burn pits

(a)

In general

Except as provided in subsection (b), beginning on January 1, 2023, the disposal of covered waste by the Department of Defense in an open-air burn pit located outside of the United States during a contingency operation is prohibited.

(b)

Waiver

The President may exempt a location from the prohibition under subsection (a) if the President determines such an exemption is in the paramount interest of the United States.

(c)

Report

(1)

Not later than 30 days after granting an exemption under subsection (b) with respect to the use of an open-air burn pit at a location, the President shall submit to Congress a written report that identifies—

(A)

the location of the open-air burn pit;

(B)

the number of personnel of the United States assigned to the location where the open-air burn pit is being used;

(C)

the size and expected duration of use of the open-air burn pit;

(D)

the personal protective equipment or other health risk mitigation efforts that will be used by members of the armed forces when airborne hazards are present, including how such equipment will be provided when required; and

(E)

the need for the open-air burn pit and rationale for granting the exemption.

(2)

A report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(d)

Definition of covered waste

In this section, the term covered waste includes—

(1)

hazardous waste, as defined by section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903(5));

(2)

medical waste;

(3)

tires;

(4)

treated wood;

(5)

batteries;

(6)

plastics, except insignificant amounts of plastic remaining after a good-faith effort to remove or recover plastic materials from the solid waste stream;

(7)

munitions and explosives, except when disposed of in compliance with guidance on the destruction of munitions and explosives contained in the Department of Defense Ammunition and Explosives Safety Standards, DoD Manual 6055.09-M;

(8)

compressed gas cylinders, unless empty with valves removed;

(9)

fuel containers, unless completely evacuated of its contents;

(10)

aerosol cans;

(11)

polychlorinated biphenyls;

(12)

petroleum, oils, and lubricants products (other than waste fuel for initial combustion);

(13)

asbestos;

(14)

mercury;

(15)

foam tent material;

(16)

any item containing any of the materials referred to in a preceding paragraph; and

(17)

other waste as designated by the Secretary.

.

(b)

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.

.

(c)

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.

315.

Maintenance of current analytical tools for evaluation of energy resilience measures

(a)

In general

Section 2911 of title 10, United States Code, is amended by adding at the end the following new subsection:

(i)

Analytical tools for evaluation of energy resilience measures

(1)

The Secretary of Defense shall develop and implement a process to ensure that the Department of Defense, in the evaluation of energy resilience measures on military installations, uses analytical tools that are accurate and effective in projecting the costs and performance of such measures.

(2)

Analytical tools specified in paragraph (1) shall be—

(A)

designed to—

(i)

provide an accurate projection of the costs and performance of the energy resilience measure being analyzed;

(ii)

be used without specialized training; and

(iii)

produce resulting data that is understandable and usable by the typical source selection official;

(B)

consistent with standards and analytical tools commonly applied by the Department of Energy and by commercial industry;

(C)

adaptable to accommodate a rapidly changing technological environment;

(D)

peer-reviewed for quality and precision and measured against the highest level of development for such tools; and

(E)

periodically reviewed and updated, but not less frequently than once every three years.

.

(b)

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).

316.

Energy efficiency targets for Department of Defense data centers

(a)

Energy efficiency targets for data centers

(1)

In general

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

2921.

Energy efficiency targets for data centers

(a)

Covered data centers

(1)

For each covered data center, the Secretary shall—

(A)

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

(B)

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

(C)

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

(D)

identify potential renewable or clean energy resources to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and

(E)

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

(2)

In this subsection, the term covered data center means a data center of the Department that—

(A)

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

(B)

has been established before the date of the enactment of this section.

(b)

New data centers

(1)

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

(A)

power usage effectiveness standards;

(B)

water usage effectiveness standards; and

(C)

any other energy or resiliency standards the Secretary determines are appropriate.

(2)

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

(A)

determines that such waiver is in the national security interest of the United States; and

(B)

submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver.

.

(2)

Clerical amendment

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

2921. Energy efficiency targets for data centers.

.

(b)

Inventory of data facilities

(1)

Inventory required

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

(A)

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

(B)

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

(i)

The date on which the data center was established.

(ii)

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

(C)

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

(D)

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

(E)

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

(F)

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

(G)

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

(H)

Any other matters the Secretary determines are relevant.

(2)

Data center defined

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

(c)

Report

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

(1)

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

(2)

The estimated costs associated with meeting such targets.

(3)

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

(4)

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

317.

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—

(1)

in the section heading—

(A)

by inserting or purchase after procurement; and

(B)

by striking perfluorooctane sulfonate or perfluorooctanoic acid and inserting perfluoroalkyl substances or polyfluoroalkyl substances;

(2)

in subsection (a), by striking perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA) and inserting any perfluoroalkyl substance or polyfluoroalkyl substance; and

(3)

by striking subsection (b) and inserting the following new subsection (b):

(b)

Definitions

In this section:

(1)

The term covered item means—

(A)

nonstick cookware or cooking utensils for use in galleys or dining facilities;

(B)

upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings;

(C)

food packaging materials;

(D)

furniture or floor waxes;

(E)

sunscreen;

(F)

umbrellas, luggage, or bags;

(G)

car wax and car window treatments;

(H)

cleaning products; and

(I)

shoes and clothing for which treatment with a perfluoroalkyl substance or polyfluoroalkyl substance is not necessary for an essential function.

(2)

The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.

(3)

The term polyfluoroalkyl substance means a man-made chemical containing at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom.

.

318.

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

(a)

Temporary moratorium

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

(1)

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).

(2)

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

(b)

Required adoption of final rule

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

(c)

Report

Not later than one year after the date on which the Administrator of the Environmental Protection Agency publishes the final rule specified in subsection (a)(2), and annually thereafter for three years, the Secretary shall submit to the Administrator a report on all incineration by the Department of Defense of covered materials during the year covered by the report, including—

(1)

the total amount of covered materials incinerated;

(2)

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

(3)

the locations and facilities where the covered materials were incinerated.

(d)

Definitions

In this section:

(1)

The term AFFF means aqueous film forming foam.

(2)

The term covered material means any legacy AFFF formulation containing PFAS, material contaminated by AFFF release, or spent filter or other PFAS-contaminated material resulting from site remediation or water filtration that—

(A)

has been used by the Department of Defense or a military department;

(B)

is being discarded for disposal by the Department of Defense or a military department; or

(C)

is being removed from sites or facilities owned or operated by the Department of Defense.

(3)

The term PFAS means per- or polyfluoroalkyl substances.

319.

Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances

(a)

Public disclosure of PFAS testing of water

(1)

In general

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

(A)

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

(B)

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

(2)

Consent by private property owners

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

(b)

Public disclosure of planned PFAS testing of water

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

(1)

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

(2)

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

(c)

Nature of disclosure

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

(1)

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

(2)

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

(3)

in the Federal Register.

(d)

Local notification

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

(1)

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

(2)

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

(3)

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

(e)

Methods for testing

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

(f)

Definitions

In this section:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

320.

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.

321.

Standards for response actions with respect to PFAS contamination

(a)

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:

(1)

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)).

(2)

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)).

(3)

A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)).

(b)

Definitions

In this section:

(1)

The term covered PFAS substance means any of the following:

(A)

Perfluorononanoic acid (PFNA).

(B)

Perfluorooctanoic acid (PFOA).

(C)

Perfluorohexanoic acid (PFHxA).

(D)

Perfluorooctane sulfonic acid (PFOS).

(E)

Perfluorohexane sulfonate (PFHxS).

(F)

Perfluorobutane sulfonic acid (PFBS).

(G)

GenX.

(2)

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).

(c)

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).

322.

Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam

(a)

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:

(1)

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.

(2)

Any requirements for the use of personal protective equipment by personnel when conducting a material transfer or maintenance activity of the Department that may result in a spill of AFFF, or when conducting remediation activities for such a spill, including requirements for side-shield safety glasses, latex gloves, and respiratory protection equipment.

(3)

The methods by which the Secretary ensures compliance with guidance specified in material safety data sheets with respect to the use of such personal protective equipment.

(b)

Guidance

Not later than 90 days after the date on which the Secretary completes the review under subsection (a), the Secretary shall issue guidance on the prevention and mitigation of spills of AFFF based on the results of such review that includes, at a minimum, best practices and recommended requirements to ensure the following:

(1)

The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity of the Department of Defense that may result in such a spill.

(2)

The use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities for the Department in the vicinity of such drains or basins.

(3)

The storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph (1).

(c)

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).

323.

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.

324.

Establishment of emissions control standard operating procedures

(a)

Review

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of current electromagnetic spectrum emissions control standard operating procedures across the joint force.

(b)

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.

(c)

Report

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation status of the standards required under subsection (b) by each of the military departments, including—

(1)

incorporation into doctrine of the military departments;

(2)

integration into training of the military departments; and

(3)

efforts to coordinate with the militaries of partner countries and allies to develop similar standards and associated protocols, including through the use of working groups.

325.

Long-duration demonstration initiative and joint program

(a)

Establishment of initiative

Not later than March 1, 2022, the Secretary of Defense shall establish a demonstration initiative composed of demonstration projects focused on the development of long-duration energy storage technologies.

(b)

Selection of projects

To the maximum extent practicable, in selecting demonstration projects to participate in the demonstration initiative under subsection (a), the Secretary of Defense shall—

(1)

ensure a range of technology types;

(2)

ensure regional diversity among projects; and

(3)

consider bulk power level, distribution power level, behind-the-meter, microgrid (grid-connected or islanded mode), and off-grid applications.

(c)

Joint program

(1)

Establishment

As part of the demonstration initiative under subsection (a), the Secretary of Defense, in consultation with the Secretary of Energy, shall establish within the Department of Defense a joint program to carry out projects—

(A)

to demonstrate promising long-duration energy storage technologies at different scales to promote energy resiliency; and

(B)

to help new, innovative long-duration energy storage technologies become commercially viable.

(2)

Memorandum of understanding

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a memorandum of understanding with the Secretary of Energy to administer the joint program.

(3)

Infrastructure

In carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall—

(A)

use existing test-bed infrastructure at—

(i)

installations of the Department of Defense; and

(ii)

facilities of the Department of Energy; and

(B)

develop new infrastructure for identified projects, if appropriate.

(4)

Goals and metrics

The Secretary of Defense and the Secretary of Energy shall develop goals and metrics for technological progress under the joint program consistent with energy resilience and energy security policies.

(5)

Selection of projects

(A)

In general

To the maximum extent practicable, in selecting projects to participate in the joint program, the Secretary of Defense and the Secretary of Energy may—

(i)

ensure that projects are carried out under conditions that represent a variety of environments with different physical conditions and market constraints; and

(ii)

ensure an appropriate balance of—

(I)

larger, operationally-scaled projects, adapting commercially-proven technology that meets military service defined requirements; and

(II)

smaller, lower-cost projects.

(B)

Priority

In carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall give priority to demonstration projects that—

(i)

make available to the public project information that will accelerate deployment of long-duration energy storage technologies that promote energy resiliency; and

(ii)

will be carried out as field demonstrations fully integrated into the installation grid at an operational scale.

326.

Pilot program on use of sustainable aviation fuel

(a)

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—

(1)

identify any logistical challenges with respect to the use of sustainable aviation fuel by the Department of Defense;

(2)

promote understanding of the technical and performance characteristics of sustainable aviation fuel when used in a military setting; and

(3)

engage nearby commercial airports to explore opportunities and challenges to partner on increased use of sustainable aviation fuel.

(b)

Selection of facilities

(1)

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.

(2)

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.

(c)

Use of sustainable aviation fuel

(1)

Plans

For each facility selected under subsection (b), not later than one year after the selection of the facility, the Secretary shall—

(A)

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;

(B)

submit the plan to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and

(C)

provide to such Committees a briefing on the plan that includes, at a minimum—

(i)

a description of any operational, infrastructure, or logistical requirements and recommendations for the blending and use of sustainable aviation fuel; and

(ii)

a description of any stakeholder engagement in the development of the plan, including any consultations with nearby commercial airport owners or operators.

(2)

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.

(d)

Criteria for sustainable aviation fuel

Sustainable aviation fuel used under the pilot program shall meet the following criteria:

(1)

Such fuel shall be produced in the United States from non-agricultural and non-food-based domestic feedstock sources.

(2)

Such fuel shall constitute drop-in fuel that meets all specifications and performance requirements of the Department of Defense and the Armed Forces.

(e)

Waiver

The Secretary may waive the use of sustainable aviation fuel at a facility under the pilot program if the Secretary—

(1)

determines such use is not feasible due to a lack of domestic availability of sustainable aviation fuel or a national security contingency; and

(2)

submits to the congressional defense committees notice of such waiver and the reasons for such waiver.

(f)

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:

(1)

An assessment of the effect of using sustainable aviation fuel on the overall fuel costs of blended fuel.

(2)

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.

(3)

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.

(4)

A description of the effects on performance and operation aircraft using sustainable aviation fuel including—

(A)

if used, considerations of various blending ratios and their associated benefits;

(B)

efficiency and distance improvements of flights fuels using sustainable aviation fuel;

(C)

weight savings on large transportation aircraft and other types of aircraft with using blended fuel with higher concentrations of sustainable aviation fuel;

(D)

maintenance benefits of using sustainable aviation fuel, including engine longevity;

(E)

the effect of the use of sustainable aviation fuel on emissions and air quality;

(F)

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

(G)

benefits with respect to job creation in the sustainable aviation fuel production and supply chain.

(g)

Sustainable aviation fuel defined

In this section, the term sustainable aviation fuel means liquid fuel that—

(1)

consists of synthesized hydrocarbon;

(2)

meets the requirements of—

(A)

ASTM International Standard D7566 (or such successor standard); or

(B)

the co-processing provisions of ASTM International Standard D1655, Annex A1 (or such successor standard);

(3)

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;

(4)

is not derived from palm fatty acid distillates; and

(5)

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.

327.

Joint Department of Defense and Department of Agriculture study on bioremediation of PFAS using mycological organic matter

(a)

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.

(b)

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).

(c)

PFAS

In this section, the term PFAS means per- and polyfluoroalkyl substances.

C

Logistics and Sustainment

341.

Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand

(a)

Clarification of operational energy responsibilities

Section 2926 of title 10, United States Code, is amended—

(1)

in subsection (a), by inserting in contested logistics environments after missions; and

(2)

in subsection (b)—

(A)

in the heading, by striking Authorities and inserting Responsibilities;

(B)

in the matter preceding paragraph (1), by striking may and inserting shall;

(C)

by amending paragraph (1) to read as follows:

(1)

require the Secretaries concerned and the commanders of the combatant commands to assess the energy supportability in contested logistics environments of systems, capabilities, and plans;

;

(D)

in paragraph (2), by inserting supportability in contested logistics environments, after power,; and

(E)

in paragraph (3), by inserting in contested logistics environments after vulnerabilities.

(b)

Establishment of working group

Such section is further amended—

(1)

in subsection (c)—

(A)

in the matter preceding paragraph (1), by inserting and in coordination with the working group under subsection (d) after components;

(B)

in paragraph (1), by striking Defense and oversee and inserting Defense, including the activities of the working group established under subsection (d), and oversee;

(C)

in paragraph (2), by inserting , taking into account the findings of the working group under subsection (d) after Defense; and

(D)

paragraph (3), by inserting , taking into account the findings of the working group under subsection (d) after resilience;

(2)

by redesignating subsections (d) through (f) as subsections (e) through (g), respectively;

(3)

by inserting after subsection (c), as amended by paragraph (1), the following new subsection:

(d)

Working Group

(1)

The Secretary of Defense shall establish a working group to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand that are carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense and to conduct other coordinated functions relating to such efforts.

(2)

The head of the working group under paragraph (1) shall be the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary shall supervise the members of the working group and provide guidance to such members with respect to specific operational energy plans and programs to be carried out pursuant to the strategy under subsection (e).

(3)

The members of the working group under paragraph (1) shall be appointed as follows:

(A)

A senior official of each armed force, who shall be nominated by the Secretary concerned and confirmed by the Senate to represent such armed force.

(B)

A senior official from each geographic and functional combatant command, who shall be appointed by the commander of the respective combatant command to represent such combatant command.

(C)

A senior official under the jurisdiction of the Chairman of the Joint Chiefs of Staff, who shall be appointed by the Chairman to represent the Joint Chiefs of Staff and the Joint Staff.

(4)

Each member of the working group shall be responsible for carrying out operational energy plans and programs and implementing coordinated initiatives pursuant to the strategy under subsection (e) for the respective component of the Department that the member represents.

(5)

The duties of the working group under paragraph (1) shall be as follows:

(A)

Planning for the integration of efforts to mitigate contested logistics challenges through the reduction of operational energy demand carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense.

(B)

Developing recommendations regarding the strategy for operational energy under subsection (e).

(C)

Developing recommendations relating to the development of, and modernization efforts for, platforms and weapons systems of the armed forces.

(D)

Developing recommendations to ensure that such development and modernization efforts lead to increased lethality, extended range, and extended on-station time for tactical assets.

(E)

Developing recommendations to mitigate the effects of hostile action by a near-peer adversary targeting operational energy storage and operations of the armed forces, including through the use of innovative delivery systems, distributed storage, flexible contracting, and improved automation.

; and

(4)

in subsection (g), as redesignated by paragraph (2)—

(A)

in paragraph (1)—

(i)

by striking The Secretary of a military department and inserting Each member of the working group under subsection (d); and

(ii)

by striking conducted by the military department and inserting conducted by the respective component of the Department that the member represents for purposes of the working group; and

(B)

in paragraph (2), by striking military department and inserting armed force.

(c)

Modifications to operational energy strategy

Subsection (e) of such section, as redesignated by subsection (b)(2), is amended to read as follows:

(1)

The Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the working group under subsection (d), shall be responsible for the establishment and maintenance of a department-wide transformational strategy for operational energy. The strategy shall be updated every five years and shall establish near-term, mid-term, and long-term goals, performance metrics to measure progress in meeting the goals, and a plan for implementation of the strategy within each armed force, across the armed forces, and with the Office of the Secretary of Defense.

(2)

The strategy required under paragraph (1) shall include the following:

(A)

A plan to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand within each armed force.

(B)

An assessment of how industry trends transitioning from the production of internal combustion engines to the development and production of alternative propulsion systems may affect the long-term availability of parts for military equipment, the fuel costs for such equipment, and the sustainability of such equipment.

(C)

An assessment of any 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.

(D)

An assessment of any risks or opportunities related to the development of tactical vehicles or other military equipment that use alternative propulsion systems, including any such risks or opportunities with respect the supply chain or resupply capabilities of the armed forces or the congruence of such systems with the systems used by allies of the United States.

(E)

An assessment of how the Secretaries concerned and the commanders of the combatant commands can better plan for challenges presented by near-peer adversaries in a contested logistics environment, including through innovative delivery systems, distributed storage, flexible contracting, and improved automation.

(F)

An assessment of any infrastructure investments of allied and partner countries that may affect operational energy availability in the event of a conflict with a near-peer adversary.

(3)

By authority of the Secretary of Defense, and taking into consideration the findings of the working group, the Assistant Secretary shall prescribe policies and procedures for the implementation of the strategy and make recommendations to the Secretary of Defense and Deputy Secretary of Defense with respect to specific operational energy plans and programs to be carried out pursuant to the strategy.

(4)

Not later than 30 days after the date on which the budget for fiscal year 2024 is submitted to Congress pursuant to section 1105 of title 31, and every five years thereafter, the Assistant Secretary shall submit to the congressional defense committees the strategy required under paragraph (1).

.

(d)

Definitions

Such section is further amended by adding at the end the following new subsection:

(h)

Definitions

In this section:

(1)

The term contested logistics environment means an environment in which the armed forces engage in conflict with an adversary that presents challenges in all domains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other.

(2)

The term tactical vehicle means a vehicle owned by the Department of Defense or the armed forces and used in combat, combat support, combat service support, tactical, or relief operations, or in training for such operations.

.

(e)

Conforming amendment

Section 2926(c)(5) of title 10, United States Code, is amended by striking subsection (e)(4) and inserting subsection (f)(4).

(f)

Interim report

Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the congressional defense committees an interim report on any actions taken pursuant to the amendments made by this section. 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).

342.

Global bulk fuel management and delivery

(a)

Designation of responsible combatant command

(1)

Designation required

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

2927.

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.

.

(2)

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.

.

(3)

Deadline for designation; notice

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall—

(A)

make the designation required under section 2927 of title 10, United States Code (as added by paragraph (1)); and

(B)

provide to the Committees on Armed Services of the Senate and the House of Representatives notice of the combatant command so designated.

(b)

Global bulk fuel management strategy

(1)

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.

(2)

Additional elements

The strategy under paragraph (1) shall include the following additional elements:

(A)

A description of the current organizational responsibility for bulk fuel management of the Department, organized by geographic combatant command, including with respect to ordering, storage, and strategic and tactical transportation.

(B)

A description of any legacy bulk fuel management assets of each of the geographic combatant commands.

(C)

A description of the operational plan to exercise such assets to ensure full functionality and to repair, upgrade, or replace such assets as necessary.

(D)

An identification of the resources required for any such repairs, upgrades, or replacements.

(E)

A description of the current programs relating to platforms, weapon systems, or research and development, that are aimed at managing fuel constraints by decreasing demand for fuel.

(F)

An assessment of current and projected threats to forward-based bulk fuel delivery, storage, and distribution systems, and an assessment, based on such current and projected threats, of attrition to bulk fuel infrastructure, including storage and distribution systems, in a conflict involving near-peer foreign countries.

(G)

An assessment of current days of supply guidance, petroleum war reserve requirements, and prepositioned war reserve stocks, based on operational tempo associated with distributed operations in a contested environment.

(H)

An identification of the resources required to address any changes to such guidance, requirements, or stocks recommended as the result of such assessment.

(I)

An identification of any global shortfall with respect to bulk fuel management, organized by geographic combatant command, and a prioritized list of investment recommendations to address each shortfall identified.

(3)

Coordination

In preparing the strategy under paragraph (1), the commander of 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.

(c)

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.

(d)

Conforming amendments

Section 2854 of the Military Construction Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1)

in subsection (b), by striking The organizational element designated pursuant to subsection (a) and inserting The Secretary of Defense;

(2)

in subsection (c), by striking subsection (b) and inserting subsection (a);

(3)

by striking subsections (a) and (d); and

(4)

by redesignating subsections (b) and (c), as amended by paragraphs (1) and (2), as subsections (a) and (b), respectively.

343.

Comptroller General annual reviews of F–35 sustainment efforts

(a)

Annual reviews and briefings

Not later than March 1 of each year of 2022, 2023, 2024, and 2025, the Comptroller General of the United States shall—

(1)

conduct an annual review of the sustainment efforts of the Department of Defense with respect to the F–35 aircraft program (including the air vehicle and propulsion elements of such program); and

(2)

provide to the 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.

(b)

Elements

Each review under subsection (a)(1) shall include an assessment of the following:

(1)

The status of the sustainment strategy of the Department for the F–35 Lightning II aircraft program.

(2)

The Department oversight and prime contractor management of key sustainment functions with respect to the F–35 aircraft program.

(3)

The ability of the Department to reduce the costs, or otherwise maintain the affordability, of the sustainment of the F–35 fleet.

(4)

Any other matters regarding the sustainment or affordability of the F–35 aircraft program that the Comptroller General determines to be of critical importance to the long-term viability of such program.

(c)

Reports

Following the provision of each briefing under subsection (a)(2), at such time as is mutually agreed upon by the 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.

344.

Pilot program on biobased corrosion control and mitigation

(a)

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.

(b)

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.

(c)

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:

(1)

The solution is capable of being produced domestically.

(2)

The solution is at least as effective at the control and mitigation of corrosion as current alternative solutions.

(3)

The solution reduces environmental exposures.

(d)

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).

(e)

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.

345.

Pilot program on digital optimization of organic industrial base maintenance and repair operations

(a)

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.

(b)

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:

(1)

The delivery of a digital twin model of the maintenance, repair, and remanufacturing infrastructure and activities.

(2)

The modeling and simulation of optimized facility configuration, logistics systems, and processes.

(3)

The analysis of material flow and resource use to achieve key performance metrics for all levels of maintenance and repair.

(4)

An assessment of automated, advanced, and additive manufacturing technologies that could improve maintenance, repair, and remanufacturing operations.

(5)

The identification of investments necessary to achieve the efficiencies identified by the digital twin model required under paragraph (1).

(c)

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—

(1)

a description of the efficiencies identified under the pilot program;

(2)

a description of the infrastructure, workforce, and capital equipment investments necessary to achieve such efficiencies;

(3)

the plan of the Secretary to undertake such investments; and

(4)

the assessment of the Secretary of the potential applicability of the findings of the pilot program to other covered depots.

(d)

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:

(1)

Portsmouth Naval Shipyard, Maine.

(2)

Pearl Harbor Naval Shipyard, Hawaii.

(3)

Puget Sound Naval Shipyard, Washington.

(4)

Norfolk Naval Shipyard, Virginia.

346.

Pilot program on implementation of mitigating actions to address vulnerabilities to critical defense facilities and associated defense critical electric infrastructure

(a)

Two-year pilot authorized

(1)

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.

(2)

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.

(b)

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—

(1)

ensure that at least one of the military installations selected is an installation of each of Armed Forces;

(2)

select installations that represent different challenges or severities with respect to electric infrastructure vulnerability;

(3)

select at least one critical defense facility within the service territory of a Power Marketing Administration;

(4)

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

(5)

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.

(c)

Comptroller General review

(1)

In general

Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall—

(A)

conduct a review of the pilot program under this section; and

(B)

submit to the appropriate congressional committees a report on the results of the review.

(2)

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)).

(d)

Definitions

In this section:

(1)

The term appropriate congressional committees means—

(A)

the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives; and

(B)

the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate.

(2)

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)).

(3)

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)).

(4)

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.

347.

Report and certification requirements regarding sustainment costs for F–35 aircraft program

(a)

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:

(1)

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.

(2)

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:

(A)

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.

(B)

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

(C)

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.

(3)

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.

(4)

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.

(b)

Annual certification

(1)

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.

(2)

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.

(c)

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—

(1)

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

(2)

the Secretary has determined that such a performance-based logistics contract will further reduce sustainment costs for the F–35 aircraft program.

(d)

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.

D

Risk Mitigation and Safety Improvement

351.

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:

(B)

A notice of presumed risk issued pursuant to subparagraph (A) is a preliminary assessment only and is not a finding of unacceptable risk under subsection (e). A discussion of mitigation actions could resolve the concerns identified by the Department in the preliminary assessment in favor of the applicant.

.

352.

Establishment of Joint Safety Council

(a)

In general

Chapter 7 of title 10, United States Code, is amended by inserting after section 183a the following new section:

184.

Joint Safety Council

(a)

In general

There is established, within the Office of the Deputy Secretary of Defense, a Joint Safety Council (in this section referred to as the Council).

(b)

Composition; appointment; compensation

(1)

The Council shall include the following voting members:

(A)

The Vice Chief of Staff of the Army.

(B)

The Vice Chief of Staff of the Air Force.

(C)

The Vice Chief of Naval Operations.

(D)

The Assistant Commandant of the Marine Corps.

(E)

The Vice Chief of Space Operations.

(F)

A member of the Senior Executive Service from the Office of the Under Secretary of Defense for Personnel and Readiness, appointed by the Deputy Secretary of Defense.

(G)

A member of the Senior Executive Service from the Office of the Under Secretary for Research and Engineering, appointed by the Deputy Secretary of Defense.

(H)

A member of the Senior Executive Service from the Office of the Under Secretary for Acquisition and Sustainment, appointed by the Deputy Secretary of Defense.

(2)

The Council shall include the following non-voting members:

(A)

The Director of Safety for the Department of the Army, who shall be appointed by the Secretary of the Army.

(B)

The Director of Safety for the Department of the Air Force, who shall be appointed by the Secretary of the Air Force.

(C)

The Director of Safety for the Department of the Navy, who shall be appointed by the Secretary of the Navy.

(D)

The Deputy Assistant Secretary of Defense for Force Safety and Occupational Health, appointed by the Deputy Secretary of Defense as the Executive Secretary.

(3)
(A)

Members of the Council serve at the will of the official who appointed them.

(B)

Vacancies on the Council shall be filled in the same manner as the original appointment.

(4)

Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council.

(c)

Chair and vice chair

(1)

The Secretary of Defense, or the Secretary’s designee, shall select one of the members of the Council who is a member of the armed forces to serve as Chair of the Council. Unless earlier removed, the Chair shall serve for a term of two years. The Chair shall serve as the Director of Operational and Training Safety for the Department of Defense.

(2)

The Vice Chair shall be a person appointed under subsection (b) who is a member of the Senior Executive Service. The Vice Chair shall report to the Chair and shall serve as Chair in his or her absence.

(d)

Staff

(1)

The Council may appoint staff in accordance with section 3101 of title 5.

(2)

The Council may accept persons on detail from within the Department of Defense and from other Federal departments or agencies on a reimbursable or non-reimbursable basis.

(e)

Contract authority

The Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes.

(f)

Procurement of temporary and intermittent services

The Chair may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

(g)

Data collection

(1)

Under regulations issued by the Secretary of Defense, the Council shall have access to Department of Defense databases necessary to carry out its responsibilities, including causal factors to be used for mishap reduction purposes.

(2)

Under regulations issued by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of safety data.

(h)

Meetings

The Council shall meet quarterly and at the call of the Chair.

(i)

Duties

The Council shall carry out the following responsibilities:

(1)

Subject to subsection (j), issuing, publishing, and updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps.

(2)

Establishing uniform data collection standards, a centralized collection system for mishaps in the Department of Defense, and a process for safeguarding sensitive data and information where appropriate.

(3)

Reviewing the compliance of each military department in adopting and using the uniform data collection standards established under paragraph (2).

(4)

Reviewing mishap data to assess, identify, and prioritize risk mitigation efforts and safety improvement efforts across the Department.

(5)

Establishing standards and requirements for the collection of equipment, simulator, training, pilot, and operator data.

(6)

Establishing requirements for each military department to collect and analyze any waivers issued relating to pilot or operator qualifications or standards.

(7)

Establishing, in consultation with the heads of other Federal departments and agencies, as appropriate, a requirement for each military department to implement a safety management system.

(8)

Reviewing the safety management system of each military department and the implementation of such systems.

(9)

Reviewing and assessing civilian and commercial safety programs and practices to determine the suitability of such programs for implementation in the Department.

(10)

Establishing a requirement for each military department to implement a system to monitor recommendations made in safety and legal investigation reports to ensure implementation of corrective actions.

(11)

Reviewing and providing feedback on the investments of the military departments in technological solutions for safety and mishap prevention.

(j)

Review

The decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense.

(k)

Report

The Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 183a the following new item:

184. Joint Safety Council.

.

353.

Mishap Investigation Review Board

(a)

Proposal for establishment of Board

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

(1)

the size and composition of the Board;

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(b)

Report

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

354.

Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents

(a)

Plan required

Not later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees and to the Comptroller General of the United States a plan to address the recommendations in the report of the Government Accountability Office entitled Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents (GAO–21–361). Each such plan shall include, with respect to each recommendation in such report that the Secretary concerned has implemented or intends to implement—

(1)

a summary of actions that have been or will be taken to implement the recommendation; and

(2)

a schedule, with specific milestones, for completing implementation of the recommendation.

(b)

Deadline for implementation

(1)

In general

Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act, each Secretary concerned shall carry out activities to implement the plan of the Secretary developed under subsection (a).

(2)

Exception for implementation of certain recommendations

(A)

Delayed implementation

A Secretary concerned may initiate implementation of a recommendation in the report referred to in subsection (a) after the date specified in paragraph (1) if, on or before such date, the Secretary provides to the congressional defense committees a specific justification for the delay in implementation of such recommendation.

(B)

Nonimplementation

A Secretary concerned may decide not to implement a recommendation in the report referred to in subsection (a) if, on or before the date specified in paragraph (1), the Secretary provides to the congressional defense committees—

(i)

a specific justification for the decision not to implement the recommendation; and

(ii)

a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation.

(c)

Secretary concerned

In this section, the term Secretary concerned means—

(1)

the Secretary of the Army, with respect to the Army; and

(2)

the Secretary of the Navy, with respect to the Navy.

355.

Pilot program for tactical vehicle safety data collection

(a)

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.

(b)

Purposes

The purposes of the pilot program are—

(1)

to allow for the automated identification of hazards and potential hazards on and off military installations;

(2)

to mitigate and increase awareness of hazards and potential hazards on and off military installations;

(3)

to identify near-miss accidents;

(4)

to create a standardized record source for accident investigations;

(5)

to assess individual driver proficiency, risk, and readiness;

(6)

to increase consistency in the implementation of military installation and unit-level range safety programs across military installations and units;

(7)

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;

(8)

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

(9)

any other matters as determined by the Secretary concerned.

(c)

Requirements

In carrying out the pilot program, the Secretaries shall—

(1)

assess the feasibility of using commercial technology, such as smartphones or technologies used by insurance companies, as a data recorder;

(2)

test and evaluate a minimum of two data recorders that meet the pilot program requirements;

(3)

select a data recorder capable of collecting and exporting the telemetry data, event data, and driver identification during operation and accidents;

(4)

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;

(5)

establish and maintain a database that contains telemetry data, driver data, and event data captured by the data recorder;

(6)

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;

(7)

generate actionable data sets and statistics on individual, vehicle, and military installation;

(8)

require commanders at the covered military installations to incorporate the actionable data sets and statistics into the installation range safety program;

(9)

require unit commanders at the covered military installations to incorporate the actionable data sets and statistics into unit driver safety program;

(10)

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;

(11)

use open architecture to the maximum extent practicable; and

(12)

any other activities determined by the Secretary as necessary to meet the purposes under subsection (b).

(d)

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.

(e)

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:

(1)

Contains the necessary force structure, equipment, and maneuver training ranges to collect driver and military tactical vehicle data during training and routine operation.

(2)

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.

(f)

Covered military tactical vehicles

The pilot program shall cover the following military tactical vehicles:

(1)

Army Strykers.

(2)

Marine Corps Light Armored Vehicles.

(3)

Army Medium Tactical Vehicles.

(4)

Marine Corps Medium Tactical Vehicle Replacements.

(g)

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.

(h)

Reports

(1)

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).

(2)

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).

(3)

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—

(A)

assess the pilot program’s effectiveness in meeting the purposes under subsection (b);

(B)

include the metrics generated during the pilot program, disaggregated by military tactical vehicle, location, and service;

(C)

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;

(D)

provide a cost estimate for equipping legacy military tactical vehicles with data recorders;

(E)

determine the instances in which data recorders should be a requirement in the acquisition of military tactical vehicles;

(F)

recommend whether the pilot program should be expanded or made into a program of record; and

(G)

recommend any statutory, regulatory, or policy changes required to support the purposes under subsection (b).

(i)

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.

(j)

Definitions

In this section:

(1)

The term accident means a collision, rollover, or other mishap involving a motor vehicle.

(2)

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.

(3)

The term driver identification means data enabling the unique identification of the driver operating the motor vehicle.

(4)

The term event data includes data related to—

(A)

the start and conclusion of each vehicle operation;

(B)

a vehicle accident;

(C)

a vehicle acceleration, velocity, or location with an increased potential for an accident; or

(D)

a vehicle orientation with an increased potential for an accident.

(5)

The term Secretary concerned means—

(A)

the Secretary of the Army with respect to matters concerning the Army; and

(B)

the Secretary of the Navy with respect to matters concerning the Navy and Marine Corps.

(6)

The term telemetry data includes—

(A)

time;

(B)

vehicle distance traveled;

(C)

vehicle acceleration and velocity;

(D)

vehicle orientation, including roll, pitch, and yaw; and

(E)

vehicle location in a geographic coordinate system, including elevation.

E

Reports

361.

Inclusion of information regarding borrowed military manpower in readiness reports

(a)

In general

Section 482(b) of title 10, United States Code, is amended—

(1)

by redesignating paragraph (10) as paragraph (11); and

(2)

by inserting after paragraph (9) the following new paragraph (10):

(11)

Information regarding—

(A)

the extent to which any member of the armed forces is diverted, temporarily assigned, or detailed outside the member’s assigned unit or away from training in order to perform any function that had been performed by civilian employees of the Federal Government or by contractors prior to such diversion, temporary assignment, or detail; and

(B)

whether such function is within the scope of the skills required for the military occupational specialty of such member of the armed forces.

.

362.

Annual report on missing, lost, and stolen weapons, large amounts of ammunition, destructive devices, and explosive material

(a)

In general

Section 2722 of title 10, United States Code, is amended—

(1)

in the section heading, by striking report to Secretary of the Treasury and inserting reporting requirements;

(2)

in subsection (a), by inserting and the Director of the Bureau of Alcohol, Tobacco, and Firearms after Secretary of the Treasury;

(3)

by redesignating subsection (c) as subsection (d); and

(4)

by inserting after subsection (b) the following new subsection (c):

(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—

(1)

all instances of missing, lost, or stolen weapons, large amounts of ammunition, destructive devices, or explosive material from the stocks of the Department of Defense;

(2)

for each item identified under paragraph (1), the type, quantity, and serial number, broken down by armed force and component; and

(3)

such other information the Secretary determines appropriate.

.

(b)

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.

.

363.

Annual report on material readiness of Navy ships

Section 8674(d) of title 10, United States Code is amended—

(1)

in paragraph (1)—

(A)

by striking submit to the and inserting provide to the;

(B)

by inserting a briefing and submit to such committees after congressional defense committees; and

(C)

by striking setting forth and inserting regarding;

(2)

in paragraph (2)—

(A)

by striking in an unclassified form that is releasable to the public without further redaction. and inserting in—; and

(B)

by adding at the end the following new subparagraphs:

(A)

a classified form that shall be available only to the congressional defense committees; and

(B)

an unclassified form that is releasable to the public without further redaction

; and

(3)

by striking paragraph (3).

364.

Strategy and annual report on critical language proficiency of special operations forces

(a)

Five-year strategy

(1)

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.

(2)

Elements

The strategy under paragraph (1) shall include the following:

(A)

A baseline of foreign language proficiency requirements to be implemented within the special operations forces, disaggregated by Armed Force and by critical language.

(B)

Annual recruitment targets for the number of candidates with demonstrated proficiency in a critical language to be selected for participation in the initial assessment and qualification programs of the special operations forces.

(C)

A description of current and planned efforts of the Secretaries concerned and the Assistant Secretary to meet such annual recruitment targets.

(D)

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.

(E)

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.

(F)

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.

(G)

A description of current and projected capabilities and activities that the Assistant Secretary determines are necessary to maintain proficiency in critical languages within the special operations forces.

(H)

A plan to implement a training program for members of the special operations forces who serve in positions that the Assistant Secretary determines require proficiency in a critical language to support the Department of Defense in strategic competition.

(b)

Annual report

(1)

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.

(2)

Elements

Each report under paragraph (1) shall include, with respect to the year for which the report is submitted, the following information:

(A)

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.

(B)

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.

(C)

As compared to the total number of members of the special operations forces—

(i)

the percentage of such members who have maintained proficiency in a critical language, disaggregated by Armed Force;

(ii)

the percentage of such members who are enrolled in a critical language training program, disaggregated by Armed Force and by critical language; and

(iii)

the average proficiency rating received by such members with respect to each critical language, disaggregated by Armed Force.

(D)

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—

(i)

the percentage of such members who maintain proficiency in a foreign language relevant to such mission; and

(ii)

the percentage of such members who are enrolled in a foreign language training program relevant to such mission.

(E)

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.

(F)

A description of any gaps in foreign language training identified by the Assistant Secretary with respect to the special operations forces.

(c)

Definitions

In this section:

(1)

The term critical language means a language identified by the Director of the National Security Education Program as critical to national security.

(2)

The term proficiency means proficiency in a language, as assessed by the Defense Language Proficiency Test.

(3)

The term Secretary concerned has the meaning given such term in section 101 of title 10, United States Code.

(4)

The term special operations forces means forces described under section 167(j) of title 10, United States Code.

365.

Report and briefing on approach for certain properties affected by noise from military flight operations

(a)

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.

(b)

Matters

The briefing under subsection (a) shall include a discussion of the following:

(1)

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.

(2)

The number of fixed wing aircraft facilities covered by existing Air Installations Compatible Use Zones studies.

(3)

The proportion of existing Air Installations Compatible Use Zones studies that accurately reflect current and reasonably foreseeable fixed wing aviation activity.

(4)

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.

(5)

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.

(6)

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.

(7)

Any barriers to the timely review and generation of Air Installations Compatible Use Zones studies, including with respect to staffing and gaps in authorities.

(8)

The estimated cost to develop and update required Air Installations Compatible Use Zones practices and studies.

(9)

Future opportunities to consult with local communities affected by noise from military flight operations.

(c)

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).

(d)

Definitions

In this section:

(1)

The term Air Installations Compatible Use Zones program has the meaning given such term in Department of Defense Instruction 4165.57.

(2)

The term covered facility means any—

(A)

private residence;

(B)

hospital;

(C)

daycare facility;

(D)

school; or

(E)

facility the primary purpose of which is to serve senior citizens.

366.

Study on use of military resources to transport certain individuals and effect on military readiness

(a)

Study

The Secretary of Defense shall—

(1)

conduct a study examining the effect on military readiness of using Department of Defense resources to transport covered individuals; and

(2)

submit to Congress a report containing the findings of such study.

(b)

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.

F

Other Matters

371.

Budget justification for operation and maintenance

(a)

Subactivity group by future years

Section 233 of title 10, United States Code, is amended—

(1)

by redesignating subsection (c) as subsection (e); and

(2)

by inserting after subsection (b) the following new subsection (c):

(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.

.

(b)

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:

(d)

Budget display

The Secretary of Defense, in consultation with the Secretary of each of the military departments, shall include in the O&M justification documents a budget display to provide for discussion and evaluation of the resources required to meet material readiness objectives, as identified in the metrics required by section 118 of this title, together with any associated risks to the supply chain. For each major weapon system, by designated mission design series, variant, or class, the budget display required under this subsection for the budget year shall include each of the following:

(1)

The material availability objective established in accordance with the requirements of section 118 of this title.

(2)

The funds obligated by subactivity group within the operation and maintenance accounts for the second fiscal year preceding the budget year for the purpose of achieving the material readiness objectives identified in accordance with section 118 of this title.

(3)

The funds estimated to be obligated by subactivity group within the operation and maintenance accounts for the fiscal year preceding the budget year for the purpose of achieving the material readiness objectives identified in accordance with section 118 of this title.

(4)

The funds budgeted and programmed across the future years defense program within the operation and maintenance accounts by subactivity group for the purpose of achieving the material readiness objectives identified in accordance with section 118 of this title.

(5)

A narrative discussing the performance of the Department against established material readiness objectives for each major weapon system by mission design series, variant, or class.

.

(c)

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.

(d)

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.

372.

Improvements and clarifications related to military working dogs

(a)

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.

(b)

Inclusion of military working dogs in certain research and plans

(1)

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—

(A)

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

(B)

by striking paragraph (9) and inserting the following new paragraph:

(9)

To inform and advise the conduct of research on the leading causes of morbidity and mortality of members of the Armed Forces and military working dogs in combat.

.

(2)

Veterinarians in personnel management plan

Subsection (d)(1) of such section is amended—

(A)

by redesignating subparagraph (F) as subparagraph (G); and

(B)

by inserting after subparagraph (E) the following new subparagraph:

(F)

Veterinary services.

.

373.

Management of fatigue among crew of naval surface ships and related improvements

(a)

Requirement

The Secretary of the Navy shall implement each recommendation for executive action set forth in the report of the Government Accountability Office titled Navy Readiness: Additional Efforts Are Needed to Manage Fatigue, Reduce Crewing Shortfalls, and Implement Training (GAO-21-366).

(b)

Report

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

(1)

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

(2)

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

(3)

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

(4)

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

(c)

Comptroller General assessment

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

374.

Authority to establish Center of Excellence for radar systems and complementary workforce and education programs

(a)

Authority

The Secretary of Defense may establish a Center of Excellence for radar systems and complementary workforce and education programs.

(b)

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:

(1)

Facilitating collaboration among academia, the Department, and the commercial radar industry, including radar system repair and sustainment facilities.

(2)

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.

(3)

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.

(4)

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.

(c)

Eligible participants

If the Secretary establishes the Center authorized under subsection (a)—

(1)

the Secretary may enter into an agreement with one or more institutions of higher education to provide for joint operation of the Center; and

(2)

the Center may partner with nonprofit institutions and private industry with expertise in radar systems to further the mission of the Center.

(d)

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.

(e)

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.

(f)

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).

375.

Pilot program on military working dog and explosives detection canine health and excellence

(a)

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—

(1)

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;

(2)

facilitate the delivery and communication to domestic breeders, covered institutions of higher education, and covered national domestic canine associations, of information regarding—

(A)

any specific needs or requirements for the future acquisition by the Department of explosives detection military working dogs; and

(B)

any factors identified as relevant to the success or failure of explosives detection military working dogs presented for assessment pursuant to this section;

(3)

collect information on the biological and health factors of explosives detection military working dogs procured by the Department, and make such information available for academic research and to domestic breeders; and

(4)

collect and make available genetic and phenotypic information, including canine rearing and training data for study by domestic breeders and covered institutions of higher education, for the further development of working canines that are bred, raised, and trained domestically.

(b)

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).

(c)

Termination

The authority to carry out the pilot program under subsection (a) shall terminate on October 1, 2024.

(d)

Definitions

In this section:

(1)

The term covered institution of higher education means an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), with demonstrated expertise in veterinary medicine for working canines.

(2)

The term covered national domestic canine association means a national domestic canine association with demonstrated expertise in the breeding and pedigree of working canine lines.

(3)

The term explosives detection military working dog means a canine that, in connection with the work duties of the canine performed for the Department of Defense, is certified and trained to detect odors indicating the presence of explosives in a given object or area, in addition to the performance of such other duties for the Department as may be assigned.

(e)

Authorization of appropriations

There is authorized to be appropriated $10,000,000 to carry out this section.

IV

MILITARY PERSONNEL AUTHORIZATIONS

A

Active Forces

401.

End strengths for active forces

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2022, as follows:

(1)

The Army, 485,000.

(2)

The Navy, 346,200.

(3)

The Marine Corps, 178,500.

(4)

The Air Force, 328,300.

(5)

The Space Force, 8,400.

402.

Revisions in permanent active duty end strength minimum levels

Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (5) and inserting the following new paragraphs:

(1)

For the Army, 485,000.

(2)

For the Navy, 346,200.

(3)

For the Marine Corps, 178,500.

(4)

For the Air Force, 328,300.

(5)

For the Space Force, 8,400.

.

B

Reserve Forces

411.

End strengths for Selected Reserve

(a)

In general

The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2022, as follows:

(1)

The Army National Guard of the United States, 336,000.

(2)

The Army Reserve, 189,500.

(3)

The Navy Reserve, 58,600.

(4)

The Marine Corps Reserve, 36,800.

(5)

The Air National Guard of the United States, 108,300.

(6)

The Air Force Reserve, 70,300.

(7)

The Coast Guard Reserve, 7,000.

(b)

End strength reductions

The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1)

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2)

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c)

End strength increases

Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

412.

End strengths for Reserves on active duty in support of the Reserves

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2022, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1)

The Army National Guard of the United States, 30,845.

(2)

The Army Reserve, 16,511.

(3)

The Navy Reserve, 10,293.

(4)

The Marine Corps Reserve, 2,386.

(5)

The Air National Guard of the United States, 26,661.

(6)

The Air Force Reserve, 6,003.

413.

End strengths for military technicians (dual status)

The minimum number of military technicians (dual status) as of the last day of fiscal year 2022 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1)

For the Army National Guard of the United States, 22,294.

(2)

For the Army Reserve, 6,492.

(3)

For the Air National Guard of the United States, 9,885.

(4)

For the Air Force Reserve, 7,111.

414.

Maximum number of reserve personnel authorized to be on active duty for operational support

During fiscal year 2022, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1)

The Army National Guard of the United States, 17,000.

(2)

The Army Reserve, 13,000.

(3)

The Navy Reserve, 6,200.

(4)

The Marine Corps Reserve, 3,000.

(5)

The Air National Guard of the United States, 16,000.

(6)

The Air Force Reserve, 14,000.

415.

Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths

Section 115(b)(2)(B) of title 10, United States Code, is amended by striking 1095 days in the previous 1460 days and inserting 1825 days in the previous 2190 days.

C

Authorization of Appropriations

421.

Military personnel

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.

(b)

Construction of authorization

The authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2022.

V

MILITARY PERSONNEL POLICY

A

Reserve Component Management

501.

Grade of certain chiefs of reserve components

(a)

In general

(1)

Chief of Army Reserve

Section 7038(b)(1) of title 10, United States Code, is amended by striking general officers of the Army Reserve and inserting officers of the Army Reserve in the grade of lieutenant general and.

(2)

Chief of Navy Reserve

Section 8083(b)(1) of such title is amended by striking flag officers of the Navy (as defined in section 8001(1)) and inserting officers of the Navy Reserve in the grade of vice admiral and.

(3)

Commander, Marine Forces Reserve

Section 8084(b)(1) of such title is amended by striking general officers of the Marine Corps (as defined in section 8001(2)) and inserting officers of the Marine Corps Reserve in the grade of lieutenant general and.

(4)

Chief of Air Force Reserve

Section 9038(b)(1) of such title is amended by striking general officers of the Air Force Reserve and inserting officers of the Air Force Reserve in the grade of lieutenant general and.

(b)

Effective date

The amendments made under subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act and shall apply to appointments made after such date.

502.

Grade of Vice Chief of the National Guard Bureau

Section 10505 of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)

Grade

(1)

The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of general.

(2)

The Secretary of Defense shall designate, pursuant to subsection (b) of section 526 of this title, the position of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.

.

503.

Prohibition on private funding for interstate deployment of National Guard

(a)

Prohibition

Chapter 3 of title 32, United States Code, is amended by adding at the end the following new section:

329. Prohibition on private funding for interstate deployment

A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title, title 10, or State active duty) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).

.

(b)

Technical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

329. Prohibition on private funding for interstate deployment.

.

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

Section 502(f)(2)(A) of title 32, United States Code, is amended to read as follows:

(A)

Support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense, with the consent of—

(i)

the chief executive officer of each State (as that term is defined in section 901 of this title) in which such operations or missions shall take place; and

(ii)

if such operations or missions shall take place in the District of Columbia, the Mayor of the District of Columbia.

.

505.

Continued National Guard support for FireGuard program

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

506.

Study on reapportionment of National Guard force structure based on domestic responses

(a)

Study

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

(1)

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

(A)

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

(B)

that are most prone to natural disasters.

(2)

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

(3)

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

(A)

units of the National Guard of such State; and

(B)

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

(4)

Based on the recommendations in the 2021 report of the National Guard Bureau titled Impact of U.S. Population Trends on National Guard Force Structure, an assessment of—

(A)

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

(B)

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

(5)

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

(b)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study under subsection (a).

(c)

State defined

In this section, the term State includes the various States and Territories, the Commonwealth of Puerto Rico, and the District of Columbia.

507.

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

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

508.

Access to Tour of Duty system

(a)

Access

(1)

In general

Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall ensure, subject to paragraph (2), that a member of the reserve components of the Army may access the Tour of Duty system using a personal internet-enabled device.

(2)

Exception

The Secretary of the Army may restrict access to the Tour of Duty system on personal internet-enabled devices if the Secretary determines such restriction is necessary to ensure the security and integrity of information systems and data of the United States.

(b)

Tour of Duty system defined

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

B

General Service Authorities and Military Records

511.

Prohibition on commissioning or enlistment in the Armed Forces of an individual convicted of a felony hate crime

(a)

Prohibition

Section 657 of title 10, United States Code, is amended—

(1)

in the heading, by striking sexual; and

(2)

in subsection (b), by adding at the end the following new paragraphs:

(5)

An offense under section 249 of title 18.

(6)

An offense under State or local law—

(A)

described in section 245(a)(1) of title 18; or

(B)

the elements of which are substantially similar to those of an offense under section 247 or 249 of title 18.

.

(b)

Conforming amendment

The table of sections at the beginning of chapter 37 of such title is amended by striking the item relating to section 657 and inserting the following:

657. Prohibition on service in the armed forces by individuals convicted of certain offenses.

.

512.

Reduction in service commitment required for participation in career intermission program of a military department

Section 710(c)(3) of title 10, United States Code, is amended by striking two months and inserting one month.

513.

Modernization of the Selective Service System

(a)

Reference

Except as expressly provided otherwise, any reference in this section to a section or other provision shall be deemed to be a reference to that section or other provision of the Military Selective Service Act (50 U.S.C. 3801 et seq.).

(b)

Purpose of selective service

Section 1(b) (50 U.S.C. 3801(b)) is amended—

(1)

by striking armed strength and inserting military strength;

(2)

by striking insure and inserting ensure; and

(3)

by inserting before the period at the end the following: by ensuring adequate personnel with the requisite capabilities to meet the mobilization needs of the Department of Defense during a national emergency and not solely to provide combat replacements.

(c)

Solemnity of military service

Section 3 (50 U.S.C. 3802) is amended by adding at the end the following:

(c)

Regulations prescribed pursuant to subsection (a) shall include methods to convey to every person required to register the solemn obligation for military service in the event of a military draft.

.

(d)

Expanded registration to all Americans

(1)

Section 3(a) (50 U.S.C. 3802(a)) is amended—

(A)

by striking male citizen and inserting citizen;

(B)

by striking male person and inserting person;

(C)

by striking present himself and inserting appear; and

(D)

by striking so long as he and inserting so long as such alien.

(2)

Section 4(e) (50 U.S.C. 3803(e)) is amended by striking enlisted men and inserting enlisted persons.

(3)

Section 5 (50 U.S.C. 3805) is amended—

(A)

in subsection (a)(1)—

(i)

by striking race or color and inserting race, color, sex, or gender; and

(ii)

by striking call for men and inserting call for persons; and

(B)

in subsection (b), by striking men each place it appears and inserting persons.

(4)

Section 6 (50 U.S.C. 3806) is amended—

(A)

in subsection (a)(1)—

(i)

by striking enlisted men and inserting enlisted persons; and

(ii)

by striking accrue to him and inserting accrue to such alien; and

(B)

in subsection (h)—

(i)

by striking (other than wives alone, except in cases of extreme hardship); and

(ii)

by striking wives and children and inserting spouses and children.

(5)

Section 10(b)(3) (50 U.S.C. 3809(b)(3)) is amended—

(A)

by striking the President is requested and all that follows through within its jurisdiction and inserting the President is requested to appoint the membership of each local board so that each board has both male and female members and, to the maximum extent practicable, it is proportionately representative of the race, national origin, and sex of those registrants within its jurisdiction; and

(B)

by striking race or national origin and inserting race, sex, or national origin.

(6)

Section 16(a) (50 U.S.C. 3814(a)) is amended by striking men and inserting persons.

(e)

Maintaining the health of the Selective Service System

Section 10(a) (50 U.S.C. 3809(a)) is amended by adding at the end the following new paragraph:

(5)

The Selective Service System shall conduct exercises periodically of all mobilization plans, systems, and processes to evaluate and test the effectiveness of such plans, systems, and processes. Once every 4 years, the exercise shall include the full range of internal and interagency procedures to ensure functionality and interoperability and may take place as part of the Department of Defense mobilization exercise under section 10208 of title 10, United States Code. The Selective Service System shall conduct a public awareness campaign in conjunction with each exercise to communicate the purpose of the exercise to the public.

.

(f)

Due process for failure To register

(1)

Section 12 (50 U.S.C. 3811) is amended—

(A)

in subsection (f)—

(i)

in paragraph (2), by inserting before the period at the end or proof of registration in accordance with subsection (g);

(ii)

in paragraph (3)—

(I)

in the first sentence, by striking compliance and inserting compliance or proof of registration; and

(II)

in the second sentence, by inserting before the period at the end or proof of registration; and

(iii)

in paragraph (4), in the second sentence—

(I)

by striking thereunder and inserting thereunder, or failure to provide proof of registration in accordance with subsection (g),; and

(II)

by inserting before the period at the end or has registered in accordance with subsection (g); and

(B)

in subsection (g)—

(i)

in paragraph (1), by striking ; and and inserting and the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register; or; and

(ii)

by amending paragraph (2) to read as follows:

(2)

the person was provided notice of the person’s failure to register and the person registered within 30 days with the Selective Service System, regardless of the person’s age at the time of registration.

.

(g)

Technical and conforming amendments

The Military Selective Service Act is amended—

(1)

in section 4 (50 U.S.C. 3803)—

(A)

in subsection (a) in the third undesignated paragraph—

(i)

by striking his acceptability in all respects, including his and inserting such person’s acceptability in all respects, including such person's; and

(ii)

by striking he may prescribe and inserting the President may prescribe;

(B)

in subsection (c)—

(i)

in paragraph (2), by striking any enlisted member and inserting any person who is an enlisted member; and

(ii)

in paragraphs (3), (4), and (5), by striking in which he resides and inserting in which such person resides;

(C)

in subsection (g), by striking coordinate with him and inserting coordinate with the Director; and

(D)

in subsection (k)(1), by striking finding by him and inserting finding by the President;

(2)

in section 5(d) (50 U.S.C. 3805(d)), by striking he may prescribe and inserting the President may prescribe;

(3)

in section 6 (50 U.S.C. 3806)—

(A)

in subsection (c)(2)(D), by striking he may prescribe and inserting the President may prescribe;

(B)

in subsection (d)(3), by striking he may deem appropriate and inserting the President considers appropriate; and

(C)

in subsection (h), by striking he may prescribe each place it appears and inserting the President may prescribe;

(4)

in section 10 (50 U.S.C. 3809)—

(A)

in subsection (b)—

(i)

in paragraph (3)—

(I)

by striking He shall create and inserting The President shall create; and

(II)

by striking upon his own motion and inserting upon the President’s own motion;

(ii)

in paragraph (4), by striking his status and inserting such individual’s status; and

(iii)

in paragraphs (4), (6), (8), and (9), by striking he may deem each place it appears and inserting the President considers; and

(B)

in subsection (c), by striking vested in him and inserting vested in the President;

(5)

in section 13(b) (50 U.S.C. 3812(b)), by striking regulation if he and inserting regulation if the President;

(6)

in section 15 (50 U.S.C. 3813)—

(A)

in subsection (b), by striking his each place it appears and inserting the registrant’s; and

(B)

in subsection (d), by striking he may deem and inserting the President considers;

(7)

in section (16)(g) (50 U.S.C. 3814(g))—

(A)

in paragraph (1), by striking who as his regular and customary vocation and inserting who, as such person’s regular and customary vocation,; and

(B)

in paragraph (2)—

(i)

by striking one who as his customary vocation and inserting a person who, as such person’s customary vocation,; and

(ii)

by striking he is a member and inserting such person is a member;

(8)

in section (18)(a) (50 U.S.C. 3816(a)), by striking he is authorized and inserting the President is authorized;

(9)

in section 21 (50 U.S.C. 3819)—

(A)

by striking he is sooner and inserting sooner;

(B)

by striking he each subsequent place it appears and inserting such member; and

(C)

by striking his consent and inserting such member’s consent;

(10)

in section 22(b) (50 U.S.C. 38290(b)), in paragraphs (1) and (2), by striking his each place it appears and inserting the registrant’s; and

(11)

except as otherwise provided in this section—

(A)

by striking he each place it appears and inserting such person;

(B)

by striking his each place it appears and inserting such person’s;

(C)

by striking him each place it appears and inserting such person; and

(D)

by striking present himself each place it appears in section 12 (50 U.S.C. 3811) and inserting appear.

(h)

Conforming amendments to other laws

(1)

Section 3328 of title 5, United States Code, is amended by striking subsection (a) and inserting the following:

(a)

An individual who was required to register under section 3 of the Military Selective Service Act (50 U.S.C. 3803) but failed to meet the registration requirements of section 3 of that Act shall be ineligible for appointment to a position in an Executive agency, unless—

(1)

the requirement for the person to so register has terminated or become inapplicable to the person and the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register; or

(2)

the person was provided notice of the person’s failure to register and the person registered within 30 days with the Selective Service System, regardless of the person’s age at the time of registration.

.

(2)

Section 484(n) of the Higher Education Act of 1965 (20 U.S.C. 1091(n)) is amended by striking (50 U.S.C. App. 462(f)) and inserting (50 U.S.C. 3811(f)).

(i)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act, except that the amendments made by subsections (d) and (h)(1) shall take effect one year after such date of enactment.

514.

Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments

(a)

In general

Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall take the following steps regarding military accessions in each Armed Force under the jurisdiction of such Secretary:

(1)

Assess the prescribed medical standards for appointment as an officer, or enlistment as a member, in such Armed Force.

(2)

Determine how to update the medical screening processes for appointment or enlistment.

(3)

Determine how to standardize operations across the military entrance processing stations.

(4)

Determine how to improve aptitude testing methods and standardized testing requirements.

(5)

Implement improvements determined or identified under paragraphs (1) through (4).

(b)

Report

Not later than one year after the date of the enactment of this Act, each Secretary shall submit to the appropriate congressional committees a report containing the results of carrying out this section and recommendations regarding legislation the Secretary determines necessary to improve such military accessions.

(c)

Appropriate congressional committees defined

In this section, the term appropriate congressional committees means—

(1)

The Committee on Armed Services of the House of Representatives.

(2)

The Committee on Armed Services of the Senate.

(3)

The Committee on Transportation and Infrastructure of the House of Representatives.

(4)

The Committee on Commerce, Science, and Transportation of the Senate.

515.

Authorization of permissive temporary duty for wellness

In order to reduce the rate of suicides in the Armed Forces, the Secretary of each military department shall prescribe regulations that authorize a member of an Armed Force under the jurisdiction of such Secretary to take not more than two weeks of permissive temporary duty each year to attend a seminar, retreat, workshop, or outdoor recreational therapy event—

(a)

hosted by a non-profit organization; and

(b)

that focuses on psychological, physical, spiritual, or social wellness.

516.

Required staffing of administrative separation boards

(a)

In general

The Secretary of the military department concerned shall ensure that any administrative separation board under the jurisdiction of such Secretary has assigned to it the following:

(1)

A nonvoting legal advisor who shall be responsible for providing legal advice to the President of the board on—

(A)

the operations and procedures of the board; and

(B)

matters under consideration by the board.

(2)

A nonvoting recorder who shall be responsible for representing the separation authority in the in the proceedings before the board.

(b)

Selection and supervision

(1)

In general

The nonvoting legal advisor referred to in subsection (a)(1) and the recorder referred to in subsection (a)(2) shall each be selected by the staff judge advocate and each shall serve under the supervision of such staff judge advocate.

(2)

Certification

The staff judge advocate who selects the recorder under paragraph (1) shall include in the record of the proceedings of the board a written certification affirming that the recorder has the legal skills necessary to competently fulfill the duties of that position.

517.

Administrative separation: miscellaneous authorities and requirements

Not later than one year after the date of the enactment of this Act, the Secretary of Defense and each Secretary of a military department shall prescribe regulations and guidance for administrative separations of enlisted members under the jurisdiction of such Secretary that—

(1)

authorize the Secretary of the military department concerned to characterize an administrative discharge, considered by an administrative separation board under regulations prescribed by such Secretary—

(A)

under any conditions (including other than honorable); and

(B)

notwithstanding the recommendation of such administrative separation board; and

(2)

in the case of an administrative separation on the basis of an offense by the member against an individual, allow such individual to request that at least one voting member of the administrative separation board be of the same gender, race, or ethnicity of such individual.

518.

Prohibition on algorithmic career termination

No funds authorized to be appropriated by this Act may be used to subject a member of the Armed Forces under the jurisdiction of a Secretary of a military department to discipline of any kind solely based on the output of an automated algorithmic, mathematical, or other analytic tool used in the evaluation of publicly available social media posts or other publicly available online activity attributable to such member, unless the Secretary concerned determines an imminent threat of physical violence exists.

519.

Prohibition on discipline against a member based on certain social media

No funds authorized to be appropriated by this Act may be used to subject a member of the Armed Forces under the jurisdiction of a Secretary of a military department to discipline of any kind solely based on a comment, post, or other activity originating from a third party regarding a political matter on an online account, forum, or other electronic means owned, controlled, or operated by the member.

519A.

Command oversight of military privatized housing as element of performance evaluations

(a)

Evaluations in general

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

(1)

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

(2)

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

(b)

Covered individuals

The individuals described in this subsection are as follows:

(1)

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

(2)

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

(3)

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

519B.

Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States

(a)

Study; report

Not later than September 30, 2022, the Secretary of Defense shall—

(1)

conduct a feasibility study regarding the establishment of a standard record of housing history for members of the Armed Forces who reside in covered housing; and

(2)

submit to the appropriate congressional committees a report on the results of such study.

(b)

Contents

A record described in subsection (a) includes, with regards to each period during which the member concerned resided in covered housing, the following:

(1)

The assessment of the commander of the military installation in which such housing is located, of the condition of such covered housing—

(A)

prior to the beginning of such period; and

(B)

in which the member concerned left such covered housing upon vacating such covered housing.

(2)

Contact information a housing provider may use to inquire about such a record.

(c)

Online access

A record described in subsection (a) would be accessible through a website, maintained by the Secretary of the military department concerned, through which a member of the Armed Forces under the jurisdiction of such Secretary may access such record of such member.

(d)

Issuance

The Secretary concerned would issue a copy of a described in subsection (a) to the member concerned upon the separation, retirement, discharge, or dismissal of such member from the Armed Forces, with the DD Form 214 for such member.

(e)

Definitions

In this section:

(1)

The term appropriate congressional committees means the following:

(A)

The Committee on Armed Services of the House of Representatives.

(B)

The Committee on Armed Services of the Senate.

(C)

The Committee on Transportation and Infrastructure of the House of Representatives.

(D)

The Committee on Commerce, Science, and Transportation of the Senate.

(2)

The term covered housing means housing provided by the United States to a member of the Armed Forces.

519C.

Seaman to Admiral-21 program: credit towards retirement

(a)

Credit

For each participant in the Seaman to Admiral-21 program during fiscal years 2010 through 2014 for whom the Secretary of the Navy cannot find evidence of an acknowledgment that, before entering a baccalaureate degree program, service during the baccalaureate degree program would not be included when computing years of service for retirement, the Secretary shall include service during the baccalaureate degree program when computing—

(1)

years of service; and

(2)

retired or retainer pay.

(b)

Report required

The Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the number of participants credited with service under subsection (a).

(c)

Deadline

The Secretary shall carry out this section not later than 180 days after the date of the enactment of this Act.

519D.

Progress report on implementation of GAO recommendations regarding career paths for surface warfare officers of the Navy

(a)

Progress report

Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a progress report on implementation of the recommendations for executive action in the report of the Government Accountability Office titled Navy Readiness: Actions Needed to Evaluate and Improve Surface Warfare Officer Career Path (GAO–21–168). The report shall include the following:

(1)

Actions taken to develop plans to improve retention of SWOs, with a focus on retention of female SWOs, including specific goals, performance measures, and timelines.

(2)

Actions taken to analyze relevant logbook data for trends between the number of SWOs aboard ships and competition for limited training opportunities.

(3)

Actions taken to analyze the extent to which commissioning practices affect training opportunities for SWOs.

(4)

Actions taken to reevaluate the need for nuclear-trained SWOs, assess the effects of the current training approach, and make any related adjustments to the respective career path.

(5)

Actions taken to establish and implement regular evaluations of the effectiveness of the current career path, training, and policies for SWOs, in successfully developing and retaining proficient SWOs. The initial evaluation shall include—

(A)

a comparison of such effectiveness against that of other positions in the Navy, and against comparable positions in other navies and maritime communities; and

(B)

input from SWOs at all grades.

(6)

Actions taken to implement—

(A)

workforce strategies;

(B)

changes to the career path for SWOs, training, and policies; and

(C)

the implementation of pilot programs to evaluate potential changes that address the results of such initial evaluation.

(b)

SWO defined

In this section, the term SWO means surface warfare officer.

519E.

Independent assessment of retention of female surface warfare officers

(a)

In general

The Secretary of Defense shall seek to enter into an agreement with a nonprofit entity or a federally funded research and development center independent of the Department of Defense to conduct research and analysis on the gender gap in retention of surface warfare officers in the Navy.

(b)

Elements

The research and analysis conducted under subsection (a) shall include consideration of the following:

(1)

Demographics of surface warfare officers, disaggregated by gender, including—

(A)

race;

(B)

ethnicity;

(C)

socioeconomic status;

(D)

marital status (including whether the spouse is a member of the Armed Forces and, if so, the length of service of such spouse);

(E)

whether the officer has children (including number and age or ages of children);

(F)

whether an immediate family member serves or has served as a member of the Armed Forces; and

(G)

the percentage of such officers who—

(i)

indicate an intent to complete only an initial service agreement; and

(ii)

complete only an initial service agreement.

(2)

Whether there is a correlation between the number of female surface warfare officers serving on a vessel and responses of such officers to command climate surveys.

(3)

An anonymous but traceable study of command climate results to—

(A)

correlate responses from particular female surface warfare officers with resignation; and

(B)

compare attitudes of first-tour and second-tour female surface warfare officers.

(4)

Recommendations based on the findings under paragraphs (1), (2), and (3).

(c)

Reports

(1)

In general

Not later than 270 days after the date on which a nonprofit entity or federally funded research and development center enters into an agreement under subsection (a) with the Secretary of Defense, such entity or center shall submit to the Secretary of Defense a report on the results of the research and analysis under subsection (a).

(2)

Submission to Congress

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees each of the following:

(A)

A copy of the report submitted under paragraph (1) without change.

(B)

Any comments, changes, recommendations, or other information provided by the Secretary of Defense relating to the research and analysis under subsection (a) and contained in such report.

C

Military Justice and Other Legal Matters

521.

Rights of the victim of an offense under the Uniform Code of Military Justice

(a)

In general

Section 806b(a) of title 10, United States Code (article 6b(a) of the Uniform Code of Military Justice) is amended—

(1)

by redesignating paragraph (8) as paragraph (9); and

(2)

by inserting after paragraph (7) the following new paragraph:

(8)

The right to be informed in a timely manner of any pre-trial agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize another law enforcement proceeding or would violate the privacy concerns of an individual other than the accused.

.

(b)

Policy on information provided to victims

(1)

Uniform policy required

Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Department in which the Coast Guard is operating, shall establish a uniform policy for the sharing of the following information relating to the victim of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), with a Special Victims’ Counsel or Victims’ Legal Counsel representing such victim:

(A)

Any recorded statements of the victim to investigators.

(B)

The record of any forensic examination of the person or property of the victim, including the record of any sexual assault forensic exam of the victim that is in possession of investigators or the Government.

(C)

Any other personal or medical record of the victim that is in the possession of investigators or the Government.

(2)

Exception for withholding of information in certain circumstances

The policy under paragraph (1) may set forth circumstances in which the information specified in such paragraph may be withheld for the purpose of protecting the integrity of an investigation or criminal proceeding.

522.

Commanding officer's non-judicial punishment

(a)

In general

Section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), is amended—

(1)

by redesignating subsections (c) through (g) as subsections (d) through (h), respectively;

(2)

by inserting after subsection (b), the following new subsection:

(c)
(1)

Except as provided in paragraphs (2) and (3), a commanding officer may not impose a punishment authorized in subsection (b) unless, before the imposition of such punishment, the commanding officer—

(A)

requests and receives legal guidance regarding the imposition of such punishment from a judge advocate or other legal officer of the armed force of which the commanding officer is a member; and

(B)

provides the member who may be subject to such punishment with an opportunity to consult appropriate legal counsel.

(2)

Paragraph (1) shall not apply to the punishments specified in subparagraphs (E) and (F) of subsection (b)(2).

(3)

A commanding officer may waive the requirements set forth in subparagraphs (A) and (B) of paragraph (1), on a case by case basis, if the commanding officer determines such a waiver is necessary in the national security interests of the United States.

; and

(3)

in subsection (f), as so redesignated, by striking subsection (d) and inserting subsection (e).

(b)

Effective date and applicability

The amendments made by subsection (a) shall take effect 180 days after the date of the enactment of this Act and shall apply with respect to punishments imposed under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), on or after such effective date.

(c)

Additional guidance required

Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall prescribe regulations or issue other written guidance with respect to non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice) that—

(1)
(A)

identifies criteria to be considered when determining whether a member of the armed forces is attached to or embarked in a vessel for the purposes of determining whether such member may demand trial by court-martial in lieu of punishment under such section (article); and

(B)

establishes a policy about the appropriate and responsible invocation of such exception; and

(2)

establishes criteria commanders must consider when evaluating whether to issue a waiver under subsection (c)(3) of such section (article) (as added by subsection (a) of this section) on the basis of the national security interests of the United States.

523.

Selection process for members to serve on courts-martial

Section 825(e) of title 10, United States Code (article 25(e) of the Uniform Code of Military Justice), is amended—

(1)

by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (4), and (5), respectively;

(2)

by inserting before paragraph (3), as so redesignated, the following new paragraphs:

(1) When convening a court-martial, the convening authority shall detail as members thereof members of the armed forces under such regulations as the President may prescribe for the randomized selection of qualified personnel available to the convening authority for detail.

(2)

The randomized selection process developed and implemented under paragraph (1) may include parameter controls that—

(A)

allow for exclusions based on scheduling availability;

(B)

allow for controls based on military rank; and

(C)

allow for controls to promote gender, racial, and ethnic diversity and inclusion.

; and

(3)

in paragraph (4), as so redesignated, by—

(A)

striking the first sentence; and

(B)

striking when he is and inserting when the member is.

524.

Petition for DNA testing under the Uniform Code of Military Justice

(a)

In general

Subchapter IX of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 873 (article 73) the following new section (article):

873a. Art. 73a.

Petition for DNA testing

(a)

In general

Upon a written petition by an accused sentenced to imprisonment or death pursuant to a conviction under this chapter (referred to in this section as the applicant), the Judge Advocate General shall order DNA testing of specific evidence if the Judge Advocate General finds that all of the following apply:

(1)

The applicant asserts, under penalty of perjury, that the applicant is actually innocent of the offense for which the applicant is sentenced to imprisonment or death.

(2)

The specific evidence to be tested was secured in relation to the investigation or prosecution of the offense referenced in the applicant’s assertion under paragraph (1).

(3)

The specific evidence to be tested—

(A)

was not previously subjected to DNA testing and the applicant did not knowingly fail to request DNA testing of that evidence in a prior motion for postconviction DNA testing; or

(B)

was previously subjected to DNA testing and the applicant is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing.

(4)

The specific evidence to be tested is in the possession of the Government and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing.

(5)

The proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices.

(6)

The applicant identifies a theory of defense that—

(A)

is not inconsistent with an affirmative defense presented at trial; and

(B)

would establish the actual innocence of the applicant of the offense referenced in the applicant’s assertion under paragraph (1).

(7)

If the applicant was convicted following a trial, the identity of the perpetrator was at issue in the trial.

(8)

The proposed DNA testing of the specific evidence may produce new material evidence that would—

(A)

support the theory of defense referenced in paragraph (6); and

(B)

raise a reasonable probability that the applicant did not commit the offense.

(9)

The applicant certifies that the applicant will provide a DNA sample for purposes of comparison.

(10)

The petition is made in a timely fashion, subject to the following conditions:

(A)

There shall be a rebuttable presumption of timeliness if the petition is made within five years of the enactment of the National Defense Authorization Act for Fiscal Year 2022 or within three years after the date of the entry of judgment under section 860c of this title (article 60c), whichever comes later. Such presumption may be rebutted upon a showing—

(i)

that the applicant’s petition for a DNA test is based solely upon information used in a previously denied motion; or

(ii)

of clear and convincing evidence that the applicant’s filing is done solely to cause delay or harass.

(B)

There shall be a rebuttable presumption against timeliness for any petition not satisfying subparagraph (A) above. Such presumption may be rebutted upon the Judge Advocate General’s finding—

(i)

that the applicant was or is incompetent and such incompetence substantially contributed to the delay in the applicant’s motion for a DNA test;

(ii)

the evidence to be tested is newly discovered DNA evidence;

(iii)

that the applicant’s petition is not based solely upon the applicant’s own assertion of innocence and, after considering all relevant facts and circumstances surrounding the petition, a denial would result in a manifest injustice; or

(iv)

upon good cause shown.

(C)

For purposes of this paragraph—

(i)

the term incompetence has the meaning given that term in section 876b of this chapter (article 76b);

(ii)

the term manifest means that which is unmistakable, clear, plain, or indisputable and requires that the opposite conclusion be clearly evident.

(b)

Appeal of denial

The applicant may appeal the Judge Advocate General’s denial of the petition of DNA testing to the Court of Appeals for the Armed Forces.

(c)

Evidence inventory; preservation order; appointment of counsel

(1)

Inventory

The Judge Advocate General shall order the preparation of an inventory of the evidence related to the case for which a petition is made under subsection (a), which shall be provided to the applicant.

(2)

Preservation order

To the extent necessary to carry out proceedings under this section, the Judge Advocate General shall direct the preservation of the specific evidence relating to a petition under subsection (a).

(3)

Appointment of counsel

The applicant shall be eligible for representation by appellate defense counsel under section 870 of this chapter (article 70).

(d)

Testing costs

The costs of any DNA testing ordered under this section shall be paid by the Government.

(e)

Time limitation in capital cases

In any case in which the applicant is sentenced to death—

(1)

any DNA testing ordered under this section shall be completed not later than 60 days after the date on which the test is ordered by the Judge Advocate General; and

(2)

not later than 120 days after the date on which the DNA testing ordered under this section is completed, the Judge Advocate General shall order any post-testing procedures under subsection (f) or (g), as appropriate.

(f)

Disclosure of test results

Reporting of test results shall be simultaneously disclosed to the Government and the applicant.

(g)

Post-testing procedures; inconclusive and inculpatory results

(1)

Inconclusive results

If DNA test results obtained under this section are inconclusive, the Judge Advocate General may order further testing, if appropriate, or may deny the applicant relief.

(2)

Inculpatory results

If DNA test results obtained under this section show that the applicant was the source of the DNA evidence, the Judge Advocate General shall—

(A)

deny the applicant relief; and

(B)

if the DNA test results relate to a State offense, forward the finding to any appropriate State official.

(h)

Post-testing procedures; motion for new trial or resentencing

(1)

In general

Notwithstanding any provision of law that would bar a motion under this paragraph as untimely, if DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, the applicant may file a petition for a new trial or resentencing, as appropriate.

(2)

Standard for granting motion for new trial or resentencing

The applicant’s petition for a new trial or resentencing, as appropriate, shall be granted if the DNA test results, when considered with all other evidence in the case (regardless of whether such evidence was introduced at trial), establish by compelling evidence that a new trial would result in the acquittal of the applicant.

(i)

Relationship to other laws

(1)

Post-conviction relief

Nothing in this section shall affect the circumstances under which a person may obtain DNA testing or post-conviction relief under any other provision of law.

(2)

Habeas corpus

Nothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding.

.

(b)

Clerical amendment

The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 873 (article 73) the following new item:

873a. 73a. Petition for DNA testing.

.

525.

Punitive article on violent extremism

(a)

Violent extremism

(1)

In general

Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 916 (article 116 of the Uniform Code of Military Justice) the following new section (article):

916a.

Art. 116a. violent extremism

(a)

Prohibition

Any person subject to this chapter who—

(1)

knowingly commits a covered offense against—

(A)

the Government of the United States; or

(B)

any person or class of people;

(2)
(A)

with the intent to intimidate or coerce any person or class of people; or

(B)

with the intent to influence, affect, or retaliate against the policy or conduct of the Government of the United States or any State; and

(3)

does so—

(A)

to achieve political, ideological, religious, social, or economic goals; or

(B)

in the case of an act against a person or class of people, for reasons relating to the race, religion, color, ethnicity, sex, age, disability status, national origin, sexual orientation, or gender identity of the person or class of people concerned;

is guilty of violent extremism and shall be punished as a court-martial may direct.
(b)

Attempts, solicitation, and conspiracy

Any person who attempts, solicits, or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.

(c)

Definitions

In this section:

(1)

Covered offense

The term covered offense means—

(A)

loss, damage, destruction, or wrongful disposition of military property of the United States, in violation of section 908 of this title (article 108);

(B)

waste, spoilage, or destruction of property other than military property of the United States, in violation of section 909 of this title (article 109);

(C)

communicating threats, in violation of section 915 of this title (article 115);

(D)

riot or breach of peace, in violation of section 916 of this title (article 116);

(E)

provoking speech or gestures, in violation of section 917 of this title (article 117);

(F)

murder, in violation of section 918 of this title (article 118);

(G)

manslaughter, in violation of section 919 of this title (article 119);

(H)

larceny or wrongful appropriation, in violation of section 921 of this title (article 121);

(I)

robbery, in violation of section 922 of this title (article 122);

(J)

kidnapping, in violation of section 925 of this title (article 125);

(K)

assault, in violation of section 928 of this title (article 128);

(L)

conspiracy to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 881 of this title (article 81);

(M)

solicitation to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 882 of this title (article 82); or

(N)

an attempt to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 880 of this title (article 80).

(2)

State

The term State includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other possession or territory of the United States.

.

(2)

Clerical amendment

The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 916 (article 116) the following new item:

916a. 116a. Violent extremism.

.

(b)

Effective date

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to offenses committed on or after such date.

526.

Clarifications of procedure in investigations of personnel actions taken against members of the Armed Forces in retaliation for protected communications

(a)

In general

Subparagraphs (D) and (E) of paragraph (4) of section 1034(c) of title 10, United States Code, are amended to read as follows:

(D)
(i)

Upon determining that an investigation of an allegation under paragraph (1) is warranted, the Inspector General making the determination shall expeditiously investigate the allegation to determine whether the protected communication or activity under subsection (b) was a contributing factor in the personnel action prohibited under subsection (b) that was taken or withheld (or threatened to be taken or withheld) against a member of the armed forces.

(ii)

In the case of a determination made by the Inspector General of the Department of Defense, that Inspector General may delegate responsibility for the investigation to an appropriate Inspector General of a military department.

(iii)

The member alleging the prohibited personnel action may use circumstantial evidence to demonstrate that the protected communication or activity under subsection (b) was a contributing factor in the personnel action prohibited under subsection (b). Such circumstantial evidence may include that the person taking such prohibited personnel action knew of the protected communication or activity, and that the prohibited personnel action occurred within a period of time such that a reasonable person could conclude that the communication or protected activity was a contributing factor in the personnel action.

(iv)

If the Inspector General determines it likelier than not that the member made a communication or participated in an activity protected under subsection (b) that was a contributing factor in a personnel action described in such subsection, the Inspector General shall presume such personnel action to be prohibited under such subsection unless the Inspector General determines there is clear and convincing evidence that the same personnel action would have occurred in the absence of such protected communication or activity.

(E)

If the Inspector General preliminarily determines in an investigation under subparagraph (D) that a personnel action prohibited under subsection (b) has occurred and that such personnel action shall result in an immediate hardship to the member alleging the personnel action, the Inspector General shall promptly notify the Secretary of the military department concerned or the Secretary of Homeland Security, as applicable, of the hardship, and such Secretary shall take such action as such Secretary determines appropriate.

.

(b)

Technical amendments

Such paragraph is further amended in subparagraphs (A) and (B) by striking subsection (h) both places it appears and inserting subsection (i).

527.

Activities to improve family violence prevention and response

(a)

Delegation of authority to authorize exceptional eligibility for certain benefits

Paragraph (4) of section 1059(m) of title 10, United States Code, is amended to read as follows:

(4)
(A)

Except as provided in subparagraph (B), the authority of the Secretary concerned under paragraph (1) may not be delegated.

(B)

During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph (1) may be delegated to an official at the Assistant Secretary-level or above. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.

.

(b)

Extension of requirement for annual Family Advocacy Program report regarding child abuse and domestic violence

Section 574(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141) is amended by striking April 30, 2021 and inserting April 30, 2026.

(c)

Implementation of Comptroller General recommendations

(1)

In general

Consistent with the recommendations set forth in the report of the Comptroller General of the United States titled Domestic Abuse: Actions Needed to Enhance DOD’s Prevention, Response, and Oversight (GAO–21–289), the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out the activities specified in subparagraphs (A) through (K).

(A)

Domestic abuse data

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out each of the following:

(i)

Issue guidance to the Secretaries of the military departments to clarify and standardize the process for collecting and reporting data on domestic abuse in the Armed Forces, including—

(I)

data on the numbers and types of domestic abuse and domestic violence incidents involving members of the Armed Forces;

(II)

the information required to be reported to the database on domestic violence incidents under section 1562 of title 10, United States Code; and

(III)

data for inclusion in the reports regarding child abuse and domestic violence required to be submitted under section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141).

(ii)

Develop a quality control process to ensure the accurate and complete reporting of data on allegations of abuse involving a member of the Armed Forces, including allegations of abuse that do not meet the Department of Defense definition of domestic abuse.

(iii)

Expand the scope of any reporting to Congress that includes data on domestic abuse in the Armed Forces to include data on and analysis of the types of allegations of domestic abuse.

(B)

Domestic violence and command action data

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall—

(i)

evaluate the organizations and elements of the Department of Defense that are responsible for tracking domestic violence incidents and the command actions taken in response to such incidents to determine if there are actions that may be carried out to—

(I)

eliminate gaps and redundancies in the activities of such organizations;

(II)

ensure consistency in the approaches of such organizations to the tracking of such incidents and actions; and

(III)

otherwise improve the tracking of such incidents and actions across the Department; and

(ii)

based on the evaluation under clause (i), clarify or adjust—

(I)

the duties of such organizations and elements; and

(II)

the manner in which such organizations and elements coordinate their activities.

(C)

Regulations for violation of civilian orders of protection

The Secretary of Defense shall revise or issue regulations (as applicable) to ensure that each Secretary of a military department provides, to any member of the Armed Forces under the jurisdiction of such Secretary who is subject to a civilian order of protection, notice that the violation of such order may be punishable under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

(D)

Agreements with civilian victim service organizations

(i)

Guidance required

The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance pursuant to which personnel of a Family Advocacy Program at a military installation may enter into memoranda of understanding with qualified civilian victim service organizations for purposes of providing services to victims of domestic abuse in accordance with clause (ii).

(ii)

Contents of agreement

A memorandum of understanding entered into under clause (i) shall provide that personnel of a Family Advocacy Program at a military installation may refer a victim of domestic abuse to a qualified civilian victim service organization if such personnel determine that—

(I)

the services offered at the installation are insufficient to meet the victim’s needs; or

(II)

such a referral would otherwise benefit the victim.

(E)

Screening and reporting of initial allegations

The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a standardized process—

(i)

to ensure consistency in the manner in which allegations of domestic abuse are screened and documented at military installations, including by ensuring that allegations of domestic abuse are documented regardless of the severity of the incident;

(ii)

that uses a risk-based approach to consistently identify, from among such allegations of domestic abuse, the allegations that should be presented to an Incident Determination Committee; and

(iii)

to ensure consistency in the form and manner in which such allegations are presented to Incident Determination Committees.

(F)

Implementation and oversight of Incident Determination Committees

(i)

Implementation

The Secretary of Defense, in consultation with the Secretaries of the military departments, shall ensure that Incident Determination Committees are fully implemented within each Armed Force.

(ii)

Oversight and monitoring

The Secretary of Defense shall—

(I)

direct the Under Secretary of Defense for Personnel and Readiness to conduct oversight of the activities of the Incident Determination Committees of the Armed Forces on an ongoing basis; and

(II)

establish a formal process through which the Under Secretary will monitor Incident Determination Committees to ensure that the activities of such Committees are conducted in an consistent manner in accordance with the applicable policies of the Department of Defense and the Armed Forces.

(G)

Reasonable suspicion standard for incident reporting

Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue regulations—

(i)

under which the personnel of a Family Advocacy Program shall be required to report an allegation of domestic abuse to an Incident Determination Committee if there is reasonable suspicion that the abuse occurred; and

(ii)

that fully define and establish standardized criteria for determining whether an allegation of abuse meets the reasonable suspicion standard referred to in clause (i).

(H)

Guidance for victim risk assessment

The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance that—

(i)

identifies the risk assessment tools that must be used by Family Advocacy Program personnel to assess reports of domestic abuse; and

(ii)

establishes minimum qualifications for the personnel responsible for using such tools.

(I)

Improving Family Advocacy Program awareness campaigns

The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement—

(i)

a communications strategy to support the Armed Forces in increasing awareness of the options and resources available for reporting incidents of domestic abuse; and

(ii)

metrics to evaluate the effectiveness of domestic abuse awareness campaigns within the Department of Defense and the Armed Forces, including by identifying a target audience and defining measurable objectives for such campaigns.

(J)

Assessment of the disposition model for domestic violence

As part of the independent analysis required by section 549C of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) the Secretary of Defense shall include an assessment of—

(i)

the risks and consequences of the disposition model for domestic violence in effect as of the date of the enactment of this Act, including the risks and consequences of such model with respect to—

(I)

the eligibility of victims for transitional compensation and other benefits; and

(II)

the eligibility of perpetrators of domestic violence to possess firearms and any related effects on the military service of such individuals; and

(ii)

the feasibility and advisability establishing alternative disposition models for domestic violence, including an assessment of the advantages and disadvantages of each proposed model.

(K)

Family Advocacy Program training

(i)

Training for commanders and senior enlisted advisors

The Secretary of Defense, in consultation with the Secretaries of the military departments, shall—

(I)

ensure that the Family Advocacy Program training provided to installation-level commanders and senior enlisted advisors of the Armed Forces meets the applicable requirements of the Department of Defense; and

(II)

shall provide such additional guidance and sample training materials as may be necessary to improve the consistency of such training.

(ii)

Training for chaplains

The Secretary of Defense shall—

(I)

require that chaplains of the Armed Forces receive Family Advocacy Program training;

(II)

establish content requirements and learning objectives for such training; and

(III)

provide such additional guidance and sample training materials as may be necessary to effectively implement such training.

(iii)

Training completion data

The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a process to ensure the quality and completeness of data indicating whether members of the Armed Forces who are required to complete Family Advocacy Program training, including installation-level commanders and senior enlisted advisors, have completed such training.

(2)

General implementation date

Except as otherwise provided in paragraph (1), the Secretary of Defense shall complete the implementation of the activities specified in such paragraph by not later than one year after the date of the enactment of this Act.

(3)

Quarterly status report

Not later than 90 days after the date of the enactment of this Act and on a quarterly basis thereafter until the date on which all of the activities specified in paragraph (1) have been implemented, the Secretary of Defense shall submit to the appropriate congressional committees a report on the status of the implementation of such activities.

(d)

Improving awareness regarding family advocacy programs and other similar services

(1)

Pilot program on information for families enrolling in DEERS

The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of various mechanisms to inform military families about the Family Advocacy Programs and resiliency training of the Armed Forces during their enrollment in the Defense Enrollment Eligibility Reporting System. The matters assessed by the pilot program shall include the following:

(A)

An option for training members of military families on the Family Advocacy Programs.

(B)

Mechanisms for providing such family members with information on—

(i)

the resources available through the Family Advocacy Programs of the Armed Forces;

(ii)

the Military OneSource program of the Department of Defense;

(iii)

resources relating to domestic abuse and child abuse and neglect that are available through local community service organizations; and

(iv)

the availability of the Military and Family Life Counseling Program.

(C)

Steps that may be taken to better inform such family members of the option to make a restricted report or an unrestricted report to a Family Advocacy Program, including information on the difference between such reports.

(2)

Information on services for military families

Each Secretary of a military department shall ensure that a military family member who reports an incident of domestic abuse or child abuse and neglect to a Family Advocacy Program under the jurisdiction of such Secretary receives comprehensive information, in a clear and easily understandable format, on the services available to such family member in connection with such incident. Such information shall include a complete guide to the following:

(A)

The Family Advocacy Program of the Armed Force or military department concerned.

(B)

Military law enforcement services, including an explanation of the process that follows a report of an incident of domestic abuse or child abuse or neglect.

(C)

Other applicable victim services.

(e)

Reports on staffing levels for family advocacy programs

(1)

In general

Not later than 180 days after the date on which the staffing tool described in paragraph (2) becomes operational, and on an annual basis thereafter for the following five years, the Secretary of Defense shall submit to the appropriate congressional committees a report setting forth the following:

(A)

Military, civilian, and contract support staffing levels for the Family Advocacy Programs of the Armed Forces at each military installation so staffed as of the date of the report.

(B)

Recommendations for ideal staffing levels for the Family Advocacy Programs, as identified by the staffing tool.

(2)

Staffing tool described

The staffing tool described in this paragraph is a tool that—

(A)

is under development as of the date of the enactment of this Act pursuant to an agreement between the Department of Defense and Pennsylvania State University; and

(B)

will be used to assist the Department in determining adequate staffing levels for Family Advocacy Programs.

(3)

Comptroller General review

(A)

In general

Following the submission of the first annual report required under paragraph (1), the Comptroller General of the United States shall conduct a review of the staffing of the Family Advocacy Programs of the Armed Forces.

(B)

Elements

The review conducted under subparagraph (A) shall include an assessment of each of the following:

(i)

The extent to which the Armed Forces have filled authorized billets for Family Advocacy program manager, clinician, and victim advocate positions.

(ii)

The extent to which the Armed Forces have experienced challenges filling authorized Family Advocacy Program positions, and how such challenges, if any, have affected the provision of services.

(iii)

The extent to which the Department of Defense and Armed Forces have ensured that Family Advocacy Program clinicians and victim advocates meet qualification and training requirements.

(iv)

The extent to which the Department of Defense has established metrics to evaluate the effectiveness of the staffing tool described in paragraph (2).

(C)

Briefing and report

(i)

Briefing

Not later than one year following the submission of the first annual report required under paragraph (1), the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the preliminary observations made by the Comptroller General as part of the review required under subparagraph (A).

(ii)

Report

Not later than 90 days after the date of the briefing under clause (i), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under subparagraph (A).

(f)

Study and report on initial entry points

(1)

Study

The Secretary of Defense shall conduct a study to identify initial entry points (including anonymous entry points) through which military family members may seek information or support relating to domestic abuse or child abuse and neglect. Such study shall include an assessment of—

(A)

points at which military families interact with the Armed Forces or the Department of Defense through which such information or support may be provided to family members, including points such as enrollment in the Defense Enrollment Eligibility Reporting System, and the issuance of identification cards; and

(B)

other existing and potential routes through which such family members may seek information or support from the Armed Forces or the Department, including online chat rooms, text-based support capabilities, and software applications for smartphones.

(2)

Report

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of the study conducted under paragraph (1).

(g)

Inspector General report

Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the Secretary of Defense and to the Committees on Armed Services of the Senate and the House of Representatives a report that—

(1)

evaluates the progress of the Secretary of Defense in carrying out this section; and

(2)

identifies any actions the Secretary is taking improve the practices of military installations with respect to the prevention and response to domestic abuse and child abuse and neglect among military families.

(h)

Definitions

In this section:

(1)

The term appropriate congressional committees means—

(A)

the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and

(B)

the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

(2)

The term civilian order of protection has the meaning given that term in section 1561a of title 10, United States Code.

(3)

The term disposition model for domestic violence means the process to determine—

(A)

the disposition of charges of an offense of domestic violence under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice); and

(B)

consequences of such disposition for members of the Armed Forces determined to have committed such offense and the victims of such offense.

(4)

The term Incident Determination Committee means a committee established at a military installation that is responsible for reviewing reported incidents of domestic abuse and determining whether such incidents constitute harm to the victims of such abuse according to the applicable criteria of the Department of Defense.

(5)

The term qualified civilian victim service organization means an organization outside the Department of Defense that—

(A)

is approved by the Secretary of Defense for the purpose of providing legal or other services to victims of domestic abuse; and

(B)

is located in a community surrounding a military installation.

(6)

The term risk assessment tool means a process or technology that may be used to evaluate a report of an incident of domestic abuse to determine the likelihood that the abuse will escalate or recur.

528.

Mandatory notification of members of the Armed Forces identified in certain records of criminal investigations

(a)

In general

Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section:

1567b.

Mandatory notification of members of the armed forces and reserve components identified in certain records of criminal investigations

(a)

Notification of inclusion MCIO records

As soon as practicable after the conclusion of a criminal investigation by a military criminal investigative organization, the head of such organization shall provide, to any member or former member of the armed forces and reserve components who is designated in the records of the organization as a subject of such investigation, written notice of such designation.

(b)

Initial notification of previous inclusion in MCIO records

Not later than 180 days after the date of the enactment of this section, the head of each military criminal investigative organization shall provide, to any member or former member of the armed forces and reserve components who is designated in the records of the organization as a subject of a criminal investigation that is closed as of such date, written notice of such designation.

(c)

Contents of notice

Each notice provided under subsection (a) and (b) shall include the following information—

(1)

The date on which the member was designated as a subject of a criminal investigation in the records of the military criminal investigative organization.

(2)

Identification of each crime for which the member was investigated, including a citation to each provision of chapter 47 of this title (the Uniform Code of Military Justice) that the member was suspected of violating, if applicable.

(3)

Instructions on how the member may seek removal of the record in accordance with subsection (d).

(d)

Removal of record

The Secretary of Defense shall—

(1)

establish a process through which a member of the armed forces and reserve components who receives a notice under subsection (a) or (b) may request the removal of the record that is the subject of such notice; and

(2)

issue uniform guidance, applicable to all military criminal investigative organizations, specifying the conditions under which such a record may be removed.

(e)

Military criminal investigative organization defined

In this section, the term military criminal investigative organization means any organization or element of the Department of Defense or an armed force that is responsible for conducting criminal investigations, including—

(1)

the Army Criminal Investigation Command;

(2)

the Naval Criminal Investigative Service;

(3)

the Air Force Office of Special Investigations;

(4)

the Coast Guard Investigative Service; and

(5)

the Defense Criminal Investigative Service.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

1567b. Mandatory notification of members of the armed forces and reserve components identified in certain records of criminal investigations.

.

529.

Authority of military judges and military magistrates to issue military court protective orders

(a)

Judge-issued military court protective orders

Chapter 80 of title 10, United Stated Code, is amended by adding at the end the following new section:

1567b.

Authority of military judges and military magistrates to issue military court protective orders

(a)

Authority to issue military court protective orders

The President shall prescribe regulations authorizing military judges and military magistrates to issue protective orders in accordance with this section. A protective order issued in accordance with this section shall be known as a military court protective order. Under the regulations prescribed by the President, military judges and military magistrates shall have exclusive jurisdiction over the issuance, appeal, renewal, and termination of military court protective orders and such orders may not be issued, appealed, renewed, or terminated by State, local, territorial, or tribal courts.

(b)

Enforcement by civilian authorities

(1)

In general

In prescribing regulations for military court protective orders, the President shall seek to ensure that the protective orders are issued in a form and manner that is enforceable by State, local, territorial, and tribal civilian law enforcement authorities.

(2)

Full faith and credit

Any military court protective order shall be accorded full faith and credit by the court of a State, local, territorial, or tribal jurisdiction (the enforcing jurisdiction) and enforced by the court and law enforcement personnel of that jurisdiction as if it were the order of the enforcing jurisdiction.

(3)

Reciprocity agreements

Consistent with paragraphs (1) and (2), the Secretary of Defense shall seek to enter into reciprocity agreements with State, local, territorial, and tribal civilian law enforcement authorities under which—

(A)

such authorities agree to enforce military court protective orders; and

(B)

the Secretary agrees to enforce protective orders issued by such authorities that are consistent with section 2265(b) of title 18.

(c)

Purpose and form of issuance

A military court protective order—

(1)

may be issued for the purpose of protecting a victim of an alleged covered offense, or a family member or associate of the victim, from a person subject to chapter 47 of this title (the Uniform Code of Military Justice) who is alleged to have committed such an offense; and

(2)

shall include—

(A)

a finding regarding whether such person represents a credible threat to the physical safety of such alleged victim;

(B)

a finding regarding whether the alleged victim is an intimate partner or child of such person; and

(C)

if applicable, terms explicitly prohibiting the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily injury against such intimate partner or child.

(d)

Burden of proof

In determining whether to issue a military court protective order, a military judge or military magistrate shall make all relevant findings by a preponderance of the evidence. The burden shall be on the party requesting the order to produce sufficient information to satisfy the preponderance of the evidence standard referred to in the preceding sentence.

(e)

Timing and manner of issuance

A military court protective order may be issued—

(1)

by a military magistrate, before referral of charges and specifications to court-martial for trial, at the request of—

(A)

a victim of an alleged covered offense; or

(B)

a Special Victims’ Counsel or other qualified counsel acting on behalf of the victim; or

(2)

by a military judge, after referral of charges and specifications to court-martial for trial, at the request of qualified counsel, which may include a Special Victims’ Counsel acting on behalf of the victim or trial counsel acting on behalf of the prosecution.

(f)

Duration and renewal of protective order

(1)

Duration

A military court protective order shall be issued for an initial period of up to 180 days and may be reissued for one or more additional periods, each of which may be up to 180 days, in accordance with paragraph (2).

(2)

Expiration and renewal

Before the expiration of any period during which a military court protective order is in effect, a military judge or military magistrate shall review the order to determine whether the order will terminate at the expiration of such period or be reissued for an additional period of up to 180 days.

(3)

Notice to protected persons

If a military judge or military magistrate determines under paragraph (2) that a military court protective order will terminate, the judge or magistrate concerned shall direct that each person protected by the order be provided with reasonable, timely, and accurate notification of the termination.

(g)

Review of magistrate-issued orders

(1)

Review

A military judge, at the request of the person subject to a military court protective order that was issued by a military magistrate, may review the order to determine if the order was properly issued by the magistrate.

(2)

Standards of review

A military judge who reviews an order under paragraph (1) shall terminate the order if the judge determines that—

(A)

the military magistrate’s decision to issue the order was an abuse of discretion, and there is not sufficient information presented to the military judge to justify the order; or

(B)

information not presented to the military magistrate establishes that the military court protective order should be terminated.

(h)

Due process

(1)

Protection of due process

Except as provided in paragraph (2), a protective order authorized under subsection (a) may be issued only after reasonable notice and opportunity to be heard and to present evidence, directly or through counsel, is given to the person against whom the order is sought sufficient to protect that person's right to due process.

(2)

Emergency orders

A protective order on an emergency basis may be issued on an ex parte basis under such rules and limitations as the President shall prescribe. In the case of ex parte orders, notice and opportunity to be heard and to present evidence must be provided within a reasonable time not to exceed 30 calendar days after the date on which the order is issued, sufficient to protect the respondent's due process rights.

(i)

Rights of victim

The victim of an alleged covered offense who seeks a military court protective order has, in addition to any rights provided under section 806b (article 6b), the following rights with respect to any proceeding involving the protective order:

(1)

The right to reasonable, accurate, and timely notice of the proceeding and of any change in the status of the protective order resulting from the proceeding.