skip to main content

S. 1605: National Defense Authorization Act for Fiscal Year 2022


The text of the bill below is as of Dec 8, 2021 (Passed the House with an Amendment).

Summary of this bill

This is the yearly military spending policy bill, which governs how military and related federal appropriations can be spent under the law.

This bill was previously a companion bill to H.R. 49, but its text was completely replaced with the military spending provisions in the Dec. 7, 2021 House vote, after H.R. 49 was enacted.


117th CONGRESS

1st Session

In the House of Representatives, U. S.,

December 8 (legislative day, December 7), 2021

AMENDMENT:

That the bill from the Senate (S. 1605) entitled An Act to designate the National Pulse Memorial located at 1912 South Orange Avenue in Orlando, Florida, and for other purposes., do pass with the following

Strike out all after the enacting clause and insert:

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 six divisions as follows:

(1)

Division A—Department of Defense Authorizations.

(2)

Division B—Military Construction Authorizations.

(3)

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

(4)

Division D—Funding Tables.

(5)

Division E—Department of State Authorization

(6)

Division F—Other Non-Department of Defense Matters.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees.

Sec. 4. Budgetary effects of this Act.

Sec. 5. Explanatory statement.

Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

Title I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Sec. 111. Modification of deployment by the Army of interim cruise missile defense capability.

Sec. 112. Multiyear procurement authority for AH–64E Apache helicopters.

Sec. 113. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters.

Sec. 114. Continuation of Soldier Enhancement Program.

Sec. 115. Limitation on availability of funds pending report on the Integrated Visual Augmentation System.

Sec. 116. Strategy and authority for the procurement of components for the next generation squad weapon.

Subtitle C—Navy Programs

Sec. 121. Extension of procurement authority for certain amphibious shipbuilding programs.

Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers.

Sec. 123. Extension of report on Littoral Combat Ship mission packages.

Sec. 124. Incorporation of advanced degaussing systems into Arleigh Burke class destroyers.

Sec. 125. Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers.

Sec. 126. Acquisition, modernization, and sustainment plan for carrier air wings.

Sec. 127. Report on material readiness of Virginia class submarines of the Navy.

Subtitle D—Air Force Programs

Sec. 131. Extension of inventory requirement for Air Force fighter aircraft.

Sec. 132. Contract for logistics support for VC–25B aircraft.

Sec. 133. Prohibition on certain reductions to B–1 bomber aircraft squadrons.

Sec. 134. Prohibition on use of funds for retirement of A–10 aircraft.

Sec. 135. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program.

Sec. 136. Limitation on availability of funds pending information on bridge tanker aircraft.

Sec. 137. Inventory requirements and limitations relating to certain air refueling tanker aircraft.

Sec. 138. Minimum inventory of tactical airlift aircraft.

Sec. 139. Report relating to reduction of total number of tactical airlift aircraft.

Subtitle E—Defense-wide, Joint, and Multiservice Matters

Sec. 141. Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program.

Sec. 142. Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy.

Sec. 143. Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities.

Sec. 144. Limitation on availability of funds for procurement of aircraft systems for the armed overwatch program.

Sec. 145. Analysis of certain radar investment options.

Sec. 146. Review and briefing on fielded major weapon systems.

Sec. 147. Reports on exercise of waiver authority with respect to certain aircraft ejection seats.

Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Codification of National Defense Science and Technology Strategy.

Sec. 212. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders.

Sec. 213. Duties and regional activities of the Defense Innovation Unit.

Sec. 214. Codification of requirement for Defense Established Program to Stimulate Competitive Research.

Sec. 215. Codification of authorities relating to Department of Defense science and technology reinvention laboratories.

Sec. 216. Improvements relating to steering committee on emerging technology and national security threats.

Sec. 217. Improvements relating to national network for microelectronics research and development.

Sec. 218. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions.

Sec. 219. Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense.

Sec. 220. Defense research and engineering activities at minority institutions.

Sec. 221. Test program for engineering plant of DDG(X) destroyer vessels.

Sec. 222. Consortium to study irregular warfare.

Sec. 223. Development and implementation of digital technologies for survivability and lethality testing.

Sec. 224. Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft.

Sec. 225. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base.

Sec. 226. Review of artificial intelligence applications and establishment of performance metrics.

Sec. 227. Modification of the joint common foundation program.

Sec. 228. Executive education on emerging technologies for senior civilian and military leaders.

Sec. 229. Activities to accelerate development and deployment of dual-use quantum technologies.

Sec. 230. National Guard participation in microreactor testing and evaluation.

Sec. 231. Pilot program on the use of private sector partnerships to promote technology transition.

Sec. 232. Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense.

Sec. 233. Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations.

Sec. 234. Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis.

Sec. 235. Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity.

Sec. 236. Limitation on availability of funds for certain C–130 aircraft.

Sec. 237. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation.

Sec. 238. Limitation on availability of funds for the High Accuracy Detection and Exploitation System.

Subtitle C—Plans, Reports, and Other Matters

Sec. 241. Modification to annual report of the Director of Operational Test and Evaluation.

Sec. 242. Adaptive engine transition program acquisition strategy for the F–35A aircraft.

Sec. 243. Acquisition strategy for an advanced propulsion system for F–35B and F–35C aircraft.

Sec. 244. Assessment of the development and test enterprise of the Air Force Research Laboratory.

Sec. 245. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories.

Sec. 246. Report on autonomy integration in major weapon systems.

Sec. 247. Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense.

Title III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

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

Sec. 312. Energy efficiency targets for Department of Defense data centers.

Sec. 313. Grants for maintaining or improving military installation resilience.

Sec. 314. Maintenance of current analytical tools in evaluating energy resilience measures.

Sec. 315. Authority to transfer amounts derived from energy cost savings.

Sec. 316. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States.

Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience.

Sec. 318. Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i.

Sec. 319. Energy, water, and waste net-zero requirement for major military installations.

Sec. 320. Demonstration program on domestic production of rare earth elements from coal byproducts.

Sec. 321. Long-duration demonstration initiative and joint program.

Sec. 322. Pilot program to test new software to track emissions at certain military installations.

Sec. 323. Department of Defense plan to reduce greenhouse gas emissions.

Subtitle C—National Security Climate Resilience

Sec. 331. Definitions.

Sec. 332. Climate Resilience Infrastructure Initiative of the Department of Defense.

Sec. 333. Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base.

Sec. 334. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense.

Sec. 335. Assessment of climate risks to infrastructure of Department of Defense.

Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances

Sec. 341. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances.

Sec. 342. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry.

Sec. 343. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam.

Sec. 344. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam.

Sec. 345. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances.

Sec. 346. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam.

Sec. 347. Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances.

Sec. 348. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances.

Sec. 349. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations.

Subtitle E—Logistics and Sustainment

Sec. 351. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand.

Sec. 352. Global bulk fuel management and delivery.

Sec. 353. Test and evaluation of potential biobased solution for corrosion control and mitigation.

Sec. 354. Pilot program on digital optimization of organic industrial base maintenance and repair operations.

Sec. 355. Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy.

Sec. 356. Report and certification requirements regarding sustainment costs for fighter aircraft programs.

Sec. 357. Comptroller General annual reviews of F–35 sustainment efforts.

Subtitle F—Reports

Sec. 361. Inclusion of information regarding borrowed military manpower in readiness reports.

Sec. 362. Annual report on material readiness of Navy ships.

Sec. 363. Incident reporting requirements for Department of Defense regarding lost or stolen weapons.

Sec. 364. Strategy and annual report on critical language proficiency of special operations forces.

Subtitle G—Other Matters

Sec. 371. Military Aviation and Installation Assurance Clearinghouse matters.

Sec. 372. Establishment of Joint Safety Council.

Sec. 373. Improvements and clarifications related to military working dogs.

Sec. 374. Extension of temporary authority to extend contracts and leases under the ARMS Initiative.

Sec. 375. Authority to maintain access to category 3 subterranean training facility.

Sec. 376. Accident Investigation Review Board.

Sec. 377. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents.

Sec. 378. Requirements relating to emissions control tactics, techniques, and procedures.

Sec. 379. Management of fatigue among crew of naval surface ships and related improvements.

Sec. 380. Authority for activities to improve next generation radar systems capabilities.

Sec. 381. Pilot program on military working dog and explosives detection canine health and excellence.

Sec. 382. Department of Defense response to military lazing incidents.

Title IV—Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revisions in permanent active duty end strength minimum levels.

Sec. 403. Additional authority to vary Space Force end strength.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.

Sec. 415. Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

Title V—Military Personnel Policy

Subtitle A— Officer Personnel Policy

Sec. 501. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements.

Sec. 502. Time in grade requirements.

Sec. 503. Authority to vary number of Space Force officers considered for promotion to major general.

Sec. 504. Seaman to Admiral-21 program: credit towards retirement.

Sec. 505. Independent assessment of retention of female surface warfare officers.

Sec. 506. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N).

Subtitle B—Reserve Component Management

Sec. 511. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers' Training Corps to include quantum information sciences.

Sec. 512. Prohibition on private funding for interstate deployment of National Guard.

Sec. 513. Access to Tour of Duty system.

Sec. 514. Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard.

Sec. 515. Continued National Guard support for FireGuard program.

Sec. 516. Enhancement of National Guard Youth Challenge Program.

Sec. 517. Report on methods to enhance support from the reserve components in response to catastrophic incidents.

Sec. 518. Study on reapportionment of National Guard force structure based on domestic responses.

Sec. 519. Briefing on Junior Reserve Officers’ Training Corps program.

Subtitle C—General Service Authorities and Military Records

Sec. 521. Reduction in service commitment required for participation in career intermission program of a military department.

Sec. 522. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments.

Sec. 523. Notice program relating to options for naturalization.

Sec. 524. Appeals to Physical Evaluation Board determinations of fitness for duty.

Sec. 525. Command oversight of military privatized housing as element of performance evaluations.

Sec. 526. Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States.

Sec. 527. Enhancements to national mobilization exercises.

Sec. 528. Temporary exemption from end strength grade restrictions for the Space Force.

Sec. 529. Report on exemptions and deferments for a possible military draft.

Sec. 529A. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service.

Sec. 529B. Study and report on administrative separation boards.

Subtitle D—Military Justice Reform

Part 1—Special Trial Counsel

Sec. 531. Special trial counsel.

Sec. 532. Policies with respect to special trial counsel.

Sec. 533. Definition of military magistrate, covered offense, and special trial counsel.

Sec. 534. Clarification relating to who may convene courts-martial.

Sec. 535. Detail of trial counsel.

Sec. 536. Preliminary hearing.

Sec. 537. Advice to convening authority before referral for trial.

Sec. 538. Former jeopardy.

Sec. 539. Plea agreements.

Sec. 539A. Determinations of impracticability of rehearing.

Sec. 539B. Applicability to the United States Coast Guard.

Sec. 539C. Effective date.

Part 2—Sexual Harassment; Sentencing Reform

Sec. 539D. Inclusion of sexual harassment as general punitive article.

Sec. 539E. Sentencing reform.

Part 3—Reports and other matters

Sec. 539F. Briefing and report on resourcing required for implementation.

Sec. 539G. Briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military.

Subtitle E—Other Military Justice and Legal Matters

Sec. 541. Rights of the victim of an offense under the Uniform Code of Military Justice.

Sec. 542. Conduct unbecoming an officer.

Sec. 543. Independent investigation of complaints of sexual harassment.

Sec. 544. Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons.

Sec. 545. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial.

Sec. 546. Civilian positions to support Special Victims’ Counsel.

Sec. 547. Plans for uniform document management system, tracking pretrial information, and assessing changes in law.

Sec. 548. Determination and reporting of members missing, absent unknown, absent without leave, and duty status-whereabouts unknown.

Sec. 549. Activities to improve family violence prevention and response.

Sec. 549A. Annual primary prevention research agenda.

Sec. 549B. Primary prevention workforce.

Sec. 549C. Reform and improvement of military criminal investigative organizations.

Sec. 549D. Military defense counsel.

Sec. 549E. Full functionality of Military Justice Review Panel.

Sec. 549F. Military service independent racial disparity review.

Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system.

Sec. 549H. DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims.

Sec. 549I. Extension of annual report regarding sexual assaults involving members of the Armed Forces.

Sec. 549J. Study and report on Sexual Assault Response Coordinator military occupational specialty.

Sec. 549K. Amendments to additional Deputy Inspector General of the Department of Defense.

Sec. 549L. Improved Department of Defense prevention of, and response to, bullying in the Armed Forces.

Sec. 549M. Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism.

Sec. 549N. Combating foreign malign influence.

Subtitle F—Member Education, Training, and Transition

Sec. 551. Troops-to-Teachers Program.

Sec. 552. Codification of human relations training for certain members of the Armed Forces.

Sec. 553. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a Member of Congress.

Sec. 554. Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired.

Sec. 555. Meetings of the Board of Visitors of a military service academy: votes required to call; held in person or remotely.

Sec. 556. Defense Language Institute Foreign Language Center.

Sec. 557. United States Naval Community College.

Sec. 558. Codification of establishment of United States Air Force Institute of Technology.

Sec. 559. Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits.

Sec. 559A. Regulations on certain parental guardianship rights of cadets and midshipmen.

Sec. 559B. Defense language continuing education program.

Sec. 559C. Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system.

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

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

Sec. 559F. Report on status of Army Tuition Assistance Program Army IgnitED program.

Sec. 559G. Briefing on cadets and midshipmen with speech disorders.

Subtitle G—Military Family Readiness and Dependents’ Education

Sec. 561. Expansion of support programs for special operations forces personnel and immediate family members.

Sec. 562. Improvements to the Exceptional Family Member Program.

Sec. 563. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel.

Sec. 564. Pilot program to establish employment fellowship opportunities for military spouses.

Sec. 565. Policy regarding remote military installations.

Sec. 566. Implementation of GAO recommendation on improved communication of best practices to engage military spouses with career assistance resources.

Sec. 567. Study on employment of military spouses.

Sec. 568. Briefing on efforts of commanders of military installations to connect military families with local entities that provide services to military families.

Sec. 569. Briefing on process to certify reporting of eligible federally connected children for purposes of Federal impact aid programs.

Sec. 569A. Briefing on legal services for families enrolled in the Exceptional Family Member Program.

Sec. 569B. GAO review of Preservation of the Force and Family Program of United States Special Operations Command: briefing; report.

Subtitle H—Diversity and Inclusion

Sec. 571. Reduction of gender-related inequities in costs of uniforms to members of the Armed Forces.

Sec. 572. Study on number of members of the Armed Forces who identify as Hispanic or Latino.

Sec. 573. Inclusion of military service academies, Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting.

Sec. 574. Extension of deadline for GAO report on equal opportunity at the military service academies.

Subtitle I—Decorations and Awards, Miscellaneous Reports, and Other Matters

Sec. 581. Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test.

Sec. 582. Authorizations for certain awards.

Sec. 583. Establishment of the Atomic Veterans Commemorative Service Medal.

Sec. 584. Updates and preservation of memorials to chaplains at Arlington National Cemetery.

Sec. 585. Reports on security force personnel performing protection level one duties.

Sec. 586. GAO study on tattoo policies of the Armed Forces.

Sec. 587. Briefing regarding best practices for community engagement in Hawaii.

Title VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. Basic needs allowance for members on active service in the Armed Forces.

Sec. 602. Equal incentive pay for members of the reserve components of the Armed Forces.

Sec. 603. Expansions of certain travel and transportation authorities.

Sec. 604. Repeal of expiring travel and transportation authorities.

Sec. 605. Requirements in connection with suspension of retired pay and retirement annuities.

Sec. 606. Report on relationship between basic allowance for housing and sizes of military families.

Sec. 607. Report on certain moving expenses for members of the Armed Forces.

Sec. 608. Report on temporary lodging expenses in competitive housing markets.

Sec. 609. Report on rental partnership programs.

Subtitle B—Bonus and Incentive Pays

Sec. 611. One-year extension of certain expiring bonus and special pay authorities.

Subtitle C—Family and Survivor Benefits

Sec. 621. Extension of paid parental leave.

Sec. 622. Bereavement leave for members of the Armed Forces.

Sec. 623. Travel and transportation allowances for family members to attend the funeral and memorial services of members.

Sec. 624. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care.

Sec. 625. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States.

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

Subtitle D—Defense Resale Matters

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

Subtitle E—Miscellaneous Rights and Benefits

Sec. 641. Alexander Lofgren Veterans in Parks program.

Title VII—Health Care Provisions

Subtitle A—TRICARE and Other Health Care Benefits

Sec. 701. Eating disorders treatment for certain members of the Armed Forces and dependents.

Sec. 702. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program.

Sec. 703. Revisions to TRICARE provider networks.

Sec. 704. Self-initiated referral process for mental health evaluations of members of the Armed Forces.

Sec. 705. Modifications to pilot program on health care assistance system.

Sec. 706. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program.

Sec. 707. Improvement of postpartum care for members of the Armed Forces and dependents.

Subtitle B—Health Care Administration

Sec. 711. Modification of certain Defense Health Agency organization requirements.

Sec. 712. Requirement for consultations relating to military medical research and Defense Health Agency Research and Development.

Sec. 713. Authorization of program to prevent fraud and abuse in the military health system.

Sec. 714. Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities.

Sec. 715. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

Sec. 716. Establishment of Department of Defense system to track and record information on vaccine administration.

Sec. 717. Exemption from required physical examination and mental health assessment for certain members of the reserve components.

Sec. 718. Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees.

Sec. 719. Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs.

Sec. 720. Department of Defense standards for exemptions from mandatory COVID–19 vaccines.

Sec. 721. Establishment of centers of excellence for enhanced treatment of ocular injuries.

Sec. 722. Implementation of integrated product for management of population health across military health system.

Sec. 723. Digital health strategy of Department of Defense.

Sec. 724. Development and update of certain policies relating to military health system and integrated medical operations.

Sec. 725. Mandatory training on health effects of burn pits.

Sec. 726. Standardization of definitions used by the Department of Defense for terms related to suicide.

Subtitle C—Reports and Other Matters

Sec. 731. Modifications and reports related to military medical manning and medical billets.

Sec. 732. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions.

Sec. 733. Pilot program on cardiac screening at certain military service academies.

Sec. 734. Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities.

Sec. 735. Prohibition on availability of funds for certain research connected to China.

Sec. 736. Limitation on certain discharges solely on the basis of failure to obey lawful order to receive COVID–19 vaccine.

Sec. 737. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program.

Sec. 738. Independent review of suicide prevention and response at military installations.

Sec. 739. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam.

Sec. 740. Study on incidence of breast cancer among members of the Armed Forces serving on active duty.

Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record program.

Sec. 742. Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system.

Sec. 743. Study to determine need for a joint fund for Federal Electronic Health Record Modernization Office.

Sec. 744. Briefing on domestic production of critical active pharmaceutical ingredients for national security purposes.

Sec. 745. Briefing on substance abuse in the Armed Forces.

Title VIII—Acquisition Policy, Acquisition Management, and Related Matters

Subtitle A—Acquisition Policy and Management

Sec. 801. Acquisition workforce educational partnerships.

Sec. 802. Prohibition on acquisition of personal protective equipment from non-allied foreign nations.

Sec. 803. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures.

Sec. 804. Modifications to contracts subject to cost or pricing data certification.

Sec. 805. Two-year extension of Selected Acquisition Report requirement.

Sec. 806. Annual report on highest and lowest performing acquisition programs of the Department of Defense.

Sec. 807. Assessment of impediments and incentives to improving the acquisition of commercial products and commercial services.

Sec. 808. Briefing on transparency for certain domestic procurement waivers.

Sec. 809. Report on violations of certain domestic preference laws.

Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations

Sec. 811. Certain multiyear contracts for acquisition of property: budget justification materials.

Sec. 812. Extension of demonstration project relating to certain acquisition personnel management policies and procedures.

Sec. 813. Office of Corrosion Policy and Oversight employee training requirements.

Sec. 814. Modified condition for prompt contract payment eligibility.

Sec. 815. Modification to procurement of services: data analysis and requirements validation.

Sec. 816. Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels.

Sec. 817. Repeal of preference for fixed-price contracts.

Subtitle C—Provisions Relating to Other Transaction Authority

Sec. 821. Modification of other transaction authority for research projects.

Sec. 822. Modification of prize authority for advanced technology achievements.

Sec. 823. Pilot program on systems engineering determinations.

Sec. 824. Recommendations on the use of other transaction authority.

Sec. 825. Reporting requirement for certain defense acquisition activities.

Subtitle D—Provisions Relating to Software and Technology

Sec. 831. Technology protection features activities.

Sec. 832. Modification of enhanced transfer of technology developed at Department of Defense laboratories.

Sec. 833. Pilot program on acquisition practices for emerging technologies.

Sec. 834. Pilot program to accelerate the procurement and fielding of innovative technologies.

Sec. 835. Independent study on technical debt in software-intensive systems.

Sec. 836. Cadre of software development and acquisition experts.

Subtitle E—Provisions Relating to Supply Chain Security

Sec. 841. Modernization of acquisition processes to ensure integrity of industrial base.

Sec. 842. Modification to analyses of certain activities for action to address sourcing and industrial capacity.

Sec. 843. Assuring integrity of overseas fuel supplies.

Sec. 844. Assessment of requirements for certain items to address supply chain vulnerabilities.

Sec. 845. Department of Defense research and development priorities.

Sec. 846. Report on the Manufacturing Engineering Education Program.

Sec. 847. Plan and report on reduction of reliance on services, supplies, or materials from covered countries.

Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region.

Subtitle F—Industrial Base Matters

Sec. 851. Modifications to printed circuit board acquisition restrictions.

Sec. 852. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries.

Sec. 853. Additional testing of commercial e-commerce portal models.

Sec. 854. Requirement for industry days and requests for information to be open to allied defense contractors.

Sec. 855. Employment transparency regarding individuals who perform work in the People’s Republic of China.

Sec. 856. Briefing on compliance with contractor lobbying restrictions.

Sec. 857. Congressional oversight of personnel and contracts of private security contractors.

Subtitle G—Small Business Matters

Sec. 861. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold.

Sec. 862. Modification to the pilot program for streamlining awards for innovative technology projects.

Sec. 863. Protests and appeals relating to eligibility of business concerns.

Sec. 864. Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns.

Sec. 865. Report on unfunded priorities of the Small Business Innovation Research and Small Business Technology Transfer program.

Sec. 866. Report on Cybersecurity Maturity Model Certification effects on small business.

Sec. 867. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards.

Subtitle H—Other Matters

Sec. 871. Mission management pilot program.

Sec. 872. Establishment of mission-oriented pilot programs to close significant capabilities gaps.

Sec. 873. Independent study on acquisition practices and policies.

Sec. 874. Pilot program to incentivize contracting with employee-owned businesses.

Sec. 875. Guidance, training, and report on place of performance contract requirements.

Sec. 876. Notification of certain intergovernmental support agreements.

Sec. 877. Report on requests for equitable adjustment in Department of the Navy.

Sec. 878. Military standards for armor materials in vehicle specifications.

Title IX—Department of Defense Organization and Management

Sec. 901. Change in eligibility requirements for appointment to certain Department of Defense leadership positions.

Sec. 902. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity.

Sec. 903. Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council.

Sec. 904. Implementation of repeal of Chief Management Officer of the Department of Defense.

Sec. 905. Space Force organizational matters and modification of certain space-related acquisition authorities.

Sec. 906. Assignments for participants in the John S. McCain Strategic Defense Fellows Program.

Sec. 907. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy.

Sec. 908. Management innovation activities.

Sec. 909. Digital talent recruiting officer.

Sec. 910. Cross-functional team for emerging threat relating to anomalous health incidents.

Sec. 911. Alignment of Close Combat Lethality Task Force.

Sec. 912. Independent review of and report on the Unified Command Plan.

Sec. 913. Study and report on the role and organization of space assets in the reserve components.

Title X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Revision of limitation on funding for combatant commands through Combatant Commander Initiative Fund.

Sec. 1003. Plan for consolidation of information technology systems used in Department of Defense planning, programming, budgeting, and execution process.

Sec. 1004. Commission on Planning, Programming, Budgeting, and Execution Reform.

Subtitle B—Counterdrug Activities

Sec. 1007. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia.

Sec. 1008. Authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.

Subtitle C—Naval Vessels and Shipyards

Sec. 1011. Modification to annual naval vessel construction plan.

Sec. 1012. Improving oversight of Navy contracts for shipbuilding, conversion, and repair.

Sec. 1013. Codification of requirement for assessments prior to start of construction on first ship of a shipbuilding program.

Sec. 1014. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life.

Sec. 1015. Biennial report on shipbuilder training and the defense industrial base.

Sec. 1016. Annual report on ship maintenance.

Sec. 1017. Navy battle force ship assessment and requirement reporting.

Sec. 1018. Prohibition on use of funds for retirement of Mark VI patrol boats.

Sec. 1019. Availability of funds for retirement or inactivation of guided missile cruisers.

Sec. 1020. Review of sustainment key performance parameters for shipbuilding programs.

Sec. 1021. Assessment of security of global maritime chokepoints.

Sec. 1022. Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations.

Subtitle D—Counterterrorism

Sec. 1031. Inclusion in counterterrorism briefings of information on use of military force in collective self-defense.

Sec. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.

Sec. 1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.

Sec. 1034. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1035. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1036. Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba.

Subtitle E—Miscellaneous Authorities and Limitations

Sec. 1041. Congressional oversight of alternative compensatory control measures.

Sec. 1042. Modification of notification requirements for sensitive military operations.

Sec. 1043. Authority to provide space and services to military welfare societies.

Sec. 1044. Congressional notification of significant Army force structure changes.

Sec. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus.

Sec. 1046. Comparative testing reports for certain aircraft.

Sec. 1047. Special operations forces joint operating concept for competition and conflict.

Sec. 1048. Limitation on availability of certain funding for operation and maintenance.

Sec. 1049. Limitation on use of certain funds pending submission of report, strategy, and posture review relating to information environment.

Sec. 1050. Briefing by Comptroller General and limitation on use of funds pending compliance with requirement for independent studies regarding potential cost savings.

Sec. 1051. Survey on relations between members of the Armed Forces and military communities.

Sec. 1052. Limitation on use of funds pending compliance with certain statutory reporting requirements.

Sec. 1053. Navy coordination with Coast Guard and Space Force on aircraft, weapons, tactics, technique, organization, and equipment of joint concern.

Subtitle F—Studies and Reports

Sec. 1061. Inclusion of support services for Gold Star families in quadrennial quality of life review.

Sec. 1062. Public availability of semi-annual summaries of reports.

Sec. 1063. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security and Department Of Defense.

Sec. 1064. Continuation of certain Department of Defense reporting requirements.

Sec. 1065. Updated review and enhancement of existing authorities for using Air Force and Air National Guard modular airborne fire-fighting systems and other Department of Defense assets to fight wildfires.

Sec. 1066. Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan.

Sec. 1067. Biennial assessments of Air Force Test Center.

Sec. 1068. Report on 2019 World Military Games.

Sec. 1069. Reports on oversight of Afghanistan.

Sec. 1070. Study and report on Department of Defense excess personal property program.

Sec. 1071. Optimization of Irregular Warfare Technical Support Directorate.

Sec. 1072. Assessment of requirements for and management of Army three-dimensional geospatial data.

Sec. 1073. Required review of Department of Defense unmanned aircraft systems categorization.

Sec. 1074. Annual report and briefing on Global Force Management Allocation Plan.

Sec. 1075. Report on World War I and Korean War era Superfund facilities.

Sec. 1076. Report on implementation of irregular warfare strategy.

Sec. 1077. Study on providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service.

Sec. 1078. Report on Air Force strategy for acquisition of combat rescue aircraft and equipment.

Subtitle G—Other Matters

Sec. 1081. Technical, conforming, and clerical amendments.

Sec. 1082. Modification to Regional Centers for Security Studies.

Sec. 1083. Improvement of transparency and congressional oversight of civil reserve air fleet.

Sec. 1084. Observance of National Atomic Veterans Day.

Sec. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation Operations.

Sec. 1086. National Museum of the Surface Navy.

Sec. 1087. Authorization for memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport.

Sec. 1088. Treatment of operational data from Afghanistan.

Sec. 1089. Responsibilities for national mobilization; personnel requirements.

Sec. 1090. Independent assessment with respect to Arctic region.

Sec. 1091. National Security Commission on Emerging Biotechnology.

Sec. 1092. Quarterly security briefings on Afghanistan.

Sec. 1093. Transition of funding for non-conventional assisted recovery capabilities.

Sec. 1094. Afghanistan War Commission Act of 2021.

Sec. 1095. Commission on the National Defense Strategy.

Title XI—Civilian Personnel Matters

Sec. 1101. Amendment to diversity and inclusion reporting.

Sec. 1102. Civilian personnel management.

Sec. 1103. Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense.

Sec. 1104. Authority to employ civilian faculty members at the Defense Institute of International Legal Studies.

Sec. 1105. Consideration of employee performance in reductions in force for civilian positions in the Department of Defense.

Sec. 1106. Repeal of 2-year probationary period.

Sec. 1107. Modification of DARPA personnel management authority to attract science and engineering experts.

Sec. 1108. Expansion of rate of overtime pay authority for Department of the Navy employees performing work overseas on naval vessels.

Sec. 1109. Repeal of crediting amounts received against pay of Federal employee or DC employee serving as a member of the National Guard of the District of Columbia.

Sec. 1110. Treatment of hours worked under a qualified trade-of-time arrangement.

Sec. 1111. Parental bereavement leave.

Sec. 1112. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Sec. 1113. Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel.

Sec. 1114. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.

Sec. 1115. Assessment of Accelerated Promotion Program suspension.

Sec. 1116. Increase in allowance based on duty at remote worksites.

Sec. 1117. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees.

Sec. 1118. Occupational series for digital career fields.

Title XII—Matters relating to foreign nations

Subtitle A—Assistance and training

Sec. 1201. Administrative support and payment of certain expenses for covered foreign defense personnel.

Sec. 1202. Authority for certain reimbursable interchange of supplies and services.

Sec. 1203. Extension of support of special operations for irregular warfare.

Sec. 1204. Modification and extension of biennial Comptroller General of the United States audits of programs to build the capacity of foreign security forces.

Sec. 1205. Temporary authority to pay for travel and subsistence expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security.

Sec. 1206. Security cooperation strategy for certain combatant commands.

Sec. 1207. Report on security cooperation programs.

Subtitle B—Matters relating to Afghanistan and Pakistan

Sec. 1211. Sense of Congress on the service of United States Armed Forces servicemembers in Afghanistan.

Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1213. Prohibition on transfer of Department of Defense funds or resources to the Taliban.

Sec. 1214. Prohibition on transporting currency to the Taliban or the Islamic Emirate of Afghanistan.

Sec. 1215. Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces.

Sec. 1216. Joint report on using the synchronized predeployment and operational tracker (spot) database to verify Afghan SIV applicant information.

Sec. 1217. Report and briefing on United States equipment, property, and classified material that was destroyed or abandoned in the withdrawal from Afghanistan.

Subtitle C—Matters relating to Syria, Iraq, and Iran

Sec. 1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals.

Sec. 1222. Defense and diplomatic strategy for Syria.

Sec. 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria.

Sec. 1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.

Sec. 1225. Prohibition on transfers to Badr Organization.

Sec. 1226. Prohibition on transfers to Iran.

Sec. 1227. Report on the military capabilities of Iran and related activities.

Sec. 1228. Sense of Congress on enrichment of uranium by Iran.

Subtitle D—Matters relating to Russia

Sec. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation.

Sec. 1232. Extension of Ukraine Security Assistance Initiative.

Sec. 1233. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises.

Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea.

Sec. 1235. Report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member.

Subtitle E—Matters relating to the Indo-Pacific Region

Sec. 1241. Extension and modification of Indo-Pacific Maritime Security Initiative.

Sec. 1242. Extension and modification of Pacific Deterrence Initiative.

Sec. 1243. Modification of annual report on military and security developments involving the People's Republic of China.

Sec. 1244. Extension of authority to transfer funds for Bien Hoa dioxin cleanup.

Sec. 1245. Cooperative program with Vietnam to account for Vietnamese personnel missing in action.

Sec. 1246. Sense of Congress on Taiwan defense relations.

Sec. 1247. Statement of policy on Taiwan.

Sec. 1248. Annual report on Taiwan asymmetric capabilities and intelligence support.

Sec. 1249. Feasibility briefing on cooperation between the National Guard and Taiwan.

Sec. 1250. Feasibility report on establishing military-to-military crisis communications capabilities.

Sec. 1251. Comparative analyses and reports on efforts by the United States and the People’s Republic of China to advance critical modernization technology with respect to military applications.

Sec. 1252. Sense of congress on defense alliances and partnerships in the Indo-Pacific region.

Title XIII—Other matters relating to foreign nations

Subtitle A—Matters relating to Europe and NATO

Sec. 1301. Sense of Congress on North Atlantic Treaty Organization allies and partners.

Sec. 1302. Report on Armenia-Azerbaijan conflict.

Sec. 1303. Report on the state of United States military investment in Europe, including the European Deterrence Initiative.

Subtitle B—United States-Greece Defense and Interparliamentary Partnership Act of 2021

Sec. 1311. Sense of Congress.

Sec. 1312. Funding for the European Recapitalization Incentive Program.

Sec. 1313. Sense of Congress on loan program.

Sec. 1314. Sense of Congress on transfer of F–35 Joint Strike Fighter aircraft to Greece.

Sec. 1315. IMET cooperation with Greece.

Sec. 1316. Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group.

Sec. 1317. Appropriate congressional committees.

Subtitle C—Security cooperation and assistance

Sec. 1321. Clarification of requirements for contributions by participants in the American, British, Canadian, and Australian Armies’ Program.

Sec. 1322. Foreign Area Officer assessment and review.

Sec. 1323. Study on certain security cooperation programs.

Sec. 1324. Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of operation allies welcome.

Subtitle D—Other matters

Sec. 1331. Extension and modification of authority for certain payments to redress injury and loss.

Sec. 1332. Secretary of Defense Strategic Competition Initiative.

Sec. 1333. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States.

Sec. 1334. Pilot program to support the implementation of the Women, Peace, and Security act of 2017.

Sec. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors.

Sec. 1336. Security assistance in Northern Triangle countries.

Sec. 1337. Report on human rights in Colombia.

Sec. 1338. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean.

Sec. 1339. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen.

Sec. 1340. Statement of policy and report on Yemen.

Sec. 1341. Limitation on support to military forces of the Kingdom of Morocco for multilateral exercises.

Title XIV—Other Authorizations

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. Chemical Agents and Munitions Destruction, Defense.

Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide.

Sec. 1404. Defense Inspector General.

Sec. 1405. Defense Health Program.

Subtitle B—Other Matters

Sec. 1411. Acquisition of strategic and critical materials from the national technology and industrial base.

Sec. 1412. Authorization to loan materials in National Defense Stockpile.

Sec. 1413. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.

Sec. 1414. Authorization of appropriations for Armed Forces Retirement Home.

Title XV—Cyberspace-related Matters

Subtitle A—Matters Related to Cyber Operations and Cyber Forces

Sec. 1501. Development of taxonomy of cyber capabilities.

Sec. 1502. Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard.

Sec. 1503. Modification of the Principal Cyber Advisor.

Sec. 1504. Evaluation of Department of Defense cyber governance.

Sec. 1505. Operational technology and mission-relevant terrain in cyberspace.

Sec. 1506. Matters concerning cyber personnel requirements.

Sec. 1507. Assignment of certain budget control responsibilities to commander of United States Cyber Command.

Sec. 1508. Coordination between United States Cyber Command and private sector.

Sec. 1509. Assessment of cyber posture and operational assumptions and development of targeting strategies and supporting capabilities.

Sec. 1510. Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure.

Sec. 1511. Comparative analysis of cybersecurity capabilities.

Sec. 1512. Eligibility of owners and operators of critical infrastructure to receive certain Department of Defense support and services.

Sec. 1513. Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure.

Subtitle B—Matters Related to Department of Defense Cybersecurity and Information Technology

Sec. 1521. Enterprise-wide procurement of cyber data products and services.

Sec. 1522. Legacy information technologies and systems accountability.

Sec. 1523. Update relating to responsibilities of Chief Information Officer.

Sec. 1524. Protective Domain Name System within the Department of Defense.

Sec. 1525. Cybersecurity of weapon systems.

Sec. 1526. Assessment of controlled unclassified information program.

Sec. 1527. Cyber data management.

Sec. 1528. Zero trust strategy, principles, model architecture, and implementation plans.

Sec. 1529. Demonstration program for automated security validation tools.

Sec. 1530. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters.

Sec. 1531. Digital development infrastructure plan and working group.

Sec. 1532. Study regarding establishment within the Department of Defense of a designated central program office to oversee academic engagement programs relating to establishing cyber talent across the Department.

Sec. 1533. Report on the Cybersecurity Maturity Model Certification program.

Sec. 1534. Deadline for reports on assessment of cyber resiliency of nuclear command and control system.

Subtitle C—Matters Related to Federal Cybersecurity

Sec. 1541. Capabilities of the Cybersecurity and Infrastructure Security Agency to identify threats to industrial control systems.

Sec. 1542. Cybersecurity vulnerabilities.

Sec. 1543. Report on cybersecurity vulnerabilities.

Sec. 1544. Competition relating to cybersecurity vulnerabilities.

Sec. 1545. Strategy.

Sec. 1546. Cyber incident response plan.

Sec. 1547. National cyber exercise program.

Sec. 1548. CyberSentry program of the Cybersecurity and Infrastructure Security Agency.

Sec. 1549. Strategic assessment relating to innovation of information systems and cybersecurity threats.

Sec. 1550. Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations.

Sec. 1551. United States-Israel cybersecurity cooperation.

Sec. 1552. Authority for National Cyber Director to accept details on nonreimbursable basis.

Title XVI—Space Activities, Strategic Programs, and Intelligence Matters

Subtitle A—Space Activities

Sec. 1601. National security space launch program.

Sec. 1602. Redesignation of Space Force Acquisition Council; modifications relating to Assistant Secretary of the Air Force for Space Acquisition and Integration.

Sec. 1603. Delegation of Authorities to Space Development Agency.

Sec. 1604. Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise.

Sec. 1605. Improvements to tactically responsive space launch program.

Sec. 1606. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing.

Sec. 1607. Programs of record of Space Force and commercial capabilities.

Sec. 1608. Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force.

Sec. 1609. Classification review of programs of the Space Force.

Sec. 1610. Report on Range of the Future initiative of the Space Force.

Sec. 1611. Space policy review.

Sec. 1612. Annual briefing on threats to space operations.

Sec. 1613. National Security Council briefing on potential harmful interference to Global Positioning System.

Sec. 1614. Non-geostationary orbit satellite constellations.

Sec. 1615. Briefing on prototype program for multiglobal navigation satellite system receiver development.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

Sec. 1621. Notification of certain threats to United States Armed Forces by foreign governments.

Sec. 1622. Strategy and plan to implement certain defense intelligence reforms.

Sec. 1623. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense.

Sec. 1624. Report on explosive ordnance intelligence matters.

Subtitle C—Nuclear Forces

Sec. 1631. Participation in United States Strategic Command strategic deterrence exercises.

Sec. 1632. Modification to requirements relating to nuclear force reductions.

Sec. 1633. Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States.

Sec. 1634. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems.

Sec. 1635. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe.

Sec. 1636. Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device.

Sec. 1637. Capability of B–21 bomber aircraft with long-range standoff weapon.

Sec. 1638. Mission-design series popular name for ground-based strategic deterrent.

Sec. 1639. Prohibition on reduction of the intercontinental ballistic missiles of the United States.

Sec. 1640. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile.

Sec. 1641. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile.

Sec. 1642. Annual certification on readiness of Minuteman III intercontinental ballistic missiles.

Sec. 1643. Revised nuclear posture review.

Sec. 1644. Review of safety, security, and reliability of nuclear weapons and related systems.

Sec. 1645. Long-range standoff weapon.

Sec. 1646. Ground-based strategic deterrent development program accountability matrices.

Sec. 1647. Information regarding review of Minuteman III service life extension program or options for the future of the intercontinental ballistic missile force.

Sec. 1648. Notification regarding intercontinental ballistic missiles of China.

Sec. 1649. Independent review of nuclear command, control, and communications system.

Sec. 1650. Review of engineering and manufacturing development contract for ground-based strategic deterrent program.

Sec. 1651. Report on re-alerting long-range bombers.

Sec. 1652. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements.

Sec. 1653. Briefing on consultations with United States allies regarding Nuclear Posture Review.

Subtitle D—Missile Defense Programs

Sec. 1661. Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency.

Sec. 1662. Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites.

Sec. 1663. Extension of period for transition of ballistic missile defense programs to military departments.

Sec. 1664. Directed energy programs for ballistic and hypersonic missile defense.

Sec. 1665. Guam integrated air and missile defense system.

Sec. 1666. Missile defense radar in Hawaii.

Sec. 1667. Certification required for Russia and China to tour certain missile defense sites.

Sec. 1668. Next generation interceptors for missile defense of the United States homeland.

Sec. 1669. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production.

Sec. 1670. Update of study on discrimination capabilities of the ballistic missile defense system.

Sec. 1671. Semiannual updates on meetings held by the Missile Defense Executive Board.

Sec. 1672. Matters regarding Integrated Deterrence Review.

Sec. 1673. Semiannual notifications regarding missile defense tests and costs.

Sec. 1674. Report on senior leadership of Missile Defense Agency.

Sec. 1675. Independent study of roles and responsibilities of Department of Defense components relating to missile defense.

Subtitle E—Other matters

Sec. 1681. Cooperative threat reduction funds.

Sec. 1682. Modification to estimate of damages from Federal Communications Commission Order 20–48.

Sec. 1683. Establishment of office, organizational structure, and authorities to address unidentified aerial phenomena.

Sec. 1684. Determination on certain activities with unusually hazardous risks.

Sec. 1685. Study by Public Interest Declassification Board relating to certain tests in the Marshall Islands.

Sec. 1686. Protection of Major Range and Test Facility Base.

Sec. 1687. Congressional Commission on the Strategic Posture of the United States.

Title XVII—Technical Amendments Related to the Transfer and Reorganization of Defense Acquisition Statutes

Sec. 1701. Technical, conforming, and clerical amendments related to title XVIII of the Fiscal Year 2021 NDAA.

Sec. 1702. Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes.

Division B—Military Construction Authorizations

Sec. 2001. Short title.

Sec. 2002. Expiration of authorizations and amounts required to be specified by law.

Sec. 2003. Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries.

Title XXI—Army Military Construction

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

Sec. 2104. Extension of authority to carry out certain fiscal year 2017 project.

Sec. 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas.

Sec. 2106. Modification of authority to carry out certain fiscal year 2021 project.

Sec. 2107. Additional authorized funding source for certain fiscal year 2022 project.

Title XXII—Navy Military Construction

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Authorization of appropriations, Navy.

Title XXIII—Air Force Military Construction

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Authorization of appropriations, Air Force.

Sec. 2304. Extension of authority to carry out certain fiscal year 2017 projects.

Sec. 2305. Modification of authority to carry out military construction projects at Tyndall Air Force Base, Florida.

Title XXIV—Defense Agencies Military Construction

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Extension and modification of authority to carry out certain fiscal years 2017 and 2019 projects.

Title XXV—International Programs

Subtitle A—North Atlantic Treaty Organization Security Investment Program

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

Subtitle B—Host Country In-Kind Contributions

Sec. 2511. Republic of Korea funded construction projects.

Sec. 2512. Republic of Poland funded construction projects.

Title XXVI—Guard and Reserve Forces Facilities

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Title XXVII—Base Realignment and Closure Activities

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.

Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round.

Sec. 2703. Conditions on closure of certain portion of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado.

Title XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program Changes

Sec. 2801. Public availability of information on Facilities Sustainment, Restoration, and Modernization projects.

Sec. 2802. Limitations on authorized cost and scope of work variations.

Sec. 2803. Department of Defense stormwater management projects for military installations and defense access roads.

Sec. 2804. Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation.

Sec. 2805. Flood risk management for military construction.

Sec. 2806. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.

Subtitle B—Continuation of Military Housing Reforms

Sec. 2811. Modification of calculation of military housing contractor pay for privatized military housing.

Sec. 2812. Applicability of window fall prevention requirements to all military family housing whether privatized or Government‑owned and Government‑controlled.

Sec. 2813. Applicability of disability laws to privatized military housing units and clarification of prohibition against collection from tenants of amounts in addition to rent.

Sec. 2814. Required investments in improving military unaccompanied housing.

Sec. 2815. Improvement of security of lodging and living spaces on military installations.

Sec. 2816. Improvement of Department of Defense child development centers and increased availability of child care for children of military personnel.

Subtitle C—Real Property and Facilities Administration

Sec. 2821. Secretary of the Navy authority to support development and operation of National Museum of the United States Navy.

Sec. 2822. Expansion of Secretary of the Navy authority to lease and license United States Navy museum facilities to generate revenue to support museum administration and operations.

Subtitle D—Military Facilities Master Plan Requirements

Sec. 2831. Cooperation with State and local governments in development of master plans for major military installations.

Sec. 2832. Additional changes to requirements regarding master plans for major military installations.

Sec. 2833. Prompt completion of military installation resilience component of master plans for at-risk major military installations.

Sec. 2834. Master plans and investment strategies for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements.

Subtitle E—Matters Related to Unified Facilities Criteria and Military Construction Planning and Design

Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects.

Sec. 2842. Revisions to Unified Facilities Criteria regarding use of variable refrigerant flow systems.

Sec. 2843. Amendment of Unified Facilities Criteria to promote energy efficient military installations.

Sec. 2844. Additional Department of Defense activities to improve energy resiliency of military installations.

Subtitle F—Land Conveyances

Sec. 2851. Modification of restrictions on use of former Navy property conveyed to University of California, San Diego, California.

Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts.

Sec. 2853. Land conveyance, Saint Joseph, Missouri.

Sec. 2854. Land conveyance, Department of Defense excess property, St. Louis, Missouri.

Sec. 2855. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina.

Sec. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia.

Sec. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to School Board of City of Virginia Beach, Virginia.

Subtitle G—Authorized Pilot Programs

Sec. 2861. Pilot program on increased use of sustainable building materials in military construction.

Sec. 2862. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force.

Subtitle H—Asia-Pacific and Indo-Pacific Issues

Sec. 2871. Improved oversight of certain infrastructure services provided by Naval Facilities Engineering Systems Command Pacific.

Sec. 2872. Annual congressional briefing on renewal of Department of Defense easements and leases of land in Hawai‘i.

Sec. 2873. Hawai‘i Military Land Use Master Plan.

Subtitle I—One-Time Reports and Other Matters

Sec. 2881. Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities.

Sec. 2882. GAO review and report of military construction contracting at military installations inside the United States.

Division C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

Title XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Plutonium pit production capacity.

Sec. 3112. Improvements to cost estimates informing analyses of alternatives.

Sec. 3113. University-based defense nuclear policy collaboration program.

Sec. 3114. Defense environmental cleanup programs.

Sec. 3115. Modification of requirements for certain construction projects.

Sec. 3116. Updates to infrastructure modernization initiative.

Sec. 3117. Extension of authority for appointment of certain scientific, engineering, and technical personnel.

Sec. 3118. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide.

Sec. 3119. Extension of enhanced procurement authority to manage supply chain risk.

Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads.

Sec. 3121. Portfolio management framework for National Nuclear Security Administration.

Subtitle C—Reports and other matters

Sec. 3131. Modifications to certain reporting requirements.

Sec. 3132. Modification to terminology for reports on financial balances for atomic energy defense activities.

Sec. 3133. Improvements to annual reports on condition of the United States nuclear weapons stockpile.

Sec. 3134. Report on plant-directed research and development.

Sec. 3135. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials.

Sec. 3136. Transfer of building located at 4170 Allium Court, Springfield, Ohio.

Sec. 3137. Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities.

Sec. 3138. Acquisition of high-performance computing capabilities by National Nuclear Security Administration.

Sec. 3139. Study on the W80–4 nuclear warhead life extension program.

Sec. 3140. Study on Runit Dome and related hazards.

Sec. 3141. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing.

Title XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

Sec. 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board.

Title XXXIV—Naval Petroleum Reserves

Sec. 3401. Authorization of appropriations.

Title XXXV—Maritime Security

Subtitle A—Maritime Administration

Sec. 3501. Authorization of the Maritime Administration.

Subtitle B—Other Matters

Sec. 3511. Effective period for issuance of documentation for recreational vessels.

Sec. 3512. Committees on maritime matters.

Sec. 3513. Port Infrastructure Development Program.

Sec. 3514. Uses of emerging marine technologies and practices.

Sec. 3515. Prohibition on participation of long term charters in Tanker Security Fleet.

Sec. 3516. Coastwise endorsement.

Sec. 3517. Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing.

Sec. 3518. Authorization to purchase duplicate medals.

Division D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

Title XLI—PROCUREMENT

Sec. 4101. Procurement.

Title XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 4201. Research, development, test, and evaluation.

Title XLIII—OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.

Title XLIV—MILITARY PERSONNEL

Sec. 4401. Military personnel.

Title XLV—OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.

Title XLVI—MILITARY CONSTRUCTION

Sec. 4601. Military construction.

Title XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security programs.

Division E—Department of State Authorization Act of 2021

Sec. 5001. Short title.

Sec. 5002. Definitions.

Title LI—Organization and Operations of the Department of State

Sec. 5101. Sense of Congress on importance of Department of State’s work.

Sec. 5102. Assistant Secretary for International Narcotics and Law Enforcement Affairs.

Sec. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration.

Sec. 5104. Office of International Disability Rights.

Sec. 5105. Special appointment authority.

Sec. 5106. Repeal of authority for Special Representative and Policy Coordinator for Burma.

Sec. 5107. Anti-piracy information sharing.

Sec. 5108. Importance of foreign affairs training to national security.

Sec. 5109. Classification and assignment of Foreign Service officers.

Sec. 5110. Reporting on implementation of GAO recommendations.

Sec. 5111. Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments.

Sec. 5112. Art in embassies.

Sec. 5113. International fairs and expositions.

Sec. 5114. Amendment or repeal of reporting requirements.

Title LII—Embassy Construction

Sec. 5201. Embassy security, construction, and maintenance.

Sec. 5202. Standard design in capital construction.

Sec. 5203. Capital construction transparency.

Sec. 5204. Contractor performance information.

Sec. 5205. Growth projections for new embassies and consulates.

Sec. 5206. Long-range planning process.

Sec. 5207. Value engineering and risk assessment.

Sec. 5208. Business volume.

Sec. 5209. Embassy security requests and deficiencies.

Sec. 5210. Overseas security briefings.

Sec. 5211. Contracting methods in capital construction.

Sec. 5212. Competition in embassy construction.

Sec. 5213. Statement of policy.

Sec. 5214. Definitions.

Title LIII—Personnel Issues

Sec. 5301. Defense Base Act insurance waivers.

Sec. 5302. Study on Foreign Service allowances.

Sec. 5303. Science and technology fellowships.

Sec. 5304. Travel for separated families.

Sec. 5305. Home leave travel for separated families.

Sec. 5306. Sense of Congress regarding certain fellowship programs.

Sec. 5307. Technical correction.

Sec. 5308. Foreign Service awards.

Sec. 5309. Workforce actions.

Sec. 5310. Sense of Congress regarding veterans employment at the Department of State.

Sec. 5311. Employee assignment restrictions and preclusions.

Sec. 5312. Recall and reemployment of career members.

Sec. 5313. Strategic staffing plan for the Department of State.

Sec. 5314. Consulting services.

Sec. 5315. Incentives for critical posts.

Sec. 5316. Extension of authority for certain accountability review boards.

Sec. 5317. Foreign Service suspension without pay.

Sec. 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes.

Sec. 5319. Waiver authority for individual occupational requirements of certain positions.

Sec. 5320. Appointment of employees to the Global Engagement Center.

Sec. 5321. Competitive status for certain employees hired by Inspectors General to support the lead IG mission.

Sec. 5322. Report relating to Foreign Service Officer training and development.

Sec. 5323. Cooperation with Office of the Inspector General.

Sec. 5324. Information on educational opportunities for children with special education needs consistent with the Individuals with Disabilities Education Act.

Sec. 5325. Implementation of gap memorandum in selection board process.

Title LIV—A Diverse Workforce: Recruitment, Retention, and Promotion

Sec. 5401. Definitions.

Sec. 5402. Exit interviews for workforce.

Sec. 5403. Recruitment and retention.

Sec. 5404. Leadership engagement and accountability.

Sec. 5405. Professional development opportunities and tools.

Sec. 5406. Examination and oral assessment for the Foreign Service.

Sec. 5407. Payne fellowship authorization.

Sec. 5408. Voluntary participation.

Title LV—Information Security

Sec. 5501. Definitions.

Sec. 5502. List of certain telecommunications providers.

Sec. 5503. Preserving records of electronic communications.

Sec. 5504. Foreign Relations of the United States (FRUS) series and declassification.

Title LVI—Public Diplomacy

Sec. 5601. Short title.

Sec. 5602. Avoiding duplication of programs and efforts.

Sec. 5603. Improving research and evaluation of public diplomacy.

Sec. 5604. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy.

Sec. 5605. Streamlining of support functions.

Sec. 5606. Guidance for closure of public diplomacy facilities.

Sec. 5607. Definitions.

Title LVII—Other Matters

Sec. 5701. Limitation on assistance to countries in default.

Sec. 5702. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment.

Sec. 5703. Chief of mission concurrence.

Sec. 5704. Report on efforts of the Coronavirus Repatriation Task Force.

Division F—Other Non-Department of Defense Matters

Title LXI—Financial Services Matters

Sec. 6101. FinCEN Exchange.

Sec. 6102. Adverse information in cases of trafficking.

Sec. 6103. Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts.

Sec. 6104. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank.

Sec. 6105. United States policy regarding international financial institution assistance with respect to advanced wireless technologies.

Sec. 6106. Illicit finance improvements.

Sec. 6107. Briefing on delegation of examination authority under the Bank Secrecy Act.

Title LXII—Foreign Service Families Act of 2021

Sec. 6201. Short title.

Sec. 6202. Telecommuting opportunities.

Sec. 6203. Employment and education programs for eligible family members of members of the Foreign Service.

Sec. 6204. Briefing on Foreign Service family reserve corps.

Sec. 6205. Treatment of family members seeking positions customarily filled by Foreign Service officers or foreign national employees.

Sec. 6206. In-State tuition rates for members of qualifying Federal service.

Sec. 6207. Termination of residential or motor vehicle leases and telephone service contracts for certain members of the Foreign Service.

Title LXIII—Barry Goldwater Scholarship and Excellence in Education Modernization Act

Sec. 6301. Short title.

Sec. 6302. Clarifying amendments to definitions.

Sec. 6303. Barry Goldwater Scholarship and Excellence in Education Awards.

Sec. 6304. Stipends.

Sec. 6305. Scholarship and research internship conditions.

Sec. 6306. Sustainable investments of funds.

Sec. 6307. Administrative provisions.

Title LXIV—Department of Homeland Security Measures

Subtitle A—DHS Headquarters, Research and Development, and Related Matters

Sec. 6401. Employee engagement steering committee and action plan.

Sec. 6402. Annual employee award program.

Sec. 6403. Chief Human Capital Officer responsibilities.

Sec. 6404. Independent investigation and implementation plan.

Sec. 6405. Authorization of the acquisition professional career program.

Sec. 6406. National urban security technology laboratory.

Sec. 6407. Department of Homeland Security Blue Campaign enhancement.

Sec. 6408. Medical countermeasures program.

Sec. 6409. Critical domain research and development.

Sec. 6410. CBP Donations Acceptance Program Reauthorization.

Subtitle B—Transportation Security

Sec. 6411. Survey of the Transportation Security Administration workforce regarding COVID–19 response.

Sec. 6412. Transportation Security Preparedness Plan.

Sec. 6413. Authorization of Transportation Security Administration personnel details.

Sec. 6414. Transportation Security Administration preparedness.

Sec. 6415. Plan to reduce the spread of coronavirus at passenger screening checkpoints.

Sec. 6416. Comptroller General review of Department of Homeland Security trusted traveler programs.

Sec. 6417. Enrollment redress with respect to Department of Homeland Security trusted traveler programs.

Sec. 6418. Threat information sharing.

Sec. 6419. Local law enforcement security training.

Sec. 6420. Allowable uses of funds for public transportation security assistance grants.

Sec. 6421. Periods of performance for public transportation security assistance grants.

Sec. 6422. GAO review of public transportation security assistance grant program.

Sec. 6423. Sensitive security information; aviation security.

Title LXV—Other matters relating to foreign affairs

Sec. 6501. Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations.

Sec. 6502. Required notification and reports related to Peacekeeping Operations account.

Sec. 6503. Transnational Repression Accountability and Prevention.

Sec. 6504. Human rights awareness for American athletic delegations.

Sec. 6505. Cooperation between the United States and Ukraine regarding the titanium industry.

Sec. 6506. Updates to the National Strategy for Combating Terrorist and Other Illicit Financing.

Sec. 6507. Report on net worth of Syrian President Bashar al-Assad.

Sec. 6508. Annual report on United States policy toward South Sudan.

Sec. 6509. Strategy for engagement with Southeast Asia and ASEAN.

Sec. 6510. Supporting democracy in Burma.

Sec. 6511. United States Grand Strategy with respect to China.

Title LXVI—Other Matters

Sec. 6601. Eligibility of certain individuals who served with special guerrilla units or irregular forces in Laos for interment in national cemeteries.

Sec. 6602. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria.

Sec. 6603. Anomalous health incidents interagency coordinator.

Sec. 6604. Chief Human Capital Officers Council annual report.

Sec. 6605. National Global War on Terrorism Memorial.

Sec. 6606. Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science.

Sec. 6607. Study and report on the redistribution of COVID–19 vaccine doses that would otherwise expire to foreign countries and economies.

Sec. 6608. Catawba Indian Nation lands.

Sec. 6609. Property disposition for affordable housing.

Sec. 6610. Blocking deadly fentanyl imports.

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.

4.

Budgetary effects of this Act

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.

5.

Explanatory statement

The explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about December 8, 2021, by the Chairman of the Committee on Armed Services of the House of Representatives and the Chairman of the Committee on Armed Services of the Senate, shall have the same effect with respect to the implementation of this Act as if it were a joint explanatory statement of a committee of conference.

A

DEPARTMENT OF DEFENSE AUTHORIZATIONS

I

PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Sec. 111. Modification of deployment by the Army of interim cruise missile defense capability.

Sec. 112. Multiyear procurement authority for AH–64E Apache helicopters.

Sec. 113. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters.

Sec. 114. Continuation of Soldier Enhancement Program.

Sec. 115. Limitation on availability of funds pending report on the Integrated Visual Augmentation System.

Sec. 116. Strategy and authority for the procurement of components for the next generation squad weapon.

Subtitle C—Navy Programs

Sec. 121. Extension of procurement authority for certain amphibious shipbuilding programs.

Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers.

Sec. 123. Extension of report on Littoral Combat Ship mission packages.

Sec. 124. Incorporation of advanced degaussing systems into Arleigh Burke class destroyers.

Sec. 125. Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers.

Sec. 126. Acquisition, modernization, and sustainment plan for carrier air wings.

Sec. 127. Report on material readiness of Virginia class submarines of the Navy.

Subtitle D—Air Force Programs

Sec. 131. Extension of inventory requirement for Air Force fighter aircraft.

Sec. 132. Contract for logistics support for VC–25B aircraft.

Sec. 133. Prohibition on certain reductions to B–1 bomber aircraft squadrons.

Sec. 134. Prohibition on use of funds for retirement of A–10 aircraft.

Sec. 135. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program.

Sec. 136. Limitation on availability of funds pending information on bridge tanker aircraft.

Sec. 137. Inventory requirements and limitations relating to certain air refueling tanker aircraft.

Sec. 138. Minimum inventory of tactical airlift aircraft.

Sec. 139. Report relating to reduction of total number of tactical airlift aircraft.

Subtitle E—Defense-wide, Joint, and Multiservice Matters

Sec. 141. Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program.

Sec. 142. Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy.

Sec. 143. Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities.

Sec. 144. Limitation on availability of funds for procurement of aircraft systems for the armed overwatch program.

Sec. 145. Analysis of certain radar investment options.

Sec. 146. Review and briefing on fielded major weapon systems.

Sec. 147. Reports on exercise of waiver authority with respect to certain aircraft ejection seats.

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.

Modification of deployment by the Army of interim cruise missile defense capability

Section 112(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1660), as amended by section 111(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is further amended—

(1)

in paragraph (1), by striking shall deploy the capability as follows: and all that follows through the period at the end and inserting shall deploy two batteries of the capability by not later than September 30, 2020.;

(2)

in paragraph (2)—

(A)

in the paragraph heading, by striking deadlines and inserting deadline;

(B)

in the matter preceding subparagraph (A), by striking deadlines and inserting deadline;

(C)

in subparagraph (F), by adding and at the end;

(D)

by striking subparagraph (G); and

(E)

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

(3)

in paragraph (4), by striking deadlines specified in paragraph (1): and all that follows through the period at the end and inserting deadline specified in paragraph (1) if the Secretary determines that sufficient funds have not been appropriated to enable the Secretary to meet such deadline..

112.

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.

113.

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.

114.

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.

115.

Limitation on availability of funds pending report on the Integrated Visual Augmentation System

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Army for procurement for the Integrated Visual Augmentation System, not more than 75 percent may be obligated or expended until the date on which the Secretary of the Army submits to the congressional defense committees the report required under subsection (b).

(b)

Report required

(1)

In general

Not later than the date specified in paragraph (3), the Secretary of the Army shall submit to the congressional defense committees a report on the Integrated Visual Augmentation System of the Army.

(2)

Elements

The report required by paragraph (1) shall include the following:

(A)

A certification from the Secretary of the Army that the Integrated Visual Augmentation System is sufficiently reliable to meet operational needs for mean time between failure to support planned operational mission profiles.

(B)

A certification from the Secretary of the Army that the tactical network is sufficiently suitable and reliable to support the operational employment of the System, including the System’s ability to integrate into command networks.

(C)
(i)

A certification from the Secretary of the Army that the duration of the System’s battery power is suitable and reliable enough to meet planned operational mission requirements.

(ii)

A plan to ensure the battery management of the System meets such requirements.

(D)

A plan to enable the System to display position location and identification information for adjacent units, non-System-equipped platforms, and soldiers.

(E)

A plan, including critical milestones, to achieve certified three-dimensional geospatial data within the System for dynamic and precision targeting.

(F)

A basis-of-issue plan based on lessons from the developmental and operational testing of the System.

(G)

A plan for iterative improvements to sensors, software, and form factor throughout production and procurement of the System.

(H)

Any other matters that the Secretary considers relevant to the full understanding of the status of and plan for the System.

(3)

Date specified

The date specified in this paragraph is a date selected by the Secretary of the Army that is not later than 60 days after the date on which initial operational testing of the Integrated Visual Augmentation System of the Army has been completed.

(c)

Assessment required

Not later than 60 days after the date on which the Secretary of the Army submits the report required under subsection (b), the Director of Operational Test and Evaluation shall submit to the congressional defense committees an assessment of the validity, reliability, and objectivity of the report with respect to each element described in subsection (b)(2).

116.

Strategy and authority for the procurement of components for the next generation squad weapon

(a)

Strategy required

The Secretary of the Army shall develop and implement a competitive procurement strategy to identify, test, qualify, and procure components and accessories for the next generation squad weapon of the Army, including magazines, that are capable of improving the performance of such weapon, with an emphasis on the procurement of—

(1)

commercially available off-the-shelf items;

(2)

nondevelopmental items; and

(3)

components and accessories previously developed by the Army that may be used for such weapon.

(b)

Market survey

Upon receipt of the initial operational test and evaluation report for the next generation squad weapon, the Secretary of the Army shall initiate a market survey to identify components and accessories for the weapon that meet the criteria described in subsection (a).

(c)

Authorization

After completing the market survey under subsection (b), the Secretary of the Army may enter into one or more contracts for the procurement of components and accessories for the next generation squad weapon that meet the criteria described in subsection (a).

(d)

Information to Congress

Not later than one year after receiving the initial operational test and evaluation report for the next generation squad weapon, the Secretary of the Army shall submit to the congressional defense committees a report that includes—

(1)

the competitive acquisition strategy developed under subsection (a), including timelines for the fielding of components and accessories for such weapon that—

(A)

are commercially available off-the-shelf items or nondevelopmental items; and

(B)

are capable of improving the performance of such weapon;

(2)

an assessment of the mean rounds between stoppage and mean rounds between failure of the next generation squad weapon, including a comparison of—

(A)

the mean rounds between stoppage and mean rounds between failure of such weapon; and

(B)

the mean rounds between stoppage and mean rounds between failure of currently fielded weapons;

(3)

an explanation of whether any items identified in the market survey conducted under subsection (b) demonstrate the ability to increase the mean rounds between stoppage or the mean rounds between failure of the next generation squad weapon; and

(4)

a plan to increase the mean rounds between stoppage and mean rounds between failure of the next generation squad weapon.

(e)

Definitions

In this section:

(1)

The term commercially available off-the-shelf items has the meaning given that term in section 104 of title 41, United States Code.

(2)

The term nondevelopmental items has the meaning given that term in section 110 of title 41, United States Code.

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.

Extension of prohibition on availability of funds for Navy port waterborne security barriers

Section 130(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1665), as most recently amended by section 127 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is further amended by striking for fiscal years 2019, 2020, or 2021 and inserting for fiscal years 2019, 2020, 2021, or 2022.

123.

Extension of report on Littoral Combat Ship mission packages

Section 123(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2030) is amended by striking fiscal year 2022 and inserting fiscal year 2027.

124.

Incorporation of advanced degaussing systems into Arleigh Burke class destroyers

(a)

In general

The Secretary of the Navy shall ensure that an advanced degaussing system is incorporated into any Arleigh Burke class destroyer procured in fiscal year 2025 or any subsequent fiscal year pursuant to a covered contract.

(b)

Covered contract defined

In this section, the term covered contract means an annual or multiyear contract for the procurement of an Arleigh Burke class destroyer that is entered into by the Secretary of the Navy on or after the date of the enactment of this Act.

125.

Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers

(a)

In general

Not later than March 1, 2022, the Secretary of the Navy shall submit to the congressional defense committees a report on the potential benefits of a multiyear contract for the period of fiscal years 2023 through 2027 for the procurement of Flight III Arleigh Burke class destroyers in the quantities specified in subsection (c).

(b)

Elements

The report required by subsection (a) shall include preliminary findings, and the basis for such findings, of the Secretary with respect to whether—

(1)

the use of a contract described in such subsection could result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts;

(2)

the minimum need for the destroyers described in such subsection to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities;

(3)

there is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation;

(4)

there is a stable design for the destroyers to be acquired and that the technical risks associated with such property are not excessive;

(5)

the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract are realistic;

(6)

the use of such a contract will promote the national security of the United States; and

(7)

a decision not to use such a contract will affect the industrial base and, if so, the nature of such effects.

(c)

Evaluation by quantity

The report required by subsection (a) shall evaluate the potential of procuring each of the following quantities of Flight III Arleigh Burke-class destroyers over the period described in such subsection:

(1)

10.

(2)

12.

(3)

15.

(4)

Any other quantities the Secretary of the Navy considers appropriate.

126.

Acquisition, modernization, and sustainment plan for carrier air wings

(a)

Plan required

Not later than April 1, 2022, the Secretary of the Navy shall submit to the congressional defense committees a 15-year acquisition, modernization, and sustainment plan for the carrier air wings of the Navy.

(b)

Elements

The plan required by subsection (a) shall include the following:

(1)
(A)

An assessment of whether and to what extent the capabilities, capacity, and composition of the carrier air wings in existence as of the date of plan meet the requirements of the National Defense Strategy; and

(B)

a plan to address any known shortfalls of such carrier wings, including shortfalls with respect to aerial refueling aircraft capacity and strike-fighter combat radius.

(2)

An operational risk assessment and risk mitigation plan regarding the nine carrier air wings that, as of the date of the plan, support combatant commander steady-state peacetime and potential major contingency requirements.

(3)

An explanation of when the Secretary of the Navy will field a minimum of 10 carrier air wings in accordance with section 8062(e) of title 10, United States Code.

(4)

An identification and explanation of the role of autonomous and remotely-piloted aircraft, including the MQ–25 aircraft, and other potential capabilities and platforms planned to be fielded in future carrier air wings.

(5)

A detailed deck and hangar space plan that supports realistic peacetime steady-state or contingency surge level fixed-wing aircraft and rotorcraft preparation activities, flight operations, and onboard unit-level maintenance, repair, and sustainment activities for future carrier air wings.

(6)

An appropriate modernization plan to maximize operational use of platforms in existence as of the date of the plan, particularly the EA–18G aircraft and the E–2D aircraft, by leveraging available technologies such as Next Generation Jammer.

(7)

An identification of the logistics supply chain support and modernization plan required during peacetime steady-state and contingency operations for future carrier air wings, particularly as it relates to implementing the organic C–130 and C–40 logistics tethering strategy.

(8)

A detailed explanation for the Secretary of the Navy’s decision to modify carrier air wing composition to one squadron of 14 F–35C aircraft instead of the originally planned two squadrons of 10 F–35C aircraft.

127.

Report on material readiness of Virginia class submarines of the Navy

(a)

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the material readiness of the Virginia class submarines.

(b)

Elements

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

(1)

An assessment of the number of components and parts that have required replacement prior to the end of their estimated useful life or scheduled replacement timeline, including efforts to increase the reliability of life of ship components.

(2)

An assessment of the extent to which part and material shortages have impacted deployment and maintenance availability schedules, including an estimate of the number of active part cannibalizations or other actions taken to mitigate those impacts.

(3)

An identification of the planned lead time to obtain key material for Virginia class submarines from shipbuilders and vendors.

(4)

An identification of the actual lead time to obtain such material from shipbuilders and vendors.

(5)

An identification of the cost increases of key components and parts for new construction and maintenance availabilities above planned material costs.

(6)

An assessment of potential courses of action to improve the material readiness of the Virginia class submarines, including efforts to align new construction shipyards with maintenance shipyards and Naval Sea Systems Command to increase predictability of materials and purchasing power.

(7)

Such recommendations as the Secretary may have for legislative changes, authorities, realignments, and administrative actions, including reforms of the Federal Acquisition Regulation, to improve the material readiness of the Virginia class submarines.

(8)

Such other elements as the Secretary considers appropriate.

D

Air Force Programs

131.

Extension of inventory requirement for Air Force fighter aircraft

(a)

Extension of inventory requirement

Section 9062(i)(1) of title 10, United States Code, is amended by striking October 1, 2022 and inserting October 1, 2026.

(b)

Reports on retirement of Air Force fighter aircraft

Section 131 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1314; 10 U.S.C. 9062 note) is amended—

(1)

by amending subsection (b) to read as follows:

(b)

Report on retirement of aircraft

(1)

In general

Beginning with fiscal year 2023, for any fiscal year in which the Secretary of the Air Force expects the total aircraft inventory of fighter aircraft of the Air Force or the total primary mission aircraft inventory of fighter aircraft of the Air Force to decrease below the levels specified in section 9062(i)(1) of title 10, United States Code, the Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following:

(A)

A detailed rationale for the retirement of existing fighter aircraft and a detailed operational analysis of the portfolio of capabilities of the Air Force that demonstrates performance of the designated mission at an equal or greater level of effectiveness as the retiring aircraft.

(B)

An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of the force mix ratio of fighter aircraft and how existing aircraft inventory levels and unit personnel levels for the active and reserve components are proposed to change during the fiscal year in which fighter aircraft will be retired.

(C)

A detailed assessment of the current operational risk and the operational risk that will be incurred for meeting—

(i)

the requirements of the National Defense Strategy and combatant commanders; and

(ii)

operational plans for major contingency operations and steady-state or rotational operations.

(D)

Such other matters relating to the retirement of fighter aircraft as the Secretary considers appropriate.

(2)

Timing of report

Each report required under paragraph (1) shall be included in the materials submitted in support of the budget of the President (as submitted to Congress under section 1105(a) of title 31, United States Code) for the fiscal year in which applicable decrease in fighter aircraft inventory levels is expected to occur.

;

(2)

by striking subsection (c); and

(3)

by redesignating subsection (d) as subsection (c).

132.

Contract for logistics support for VC–25B aircraft

Section 143 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1668) is amended—

(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.

133.

Prohibition on certain reductions to B–1 bomber aircraft squadrons

(a)

Prohibition

During the covered period, the Secretary of the Air Force may not—

(1)

modify the designed operational capability statement for any B–1 bomber aircraft squadron, as in effect on the date of the enactment of this Act, in a manner that would reduce the capabilities of such a squadron below the levels specified in such statement as in effect on such date; or

(2)

reduce, below the levels in effect on such date of enactment, the number of personnel assigned to units responsible for the operation and maintenance of B–1 aircraft if such reduction would affect the ability of such units to meet the capability described in paragraph (1).

(b)

Exception

The prohibition under subsection (a) shall not apply to an individual unit for which the Secretary of the Air Force has commenced the process of replacing B–1 bomber aircraft with B–21 bomber aircraft.

(c)

Definitions

In this section:

(1)

The term covered period means the period beginning on the date of the enactment of this Act and ending on September 30, 2023.

(2)

The term designed operational capability statement has the meaning given that term in Air Force Instruction 10–201.

134.

Prohibition on use of funds for retirement of A–10 aircraft

(a)

Prohibition

Notwithstanding sections 134 and 135 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2037), and except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2022 for the Air Force may be obligated to retire, prepare to retire, or place in storage or on backup aircraft inventory status any A–10 aircraft.

(b)

Exception

(1)

In general

The limitation under subsection (a) shall not apply to an individual A–10 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of a Class A mishap.

(2)

Certification required

If the Secretary determines under paragraph (1) that an aircraft is no longer mission capable, the Secretary shall submit to the congressional defense committees a certification that the status of such aircraft is due to a Class A mishap and not due to lack of maintenance or repairs or other reasons.

(3)

Certification additional

Any certification submitted under paragraph (2) shall be in addition to the notification and certification required by section 135(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2039).

135.

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

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the research and development, design, procurement, or advanced procurement of materials for the B–52 Commercial Engine Replacement Program, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report described in section 2432 of title 10, United States Code, for the most recently concluded fiscal quarter for the B–52 Commercial Engine Replacement Program in accordance with subsection (b)(1).

(b)

Additional requirements

(1)

Treatment of baseline estimate

The Secretary of Defense shall deem the Baseline Estimate for the B–52 Commercial Engine Replacement Program for fiscal year 2020 as the original Baseline Estimate for the Program.

(2)

Unit cost reports and critical cost growth

(A)

Subject to subparagraph (B), the Secretary shall carry out sections 2433 and 2433a of title 10, United States Code, with respect to the B–52 Commercial Engine Replacement Program, as if the Department had submitted a Selected Acquisition Report for the Program that included the Baseline Estimate for the Program for fiscal year 2020 as the original Baseline Estimate, except that the Secretary shall not carry out subparagraph (B) or subparagraph (C) of section 2433a(c)(1) of such title with respect to the Program.

(B)

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

(c)

Definitions

In this section:

(1)

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

(2)

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

(3)

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

(4)

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

136.

Limitation on availability of funds pending information on bridge tanker aircraft

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Secretary of the Air Force for travel expenses, not more than thirty-five percent may be obligated or expended until—

(1)

the Vice Chairman of the Joint Chiefs of Staff submits to the congressional defense committees a report outlining the requirements for the bridge tanker aircraft; and

(2)

the Secretary of the Air Force submits to the congressional defense committees—

(A)

a report detailing the acquisition strategy for the bridge tanker aircraft;

(B)

a certification identifying the amount of funds required for the acquisition of the bridge tanker aircraft; and

(C)

a plan for the development of the advanced aerial refueling tanker aircraft (commonly referred to as the KC–Z).

(b)

Bridge tanker aircraft defined

In this section, the term bridge tanker aircraft means the follow-on tanker aircraft (commonly referred to as the KC–Y).

137.

Inventory requirements and limitations relating to certain air refueling tanker aircraft

(a)

Repeal of minimum inventory requirements for KC–10A aircraft

Section 135 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1)

by striking subsection (b);

(2)

by redesignating subsections (c) through (f) as subsections (b) through (e), respectively;

(3)

in subsection (b), as so redesignated, by striking subsection (e) and inserting subsection (d); and

(4)

by amending subsection (d), as so redesignated, to read as follows:

(d)

Exceptions

The requirement in subsection (b) shall not apply to an aircraft otherwise required to be maintained by that subsection if the Secretary of the Air Force—

(1)

at any time during the period beginning on the date of the enactment of this Act and ending on October 1, 2023, determines, on a case-by-case basis, that such aircraft is no longer mission capable due to mishap or other damage, or being uneconomical to repair; or

(2)

during fiscal year 2023, certifies in writing to the congressional defense committees, not later than 30 days before the date of divestment of such aircraft, that the Air Force can meet combatant command tanker aircraft requirements by leveraging Air National Guard and Air Force Reserve capacity with increased Military Personnel Appropriation (MPA) Man-day Tours to the reserve force.

.

(b)

Limitation on retirement of KC–135 Aircraft

(1)

Limitation

Notwithstanding section 135 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) and except as provided in paragraph (2), the Secretary of the Air Force may not retire more than 18 KC–135 aircraft during the period beginning on the date of the enactment of this Act and ending on October 1, 2023.

(2)

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.

138.

Minimum inventory of tactical airlift aircraft

(a)

Minimum inventory requirement

During the covered period, the Secretary of the Air Force shall maintain a total inventory of tactical airlift aircraft of not less than 279 aircraft.

(b)

Exception

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

(c)

Covered period defined

In this section, the term covered period means the period—

(1)

beginning on October 1, 2021; and

(2)

ending on the later of—

(A)

October 1, 2022; or

(B)

the date of the enactment of the next National Defense Authorization Act enacted after the date of the enactment of this Act.

139.

Report relating to reduction of total number of tactical airlift aircraft

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on any plans of the Air Force to reduce the total number of tactical airlift aircraft in the inventory of the Air Force.

(b)

Elements

The report required under subsection (a) shall include, with respect to any plan of the Air Force to reduce the total number of tactical airlift aircraft—

(1)

the justification for such reduction;

(2)

an explanation of whether and to what extent domestic operations was considered as part of such justification;

(3)

analysis of the role of domestic operations during concurrent contingency operations;

(4)

analysis of the C–130 aircraft force structures recommended to support wartime mobility requirements as set forth in—

(A)

the mobility capability and requirements study conducted under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1321); and

(B)

the mobility capability requirements study conducted under section 1712 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1803);

(5)

the Secretary’s justification for any increased risk that may result from accepting a C–130 aircraft force structure smaller than the force structure recommended by such studies; and

(6)

an explanation of whether and to what extent Governors of States that may be affected by the planned reduction were consulted as part of the decision making process.

(c)

Form of report

The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

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)

the affordability cost target for F–35A aircraft of the Air Force (as determined by the Secretary of the Air Force in accordance with subsection (e)), divided by

(B)

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

(b)

F–35B quantity limit for the Marine Corps

(1)

Limitation

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

(A)

353; or

(B)

the number obtained by—

(i)

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

(ii)

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

(2)

Cost-per-tail factor

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

(A)

the affordability cost target for F–35B aircraft of the Marine Corps (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by

(B)

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

(c)

F–35C quantity limit for the Navy

(1)

Limitation

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

(A)

273; or

(B)

the number obtained by—

(i)

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

(ii)

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

(2)

Cost-per-tail factor

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

(A)

the affordability cost target for F–35C aircraft of the Navy (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by

(B)

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

(d)

F–35C Quantity limit for the Marine Corps

(1)

Limitation

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

(A)

67; or

(B)

the number obtained by—

(i)

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

(ii)

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

(2)

Cost-per-tail factor

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

(A)

the affordability cost target for F–35C aircraft of the Marine Corps (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by

(B)

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

(e)

Determination of required affordability cost targets

(1)

Air force

Not later than October 1, 2025, the Secretary of the Air Force shall—

(A)

determine an affordability cost target to be used for purposes of subsection (a)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35A aircraft of the Air force for fiscal year 2027; and

(B)

submit to the congressional defense committees a certification identifying the affordability cost target determined under subparagraph (A).

(2)

Navy and Marine Corps

Not later than October 1, 2025, the Secretary of the Navy shall—

(A)

determine an affordability cost target to be used for purposes of subsection (b)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35B aircraft of the Marine Corps for fiscal year 2027;

(B)

determine an affordability cost target to be used for purposes of subsection (c)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35C aircraft of the Navy for fiscal year 2027;

(C)

determine an affordability cost target to be used for purposes of subsection (d)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35C aircraft of the Marine Corps for fiscal year 2027; and

(D)

submit to the congressional defense committees a certification identifying each affordability cost target determined under subparagraphs (A) through (C).

(f)

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

(1)

In general

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

(A)

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

(B)

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

(i)

the F–35B aircraft of the Marine Corps during fiscal year 2027;

(ii)

the F–35C aircraft of the Navy during fiscal year 2027; and

(iii)

the F–35C aircraft of the Marine Corps during fiscal year 2027.

(2)

Calculation

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

(A)

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

(i)

unit level manpower;

(ii)

unit operations;

(iii)

maintenance;

(iv)

sustaining support;

(v)

continuing system support; and

(vi)

modifications; and

(B)

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

(g)

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.

(h)

Aircraft defined

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

142.

Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy

(a)

Transfer of functions

(1)

Sustainment functions

Not later than October 1, 2027, the Secretary of Defense shall transfer all functions relating to the management, planning, and execution of sustainment activities for the F–35 aircraft program from the F–35 Joint Program Office to the Secretary of the Air Force and the Secretary of the Navy as follows:

(A)

All functions of the F–35 Joint Program Office relating to the management, planning, and execution of sustainment activities for F–35B and F–35C aircraft shall be transferred to the Department of the Navy, and the Secretary of the Navy shall be the official in the Department of Defense with principal responsibility for carrying out such functions.

(B)

All functions of the F–35 Joint Program Office relating to the management, planning, and execution of sustainment activities for F–35A aircraft shall be transferred to the Department of the Air Force, and the Secretary of the Air Force shall be the official in the Department of Defense with principal responsibility for carrying out such functions.

(2)

Acquisition functions

Not later than October 1, 2029, the Secretary of Defense shall transfer all acquisition functions for the F–35 aircraft program from the F–35 Joint Program Office to the Secretary of the Air Force and the Secretary of the Navy as follows:

(A)

All functions of the F–35 Joint Program Office relating to the acquisition of F–35B and F–35C aircraft shall be transferred to the Department of the Navy, and the Secretary of the Navy shall be the official in the Department of Defense with principal responsibility for carrying out such functions.

(B)

All functions of the F–35 Joint Program Office relating to the acquisition of F–35A aircraft shall be transferred to the Department of the Air Force, and the Secretary of the Air Force shall be the official in the Department of Defense with principal responsibility for carrying out such functions.

(b)

Transition plan

Not later than October 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretary of the Air Force and the Secretary of the Navy, shall submit to the congressional defense committees a plan for carrying out the transfers required under subsection (a).

143.

Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities

(a)

Review of redundancies

The Secretary of Defense shall conduct a review of all established and planned efforts to provide air-based and space-based ground moving target indicator capability to identify, eliminate, and prevent redundancies of such efforts across the Department of Defense.

(b)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the capability described in subsection (a), not more than 75 percent may be obligated or expended for procurement or research and development for such capability until the date on which the Vice Chairman of the Joint Chiefs of Staff submits to the congressional defense committees the information required under subsection (c).

(c)

Information required

The Vice Chairman of the Joint Chiefs of Staff, in consultation with the Secretaries of the military departments and the heads of such other agencies as the Secretary of Defense considers relevant to the ground moving target indicator capability described in subsection (a), shall submit to the congressional defense committees the following:

(1)

A list of all procurement and research and development efforts relating to the capability that are funded by—

(A)

the Department of Defense; or

(B)

any other department or agency of the Federal Government.

(2)

A description of how the efforts described in paragraph (1) will—

(A)

provide real-time information to relevant military end users through the use of air battle managers; and

(B)

meet the needs of combatant commanders with respect to priority target tasking.

(3)

Analysis of whether, and to what extent, the efforts described in paragraph (1) comply with—

(A)

the joint all domain command and control requirements and standards of the Department; and

(B)

the validated requirements of the Joint Requirements Oversight Council with respect to ground moving target indicator capabilities.

(4)

Identification of any potential areas of overlap among the efforts described in paragraph (1).

144.

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

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the procurement of aircraft systems for the armed overwatch program of the United States Special Operations Command may be obligated or expended until a period of 15 days has elapsed following the date on which the acquisition roadmap required by section 165(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is submitted to the congressional defense committees.

145.

Analysis of certain radar investment options

(a)

Analysis required

(1)

In general

The Director of Cost Assessment and Program Evaluation shall conduct an analysis of covered radar systems operating in the Navy and the Missile Defense Agency over the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code.

(2)

Elements

The analysis conducted under paragraph (1) shall include the following:

(A)

An independent cost estimate of each covered radar system described in paragraph (1) and each variant thereof.

(B)

An assessment of the capability provided by each such system and variant to address current and future air and missile defense threats.

(C)

In the case of covered radar systems operating in the Navy, an assessment of the capability and technical suitability of each planned configuration for such systems to support current and future distributed maritime operations in contested environments.

(b)

Report

Not later than May 1, 2022, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees a report that includes the following:

(1)

The results of the analysis conducted under subsection (a)(1).

(2)

Such recommendations as the Director may have to achieve greater capability, affordability, and sustainability across covered radar systems described in subsection (a)(1), including variants thereof, during fiscal years 2022 through 2027, including whether—

(A)

to continue to develop and maintain each covered radar system separately; or

(B)

to pursue fewer configurations of such systems.

(c)

Covered radar systems defined

In this section, the term covered radar systems means radar systems with the following designations an any variants thereof:

(1)

AN/SPY–1.

(2)

AN/SPY–3.

(3)

AN/SPY–6.

(4)

AN/SPY–7.

146.

Review and briefing on fielded major weapon systems

(a)

Review and briefing required

Not later than March 1, 2023, the Secretary of Defense shall conduct a review, and provide a briefing to the congressional defense committees, on the processes of the Department of Defense for the management of strategic risk with respect to capabilities of fielded major weapon systems funded in the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code, including a description of the analytical and implementation methodologies used—

(1)

to ensure that fielded major weapon systems meet current and emerging military threats;

(2)

to upgrade or replace any fielded major weapon systems that is not capable of effectively meeting operational requirements or current, evolving, or emerging threats; and

(3)

to develop and implement plans for the replacement and divestment of fielded major weapon systems that address lower-priority military threats, as determined by intelligence assessments and operational requirements.

(b)

Major weapon system defined

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

147.

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

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Codification of National Defense Science and Technology Strategy.

Sec. 212. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders.

Sec. 213. Duties and regional activities of the Defense Innovation Unit.

Sec. 214. Codification of requirement for Defense Established Program to Stimulate Competitive Research.

Sec. 215. Codification of authorities relating to Department of Defense science and technology reinvention laboratories.

Sec. 216. Improvements relating to steering committee on emerging technology and national security threats.

Sec. 217. Improvements relating to national network for microelectronics research and development.

Sec. 218. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions.

Sec. 219. Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense.

Sec. 220. Defense research and engineering activities at minority institutions.

Sec. 221. Test program for engineering plant of DDG(X) destroyer vessels.

Sec. 222. Consortium to study irregular warfare.

Sec. 223. Development and implementation of digital technologies for survivability and lethality testing.

Sec. 224. Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft.

Sec. 225. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base.

Sec. 226. Review of artificial intelligence applications and establishment of performance metrics.

Sec. 227. Modification of the joint common foundation program.

Sec. 228. Executive education on emerging technologies for senior civilian and military leaders.

Sec. 229. Activities to accelerate development and deployment of dual-use quantum technologies.

Sec. 230. National Guard participation in microreactor testing and evaluation.

Sec. 231. Pilot program on the use of private sector partnerships to promote technology transition.

Sec. 232. Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense.

Sec. 233. Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations.

Sec. 234. Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis.

Sec. 235. Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity.

Sec. 236. Limitation on availability of funds for certain C–130 aircraft.

Sec. 237. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation.

Sec. 238. Limitation on availability of funds for the High Accuracy Detection and Exploitation System.

Subtitle C—Plans, Reports, and Other Matters

Sec. 241. Modification to annual report of the Director of Operational Test and Evaluation.

Sec. 242. Adaptive engine transition program acquisition strategy for the F–35A aircraft.

Sec. 243. Acquisition strategy for an advanced propulsion system for F–35B and F–35C aircraft.

Sec. 244. Assessment of the development and test enterprise of the Air Force Research Laboratory.

Sec. 245. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories.

Sec. 246. Report on autonomy integration in major weapon systems.

Sec. 247. Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense.

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.

Codification of National Defense Science and Technology Strategy

(a)

In general

Chapter 2 of title 10, United States Code, as amended by section 1081 of this Act, is further amended by inserting before section 119, the following new section:

118c.

National Defense Science and Technology Strategy

(a)

In general

The Secretary of Defense shall develop a strategy—

(1)

to articulate the science and technology priorities, goals, and investments of the Department of Defense;

(2)

to make recommendations on the future of the defense research and engineering enterprise and its continued success in an era of strategic competition; and

(3)

to establish an integrated approach to the identification, prioritization, development, and fielding of emerging capabilities and technologies.

(b)

Elements

The strategy required under subsection (a) shall—

(1)

inform the development of each National Defense Strategy under section 113(g) of this title and be aligned with Government-wide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President;

(2)

link the priorities, goals, and investments in subsection (a)(1) with needed critical enablers to specific programs, or broader portfolios, including—

(A)

personnel and workforce capabilities;

(B)

facilities for research and test infrastructure;

(C)

relationships with academia, the acquisition community, the operational community, the defense industry, and the commercial sector; and

(D)

funding, investments, personnel, facilities, and relationships with other departments and agencies of the Federal Government outside the Department of Defense without which defense capabilities would be severely degraded;

(3)

support the coordination of acquisition priorities, programs, and timelines of the Department with the activities of the defense research and engineering enterprise;

(4)

include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy;

(5)

identify mechanisms that may be used to identify critical capabilities and technological applications required to address operational challenges outlined in the National Defense Strategy under section 113(g) of this title;

(6)

identify processes to inform senior leaders and policy makers on the potential impacts of emerging technologies for the purpose of shaping the development of policies and regulations;

(7)

support the efficient integration of capabilities and technologies to close near-term, mid-term, and long-term capability gaps;

(8)

support the development of appropriate investments in research and technology development within the Department, and appropriate partnerships with the defense industry and commercial industry; and

(9)

identify mechanisms to provide information on defense technology priorities to industry to enable industry to invest deliberately in emerging technologies to build and broaden the capabilities of the industrial base.

(c)

Coordination

The Secretary of Defense shall develop the strategy under subsection (a) in coordination with relevant entities within the Office of the Secretary of Defense, the military departments, the research organizations of Defense Agencies and Department of Defense Field Activities, the intelligence community, defense and technology industry partners, research and development partners, other Federal research agencies, allies and partners of the United States, and other appropriate organizations.

(d)

Considerations

In developing the strategy under subsection (a), the Secretary of Defense shall consider—

(1)

the operational challenges identified in the National Defense Strategy and the technological threats and opportunities identified through the global technology review and assessment activities of the Department of Defense, the intelligence community, and other technology partners;

(2)

current military requirements and emerging technologies in the defense and commercial sectors;

(3)

the capabilities of foreign near-peer and peer nations;

(4)

the need to support the development of a robust trusted and assured industrial base to manufacture and sustain the technologies and capabilities to meet defense requirements; and

(5)

near-term, mid-term, and long-term technology and capability development goals.

(e)

Reports

(1)

Subsequent reports and updates

Not later than February 1 of the year following each fiscal year in which the National Defense Strategy is submitted under section 113(g) of this title, the Secretary of Defense shall submit to the congressional defense committees a report that includes an updated version of the strategy under subsection (a). Each update to such strategy shall be prepared for purposes of such report based on emerging requirements, technological developments in the United States, and technical intelligence derived from global technology reviews conducted by the Secretary of Defense.

(2)

Form of reports

The reports submitted under paragraph (1) may be submitted in a form determined appropriate by the Secretary of Defense, which may include classified, unclassified, and publicly releasable formats, as appropriate.

(f)

Briefing

Not later than 90 days after the date on which the strategy under subsection (a) is completed, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation plan for the strategy.

(g)

Designation

The strategy developed under subsection (a) shall be known as the National Defense Science and Technology Strategy.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 119 the following new item:

118c. National Defense Science and Technology Strategy.

.

(c)

Conforming repeal

Section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679) is repealed.

(d)

Conforming amendment

Section 2358b(c)(2)(B)(ii) of title 10, United States Code, is amended by striking section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679) and inserting section 118c of this title.

212.

Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders

(a)

In general

Section 2358a of title 10, United States Code, is amended—

(1)

by redesignating subsection (f) as subsection (g); and

(2)

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

(f)

Direct hire authority at personnel demonstration laboratories for advanced degree holders

(1)

Authority

The Secretary of Defense may appoint qualified candidates possessing an advanced degree to positions described in paragraph (2) without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title.

(2)

Applicability

This subsection applies with respect to candidates for scientific and engineering positions within any laboratory designated by section 4121(b) of this title as a Department of Defense science and technology reinvention laboratory.

(3)

Limitation

(A)

Authority under this subsection may not, in any calendar year and with respect to any laboratory, be exercised with respect to a number of candidates greater than the number equal to 5 percent of the total number of scientific and engineering positions within such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year.

(B)

For purposes of this paragraph, positions and candidates shall be counted on a full-time equivalent basis.

.

(b)

Repeal

Section 1108 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4618 ) is hereby repealed.

(c)

Conforming amendments

(1)

Section 255(b)(5)(B) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2223a note) is amended by striking in section 2358a(f)(3) of and inserting in section 2358a(g) of.

(2)

Section 223(d)(3)(C) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2358 note) is amended by striking in section 2358a(f) of and inserting in section 2358a(g) of.

(3)

Section 249(g)(1)(C) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking in section 2358a(f)(3) of and inserting in section 2358a(g) of.

213.

Duties and regional activities of the Defense Innovation Unit

(a)

Duties of DIU joint reserve detachment

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

(ii)

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

(I)

National Defense Strategy;

(II)

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

(III)

relevant policy and guidance from the Secretary of Defense; 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 modernization priority areas and such other key technology areas as may be identified by the Secretary; and

(2)

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

214.

Codification of requirement for Defense Established Program to Stimulate Competitive Research

(a)

In general

Chapter 301 of title 10, United States Code, as added by section 1841 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) and amended by this Act, is further amended by inserting after section 4007 the following new section:

4010.

Defense Established Program to Stimulate Competitive Research

(a)

Program required

The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a Defense Established Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense.

(b)

Program objectives

The objectives of the program are as follows:

(1)

To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense.

(2)

To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is relevant to the mission of the Department of Defense and competitive under the peer-review systems used for awarding Federal research assistance.

(3)

To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research.

(c)

Program activities

In order to achieve the program objectives, the following activities are authorized under the program:

(1)

Competitive award of grants for research and instrumentation to support such research.

(2)

Competitive award of financial assistance for graduate students.

(3)

To provide assistance to science and engineering researchers at institutions of higher education in eligible States through collaboration between Department of Defense laboratories and such researchers.

(4)

Any other activities that are determined necessary to further the achievement of the objectives of the program.

(d)

Eligible States

(1)

The Under Secretary of Defense for Research and Engineering shall designate which States are eligible States for the purposes of this section.

(2)

The Under Secretary shall designate a State as an eligible State if, as determined by the Under Secretary—

(A)

the average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to 1⁄50 of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be; and

(B)

the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs in areas relevant to the mission of the Department of Defense at institutions of higher education in the State.

(3)

The Under Secretary shall not remove a designation of a State under paragraph (2) because the State exceeds the funding levels specified under subparagraph (A) of such paragraph unless the State has exceeded such funding levels for at least two consecutive years.

(e)

Coordination with similar federal programs

(1)

The Secretary may consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the program and may coordinate the program with the Established Program to Stimulate Competitive Research conducted by the National Science Foundation and with similar programs sponsored by other departments and agencies of the Federal Government.

(2)

All solicitations under the Defense Established Program to Stimulate Competitive Research may be made to, and all awards may be made through, the State committees established for purposes of the Established Program to Stimulate Competitive Research conducted by the National Science Foundation.

(3)

A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Established Program to Stimulate Competitive Research are relevant to the mission of the Department of Defense and coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research.

(f)

State defined

In this section, the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 301 of such title, as added by section 1841 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) and amended by this Act, is further amended by striking the item relating to section 4010 and inserting the following new item:

4010. Defense Established Program to Stimulate Competitive Research.

.

(c)

Conforming repeals

(1)

Section 307 of title I of the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia (Public Law 105–18; 10 U.S.C. 2358 note) is repealed.

(2)

Section 257 of title II of division A of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2358 note) is repealed.

(d)

Effective date

This section and the amendments and repeals made by this section shall take effect immediately after the effective date of the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

215.

Codification of authorities relating to Department of Defense science and technology reinvention laboratories

(a)

In general

Subchapter III of chapter 303 of title 10, United States Code, as added by section 1842 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended by inserting after the heading for subchapter III the following new section:

4121.

Science and technology reinvention laboratories: authority and designation

(a)

In general

(1)

The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories.

(2)
(A)

Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project.

(B)

For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 (Public Law 98–224) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California.

(3)

If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5 shall apply to the demonstration project, except that—

(A)

subsection (d) of such section 4703 shall not apply to the demonstration project;

(B)

the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and

(C)

the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals).

(4)

The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering.

(5)

The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe salary schedules and other related benefits.

(b)

Designation of laboratories

Each of the following is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a):

(1)

The Air Force Research Laboratory.

(2)

The Joint Warfare Analysis Center.

(3)

The Army Research Institute for the Behavioral and Social Sciences.

(4)

The Combat Capabilities Development Command Armaments Center.

(5)

The Combat Capabilities Development Command Army Research Laboratory.

(6)

The Combat Capabilities Development Command Aviation and Missile Center.

(7)

The Combat Capabilities Development Command Chemical Biological Center.

(8)

The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center.

(9)

The Combat Capabilities Development Command Ground Vehicle Systems Center.

(10)

The Combat Capabilities Development Command Soldier Center.

(11)

The Engineer Research and Development Center.

(12)

The Medical Research and Development Command.

(13)

The Technical Center, US Army Space and Missile Defense Command.

(14)

The Naval Air Systems Command Warfare Centers.

(15)

The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center.

(16)

The Naval Information Warfare Centers, Atlantic and Pacific.

(17)

The Naval Medical Research Center.

(18)

The Naval Research Laboratory.

(19)

The Naval Sea Systems Command Warfare Centers.

(20)

The Office of Naval Research.

(c)

Conversion procedures

The Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection—

(1)

shall not adversely affect any employee with respect to pay or any other term or condition of employment;

(2)

shall be consistent with section 4703(f) of title 5;

(3)

shall be completed within 18 months after designation; and

(4)

shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5) or senior executives (as defined by section 3132(a)(3) of such title).

(d)

Limitation

The science and technology reinvention laboratories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior congressional authorization.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 303 of such title, as added by section 1842 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended by striking the item relating to section 4121 and inserting the following:

4121. Science and technology reinvention laboratories: authority and designation.

.

(c)

Conforming repeals

(1)

Section 1105 of the National Defense Authorization Act For Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note) is hereby repealed.

(2)

Subsection (b) of section 342 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2358 note) is hereby repealed.

(d)

Conforming amendments

(1)

Section 1601(f) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2358 note) is amended by striking section 342 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721) and inserting section 4121(a) of title 10, United States Code.

(2)

Section 1107 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2358 note) is amended—

(A)

by amending subsection (a) to read as follows:

(e)

Requirement

The Secretary of Defense shall take all necessary actions to fully implement and use the authorities provided to the Secretary under subsection (a) of section 4121 of title 10, United States Code, to carry out personnel management demonstration projects at Department of Defense laboratories designated by subsection (b) of such section as Department of Defense science and technology reinvention laboratories.

;

(B)

in subsection (c), by striking designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2486) and inserting designated by section 4121(b) of title 10, United States Code; and

(C)

in subsection (e)(3), by striking section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (as cited in subsection (a)) and inserting section 4121(a) of title 10, United States Code.

(3)

Section 1109(c) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2358 note) is amended by striking specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2486; 10 U.S.C. 2358 note) and inserting designated under section 4121(b) of title 10, United States Code.

(4)

Section 2803(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2358 note) is amended by striking (as designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note) and inserting (as designated under section 4121(b) of title 10, United States Code).

(5)

Section 1108(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 1580 note prec.) is amended by striking section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2486; 10 U.S.C. 2358 note) and inserting section 4121(b) of title 10, United States Code.

(6)

Section 211(g) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note), as amended and inserting under section 4121(b)of title 10, United States Code.

(7)

Section 233(a)(2)(A) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2358 note) is amended by striking as specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note) and inserting as designated under section 4121(b) of title 10, United States Code.

(8)

Section 223(d)(3)(B) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note) and inserting under section 4121(b) of title 10, United States Code.

(9)

Section 252(e)(1) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note) and inserting under section 4121(b) of title 10, United States Code.

(10)

Section 255(b)(5)(A) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 223a note) is amended by striking (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note)) and inserting (as designated under section 4121(b) of title 10, United States Code).

(11)

Section 249 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(A)

in subsection (e)(1)(A), by striking under section 2358a of title 10, United States Code and inserting under section 4121(b) of title 10, United States Code; and

(B)

in subsection (g)(1)(B) by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note) and inserting under section 4121(b) of title 10, United States Code.

(12)

Section 2124(h)(3) of title 10, United States Code, as redesignated by section 1843(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended by striking designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note) and inserting designated under section 4121(b) of this title.

(13)

Section 4091 of title 10, United States Code, as redesignated by section 1843(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended—

(A)

in subsection (b), by striking designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note) both places it appears and inserting designated by section 4121(b) of this title; and

(B)

in subsection (d)(2), by striking pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2358 note) both places it appears and inserting pursuant to section 4121(a) of this title.

(14)

Section 4094(f) of title 10, United States Code, as transferred and redesignated by this Act, is amended by striking by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note) and inserting by section 4121(b) of this title.

(e)

Effective date

This section and the amendments and repeals made by this section shall take effect immediately after the effective date of the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

216.

Improvements relating to steering committee on emerging technology and national security threats

Section 236 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended—

(1)

in subsection (a), by striking may and inserting and the Director of National Intelligence may jointly;

(2)

in subsection (b), by—

(A)

by striking paragraphs (3) through (8); and

(B)

by inserting after paragraph (2) the following:

(3)

The Principal Deputy Director of National Intelligence.

(4)

Such other officials of the Department of Defense and intelligence community as the Secretary of Defense and the Director of National Intelligence jointly determine appropriate.

;

(3)

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

(4)

by inserting after subsection (b) the following:

(c)

Leadership

The Steering Committee shall be chaired by the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, and the Principal Deputy Director of National Intelligence jointly.

;

(5)

in subsection (d), as redesignated by paragraph (3)—

(A)

in paragraph (1)—

(i)

by striking a strategy and inserting strategies;

(ii)

by inserting and intelligence community after United States military; and

(iii)

by inserting and National Intelligence Strategy, and consistent with the National Security Strategy after National Defense Strategy;

(B)

in paragraph (3)—

(i)

in the matter before subparagraph (A), by inserting and the Director of National Intelligence after the Secretary of Defense;

(ii)

in subparagraph (A), by striking strategy and inserting strategies;

(iii)

in subparagraph (D), by striking ; and and inserting a semicolon;

(iv)

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

(v)

by inserting after subparagraph (D) the following:

(E)

any changes to the guidance for developing the National Intelligence Program budget required by section 102A(c)(1)(A) of the National Security Act of 1947 (50 U.S.C. 3024(c)(1)(A)), that may be required to implement the strategies under paragraph (1); and

; and

(vi)

in subparagraph (F), as redesignated by clause (iv), by inserting and the intelligence community after Department of Defense; and

(C)

in paragraph (4), by inserting and Director of National Intelligence, jointly after Secretary of Defense;

(6)

by amending subsection (e), as redesignated by paragraph (3), to read as follows:

(e)

Definitions

In this section:

(1)

The term emerging technology means technology jointly determined to be in an emerging phase of development by the Secretary of Defense and the Director of National Intelligence, including quantum information science and technology, data analytics, artificial intelligence, autonomous technology, advanced materials, software, high performance computing, robotics, directed energy, hypersonics, biotechnology, medical technologies, and such other technology as may be jointly identified by the Secretary and the Director.

(2)

The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

; and

(7)

in subsection (f), as redesignated by paragraph (3), by striking October 1, 2024 and inserting October 1, 2025.

217.

Improvements relating to national network for microelectronics research and development

Section 9903(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1)

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

(2)

by adding at the end the following new paragraph:

(3)

Selection of entities

(A)

In general

In carrying out paragraph (1), the Secretary shall, through a competitive process, select two or more entities to carry out the activities described in paragraph (2) as part of the network established under paragraph (1).

(B)

Geographic diversity

The Secretary shall, to the extent practicable, ensure that the entities selected under subparagraph (A) collectively represent the geographic diversity of the United States.

.

218.

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

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

(1)

by amending subsection (c) to read as follows:

(c)

Consultation with other organizations

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

;

(2)

in subsection (e)—

(A)

by redesignating paragraph (31) as paragraph (36); and

(B)

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

(31)

Nuclear science, security, and nonproliferation.

(32)

Chemical, biological, radiological, and nuclear defense.

(33)

Spectrum activities.

(34)

Research security and integrity.

(35)

Printed circuit boards.

; and

(3)

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

219.

Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense

Section 233(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2358 note) is amended by striking Chief Management Officer and inserting Deputy Secretary of Defense or a designee of the Deputy Secretary.

220.

Defense research and engineering activities at minority institutions

(a)

Plan to promote defense research at minority institutes

(1)

In general

The Secretary of Defense shall develop a plan to promote defense-related engineering, research, and development activities at minority institutions for the purpose of elevating the capacity of such institutions in those areas.

(2)

Elements

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

(A)

An assessment of the engineering, research, and development capabilities of minority institutions, including an assessment of the workforce and physical research infrastructure of such institutions.

(B)

An assessment of the ability of minority institutions—

(i)

to participate in defense-related engineering, research, and development activities; and

(ii)

to effectively compete for defense-related engineering, research, and development contracts.

(C)

An assessment of the activities and investments necessary—

(i)

to elevate minority institutions or a consortium of minority institutions (including historically black colleges and universities) to R1 status on the Carnegie Classification of Institutions of Higher Education;

(ii)

to increase the participation of minority institutions in defense-related engineering, research, and development activities; and

(iii)

to increase the ability of such institutions ability to effectively compete for defense-related engineering, research, and development contracts.

(D)

Recommendations identifying actions that may be taken by the Secretary, Congress, minority institutions, and other organizations to increase the participation of minority institutions in defense-related engineering, research, and development activities and contracts.

(E)

The specific goals, incentives, and metrics developed by the Secretary under subparagraph (D) to increase and measure the capacity of minority institutions to address the engineering, research, and development needs of the Department.

(3)

Consultation

In developing the plan under paragraph (1), the Secretary of Defense shall consult with such other public and private sector organizations as the Secretary determines appropriate.

(4)

Report

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—

(A)

submit to the congressional defense committees a report that includes the plan developed under paragraph (1); and

(B)

make the plan available on a publicly accessible website of the Department of Defense.

(b)

Activities to support the research and engineering capacity of historically black colleges and universities and minority institutions

(1)

In general

Subject to the availability of appropriations, the Secretary may establish a program to award contracts, grants, or other agreements on a competitive basis, and to perform other appropriate activities for the purposes described in paragraph (2).

(2)

Purposes

The purposes described in this paragraph are the following:

(A)

Developing the capability, including workforce and research infrastructure, for minority institutions to more effectively compete for Federal engineering, research, and development funding opportunities.

(B)

Improving the capability of such institutions to recruit and retain research faculty, and to participate in appropriate personnel exchange programs and educational and career development activities.

(C)

Any other purposes the Secretary determines appropriate for enhancing the defense-related engineering, research, and development capabilities of minority institutions.

(c)

Increasing partnerships for minority institutions with national security research and engineering organizations

Section 2362 of title 10, United States Code, is amended—

(1)

in subsection (a), by striking Assistant Secretary each place it appears and inserting Under Secretary; and

(2)

in subsection (d)—

(A)

by striking The Secretary of Defense may and inserting the following:

(1)

The Secretary of Defense may

; and

(B)

by adding at the end the following paragraph:

(2)

The Secretary of Defense shall establish goals and incentives to encourage federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense—

(A)

to assess the capacity of covered educational institutions to address the research and development needs of the Department through partnerships and collaborations; and

(B)

if appropriate, to enter into partnerships and collaborations with such institutions.

.

(d)

Minority institution defined

In this section, the term minority institution means a covered educational institution (as defined in section 2362 of title 10, United States Code).

221.

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

(a)

Test program required

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

(b)

Administration

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

(c)

Elements

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

(1)

Electrical propulsion motor.

(2)

Other propulsion drive train components.

(3)

Main propulsion system.

(4)

Electrical generation and distribution systems.

(5)

Machinery control systems.

(6)

Power control modules.

(d)

Test objectives

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

(1)

Test of a single shipboard representative propulsion drive train.

(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.

222.

Consortium to study irregular warfare

(a)

Establishment

The Secretary of Defense may establish a research consortium of institutions of higher education to study irregular warfare and the responses to irregular threats.

(b)

Purposes

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

To transition promising basic research—

(A)

to higher stages of research and development; and

(B)

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

(6)

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

(7)

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

(A)

the understanding of irregular threats; and

(B)

the integration of data-based responses to such threats.

(8)

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

(9)

To support the work of a Department of Defense Functional Center for Security Studies in Irregular Warfare if such Center is established pursuant to section 1299L of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

(10)

To carry out such other research initiatives relating to irregular warfare and irregular threats as the Secretary of Defense determines appropriate.

(c)

Partnerships

If the Secretary of Defense establishes a research consortium under subsection (a), the Secretary shall encourage partnerships between the consortium and university-affiliated research centers and other research institutions, as appropriate.

(d)

Institution of higher education defined

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

223.

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)

The term covered officials means—

(A)

the Under Secretary of Defense for Research and Engineering;

(B)

the Under Secretary of Defense for Acquisition and Sustainment;

(C)

the Chief Information Officer;

(D)

the Director;

(E)

the Director of Cost Assessment and Program Evaluation;

(F)

the Service Acquisition Executives;

(G)

the Service testing commands;

(H)

the Director of the Defense Digital Service; and

(I)

representatives from—

(i)

the Department of Defense Test Resource Management Center;

(ii)

the High Performance Computing Modernization Program Office; and

(iii)

the Joint Technical Coordination Group for Munitions Effectiveness.

(2)

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

(3)

The term Department means the Department of Defense.

(4)

The term digital technologies includes digital models, digital simulations, and digital twin capabilities that may be used to test the survivability and lethality of a covered system.

(5)

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

(6)

The term full spectrum survivability and lethality testing means a series of assessments of the effects of kinetic and non-kinetic threats on the communications, firepower, mobility, catastrophic survivability, and lethality of a covered system.

(7)

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

(A)

cyber attacks;

(B)

electromagnetic spectrum operations;

(C)

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

(D)

directed energy weapons.

(8)

The term Secretary means the Secretary of Defense.

224.

Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft

(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 each fleet of tactical fighter aircraft (including each type and model variant of aircraft within the fleet) that uses the Onboard Oxygen Generating System for the pilot breathing system (in this section referred to as the breathing system) to—

(1)

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

(2)

assess the safety and effectiveness of the breathing system for all pilots of the aircraft fleet tested.

(b)

Requirements

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

(1)

The F–35 aircraft fleet shall be the first aircraft fleet tested and evaluated, and such testing and evaluation shall include F–35A, F–35B, and F–35C aircraft.

(2)

The pilot, aircraft systems, and operational flight environment of the aircraft shall not be assessed in isolation but shall be tested and evaluated as integrated parts of the breathing system.

(3)

The testing and evaluation shall be conducted under a broad range of operating conditions, including variable weather conditions, low-altitude flight, high-altitude flight, during weapons employment, at critical phases of flight such as take-off and landing, and in other challenging environments and operating flight conditions.

(4)

The testing and evaluation shall assess operational flight environments for the pilot that replicate expected conditions and durations for high gravitational force loading, rapid changes in altitude, rapid changes in airspeed, and varying degrees of moderate gravitational force loading.

(5)

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

(A)

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

(B)

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

(6)

Aircraft involved in the testing and evaluation shall perform operations with operationally representative and realistic aircraft configurations.

(7)

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

(8)

The testing and evaluation shall include testing data from pilot reports, measurements of breathing pressures and air delivery response timing and flow, cabin pressure, air-speed, acceleration, measurements of hysteresis during all phases of flight, measurements of differential pressure between mask and cabin altitude, and measurements of spirometry and specific oxygen saturation levels of the pilot immediately before and immediately after each flight.

(9)

The analysis of the safety and effectiveness of the breathing system shall thoroughly assess any physiological effects reported by pilots, including effects on health, fatigue, cognition, and perception of any breathing difficulty.

(10)

The testing and evaluation shall include the participation of subject matter experts who have familiarity and technical expertise regarding design and functions of the aircraft, its propulsion system, pilot breathing system, life support equipment, human factors, and any other systems or subject matter the Secretary determines necessary to conduct effective testing and evaluation. At a minimum, such subject matter experts shall include aerospace physiologists, engineers, flight surgeons, and scientists.

(11)

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 a final report under subsection (e) for an aircraft fleet, the Secretary of Defense shall take such actions as are necessary to correct all deficiencies, shortfalls, and gaps in the breathing system that were discovered or reported as a result of the testing and evaluation of such aircraft fleet under subsection (a).

(d)

Preliminary reports

(1)

In general

Not later than the date specified in paragraph (2), for each aircraft fleet tested and evaluated under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a separate preliminary report, based on the initial results of such testing and evaluation, that includes—

(A)

the initial findings and recommendations of the Secretary;

(B)

potential corrective actions that the Secretary of Defense may carry out to address deficiencies in the breathing system of the aircraft tested; and

(C)

the results of initial review and assessment, conducted by the Administrator of the National Aeronautics and Space Administration for purposes of the report, of—

(i)

the testing and evaluation plans, execution, processes, data, and technical results of the testing and evaluation activities under subsection (a); and

(ii)

the initial findings, recommendations, and potential corrective actions determined by the Secretary of Defense under subparagraphs (A) and (B).

(2)

Date specified

The date specified in this paragraph is the earlier of—

(A)

a date selected by the Secretary of the Air Force that is not later than 180 days after the testing and evaluation of the aircraft fleet under subsection (a) has been completed; or

(B)

one year after the commencement of the testing and evaluation of the aircraft fleet under subsection (a).

(e)

Final reports

Not later than two years after the commencement of the testing and evaluation under subsection (a) for an aircraft fleet, the Secretary of Defense shall submit to the congressional defense committees a final report on the results of such testing with respect to such aircraft fleet that includes, based on the final results of such testing and evaluation—

(1)

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 reports submitted under subsection (e).

(2)

Report to Secretary

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

(3)

Report to Congress

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

225.

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 identify each facility and capability of the Major Range and Test Facility Base—

(1)

the primary mission of which is the test and evaluation of hypersonics technology; or

(2)

that provides other test and evaluation capabilities to support the development of hypersonics technology.

(b)

Briefing

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on a plan to improve the capabilities identified under subsection (a), including—

(1)

a schedule for such improvements; and

(2)

a description of any organizational changes, investments, policy changes, or other activities the Secretary proposes to carry out as part of such plan.

(c)

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.

226.

Review of artificial intelligence applications and establishment of performance metrics

(a)

In general

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

(1)

review the potential applications of artificial intelligence and digital technology to the platforms, processes, and operations of the Department of Defense; and

(2)

establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into such platforms, processes, and operations.

(b)

Performance objectives and accompanying metrics

(1)

Skill gaps

In carrying out subsection (a), the Secretary of Defense shall require each Secretary of a military department and the heads of such other organizations and elements of the Department of Defense as the Secretary of Defense determines appropriate to—

(A)

conduct a comprehensive review and assessment of—

(i)

skill gaps in the fields of software development, software engineering, data science, and artificial intelligence;

(ii)

the qualifications of civilian personnel needed for both management and specialist tracks in such fields; and

(iii)

the qualifications of military personnel (officer and enlisted) needed for both management and specialist tracks in such fields; and

(B)

establish recruiting, training, and talent management performance objectives and accompanying metrics for achieving and maintaining staffing levels needed to fill identified gaps and meet the needs of the Department for skilled personnel.

(2)

AI modernization activities

In carrying out subsection (a), the Secretary of Defense shall—

(A)

assess investment by the Department of Defense in artificial intelligence innovation, science and technology, and research and development;

(B)

assess investment by the Department in test and evaluation of artificial intelligence capabilities; and

(C)

establish performance objectives and accompanying metrics for artificial intelligence modernization activities of the Department.

(3)

Exercises, wargames, and experimentation

In conjunction with the activities of the Secretary of Defense under subsection (a), the Chairman of the Joint Chiefs of Staff, in coordination with the Director of the Joint Artificial Intelligence Center, shall—

(A)

assess the integration of artificial intelligence into war-games, exercises, and experimentation; and

(B)

develop performance objectives and accompanying metrics for such integration.

(4)

Logistics and sustainment

In carrying out subsection (a), the Secretary of Defense shall require the Under Secretary of Defense for Acquisition and Sustainment, with support from the Director of the Joint Artificial Intelligence Center, to—

(A)

assess the application of artificial intelligence in logistics and sustainment systems; and

(B)

establish performance objectives and accompanying metrics for integration of artificial intelligence in the Department of Defense logistics and sustainment enterprise.

(5)

Business applications

In carrying out subsection (a), the Secretary of Defense shall require the Under Secretary of Defense (Comptroller), in coordination with the Director of the Joint Artificial Intelligence Center, to—

(A)

assess the integration of artificial intelligence for administrative functions that can be performed with robotic process automation and artificial intelligence-enabled analysis; and

(B)

establish performance objectives and accompanying metrics for the integration of artificial intelligence in priority business process areas of the Department of Defensee, including the following:

(i)

Human resources.

(ii)

Budget and finance, including audit.

(iii)

Retail.

(iv)

Real estate.

(v)

Health care.

(vi)

Logistics.

(vii)

Such other business processes as the Secretary considers appropriate.

(c)

Report to Congress

Not later than 120 days after the completion of the review required by subsection (a)(1), the Secretary of Defense shall submit to the congressional defense committees a report on—

(1)

the findings of the Secretary with respect to the review and any action taken or proposed to be taken by the Secretary to address such findings; and

(2)

the performance objectives and accompanying metrics established under subsections (a)(2) and (b).

227.

Modification of the joint common foundation program

(a)

Modification of joint common foundation

The Secretary of Defense shall modify the Joint Common Foundation program conducted by the Joint Artificial Intelligence Center to ensure that Department of Defense components can more easily contract with leading commercial artificial intelligence companies to support the rapid and efficient development and deployment of applications and capabilities.

(b)

Qualifying commercial companies

The Secretary of Defense shall take such actions as may be necessary to increase the number of commercial artificial intelligence companies eligible to provide support to Department of Defense components, including with respect to requirements for cybersecurity protections and processes, to achieve automatic authority to operate and provide continuous delivery, security clearances, data portability, and interoperability.

(c)

Use of FAR part 12

The Secretary of Defense shall ensure that, to the maximum extent practicable, commercial artificial intelligence companies are able to offer platforms, services, applications, and tools to Department of Defense components through processes and procedures under part 12 of the Federal Acquisition Regulation.

(d)

Objectives of the Joint Common Foundation program

The objectives of the Joint Common Foundation program shall include the following:

(1)

Relieving Department of Defense components of the need to design or develop or independently contract for the computing and data hosting platforms and associated services on and through which the component at issue would apply its domain expertise to develop specific artificial intelligence applications.

(2)

Providing expert guidance to components in selecting commercial platforms, tools, and services to support the development of component artificial intelligence applications.

(3)

Ensuring that leading commercial artificial intelligence technologies and capabilities are easily and rapidly accessible to components through streamlined contracting processes.

(4)

Assisting components in designing, developing, accessing, or acquiring commercial or non-commercial capabilities that may be needed to support the operational use of artificial intelligence applications.

(5)

Enabling companies to develop software for artificial intelligence applications within secure software development environments that are controlled, sponsored, required, or specified by the Department of Defense, including PlatformOne of the Department of the Air Force

(e)

Briefing

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on actions taken to carry out this section.

228.

Executive education on emerging technologies for senior civilian and military leaders

(a)

Establishment of course

Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall establish executive education activities on emerging technologies for appropriate general and flag officers and senior executive-level civilian leaders that are designed specifically to prepare new general and flag officers and senior executive-level civilian leaders on relevant technologies and how these technologies may be applied to military and business activities in the Department of Defense.

(b)

Plan for participation

(1)

In general

The Secretary of Defense shall develop a plan for participation in executive education activities established under subsection (a).

(2)

Requirements

As part of such plan, the Secretary shall ensure that, not later than five years after the date of the establishment of the activities under subsection (a), all appropriate general flag officers and senior executive-level civilian leaders are—

(A)

required to complete the executive education activities under such subsection; and

(B)

certified as having successfully completed the executive education activities.

(c)

Report

(1)

In general

Not later than the date that is three years after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the status of the implementation of the activities required by subsection (a).

(2)

Contents

The report submitted under paragraph (1) shall include the following:

(A)

A description of the new general and flag officers and senior executive-level civilian leaders for whom the education activities have been designated.

(B)

A recommendation with respect to continuing or expanding the activities required under subsection (a).

229.

Activities to accelerate development and deployment of dual-use quantum technologies

(a)

Activities required

The Secretary of Defense shall establish a set of activities—

(1)

to accelerate the development and deployment of dual-use quantum capabilities;

(2)

to ensure the approach of the United States to investments of the Department of Defense in quantum information science research and development reflects an appropriate balance between scientific progress and the potential economic and security implications of such progress;

(3)

to ensure that the Department of Defense is fully aware and has a technical understanding of the maturity and operational utility of new and emerging quantum technologies; and

(4)

to ensure the Department of Defense consistently has access to the most advanced quantum capabilities available in the commercial sector to support research and modernization activities.

(b)

Assistance program

(1)

Program required

In carrying out subsection (a) and subject to the availability of appropriations for such purpose, the Secretary of Defense shall, acting through the Director of the Defense Advanced Research Projects Agency and in consultation with appropriate public and private sector organizations, establish a program under which the Secretary may award assistance to one or more organizations—

(A)

to identify defense applications for which dual-use quantum technologies provide a clear advantage over competing technologies;

(B)

to accelerate development of such quantum technologies; and

(C)

to accelerate the deployment of dual-use quantum capabilities.

(2)

Form of assistance

Assistance awarded under the program required by paragraph (1) may consist of a grant, a contract, a cooperative agreement, other transaction, or such other form of assistance as the Secretary of Defense considers appropriate.

(3)

Authorities and acquisition approaches

The Secretary of Defense may use the following authorities and approaches for the program required by paragraph (1):

(A)

Section 2374a of title 10, United States Code, relating to prizes for advanced technology achievements.

(B)

Section 2373 of such title, relating to procurement for experimental purposes.

(C)

Sections 2371 and 2371b of such title, relating to transactions other than contracts and grants and authority of the Department of Defense to carry out certain prototype projects, respectively.

(D)

Section 2358 of such title, relating to research and development projects.

(E)

Section 879 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note), relating to defense pilot program for authority to acquire innovative commercial products, technologies, and services using general solicitation competitive procedures.

(F)

Requirement for milestone payments based on technical achievements.

(G)

Requirement for cost share from private sector participants in the program.

(H)

Commercial procurement authority under part 12 of the Federal Acquisition Regulation.

(I)

Such other authorities or approaches as the Secretary considers appropriate.

(4)

Policies and procedures

The Secretary of Defense shall, in consultation with such experts from government and industry as the Secretary considers appropriate, establish policies and procedures to carry out the program required by paragraph (1).

(c)

Briefing and report

(1)

Briefing

Not later than March 1, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the plan to carry out the activities required by subsection (a) and the program required by subsection (b).

(2)

Report

Not later than December 31, 2022, and not less frequently than once each year thereafter until December 31, 2026, the Secretary of Defense shall submit to the congressional defense committees a report on the activities carried out under subsection (a) and the program carried out under subsection (b).

230.

National Guard participation in microreactor testing and evaluation

The Secretary of Defense may, in coordination with the Director of the Strategic Capabilities Office and the Chief of the National Guard Bureau, assemble a collection of four National Guard units to participate in the testing and evaluation of a micro nuclear reactor program.

231.

Pilot program on the use of private sector partnerships to promote technology transition

(a)

In general

Consistent with section 2359 of title 10, United States Code, the Secretary of Defense shall carry out a pilot program to foster the transition of the science and technology programs, projects, and activities of the Department of Defense from the research, development, pilot, and prototyping phases into acquisition activities and operational use. Under the pilot program, the Secretary shall seek to enter into agreements with qualified private sector organizations to support—

(1)

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

(2)

providing technical assistance to appropriate parties on participating in the procurement programs and acquisition processes of the Department, including training and consulting on programming, budgeting, contracting, requirements, and other relevant processes and activities; and

(3)

overcoming barriers and challenges facing technology developers, including challenges posed by restrictions on accessing secure facilities, networks, and information.

(b)

Priority

In carrying out the activities described in paragraphs (1) through (3) of subsection (a), a qualified private sector organization shall give priority to technology producers that are small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), research institutions (as defined in section 9(e) of such Act), or institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C 1001)).

(c)

Terms of agreements

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

(d)

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 congressional defense 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 into acquisition activities and operational use 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 congressional defense committees as required under subsection (e).

(e)

Briefing

Not later than December 31, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in implementing the pilot program under this section and any related policy issues.

(f)

Consultation

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

(1)

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

(2)

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

(3)

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

(4)

such other individuals and organizations as the Secretary determines appropriate.

(g)

Termination

The pilot program under this section shall terminate on the date that is five years after the date on which Secretary of Defense enters into the first agreement with a qualified private sector organization under subsection (a).

(h)

Comptroller general assessment and report

(1)

Assessment

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

(A)

facilitating the transition of science and technology from the research, development, pilot, and prototyping phases into acquisition activities and operational use within the Department of Defense; and

(B)

protecting sensitive information in the course of the pilot program.

(2)

Report

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

(3)

Date specified

The date specified in this paragraph is the earlier of—

(A)

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

(B)

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

232.

Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense

(a)

Establishment of data repositories

The Secretary of Defense, acting through the Chief Data Officer of the Department of Defense and the Director of the Joint Artificial Intelligence Center (and such other officials as the Secretary determines appropriate), may carry out a pilot program under which the Secretary—

(1)

establishes data repositories containing Department of Defense data sets relevant to the development of artificial intelligence software and technology; and

(2)

allows appropriate public and private sector organizations to access such data repositories for the purpose of developing improved artificial intelligence and machine learning software capabilities that may, as determined appropriate by the Secretary, be procured by the Department to satisfy Department requirements and technology development goals.

(b)

Elements

If the Secretary of Defense carries out the pilot program under subsection (a), the data repositories established under the program—

(1)

may include unclassified training quality data sets and associated labels representative of diverse types of information, representing Department of Defense missions, business processes, and activities; and

(2)

shall—

(A)

be categorized and annotated to support development of a common evaluation framework for artificial intelligence models and other technical software solutions;

(B)

be made available to appropriate public and private sector organizations to support rapid development of software and artificial intelligence capabilities;

(C)

include capabilities and tool sets to detect, evaluate, and correct errors in data annotation, identify gaps in training data used in model development that would require additional data labeling, and evaluate model performance across the life cycle of the data repositories; and

(D)

be developed to support other missions and activities as determined by the Secretary.

(c)

Briefing

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on—

(1)

whether the Secretary intends to carry out the pilot program under this section;

(2)

if the Secretary does not intend to carry out the pilot program, an explanation of the reasons for such decision;

(3)

if the Secretary does intend to carry out the pilot program, or if the Secretary has already initiated the pilot program as of the date of the briefing—

(A)

the types of information the Secretary determines are feasible and advisable to include in the data repositories described in subsection (a); and

(B)

the progress of the Secretary in carrying out the program.

233.

Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations

(a)

Plans

(1)

In general

Not later than 180 days after enactment of this Act, each Secretary of a military department shall submit to the congressional defense committees a plan for a pilot program for the deployment of telecommunications infrastructure to facilitate the availability of fifth-generation wireless telecommunications services on military installations under the jurisdiction of the Secretary.

(2)

Plan elements

Each plan submitted under paragraph (1) by a Secretary of a military department shall include, with respect to such military department, the following:

(A)

A list of military installations at which the pilot program will be carried out, including at least one military installation of the department.

(B)

A description of authorities that will be used to execute the pilot program.

(C)

A timeline for the implementation and duration of the pilot program.

(D)

The identity of each telecommunication carrier that intends to use the telecommunications infrastructure deployed pursuant to the pilot to provide fifth-generation wireless telecommunication services at each of the military installations listed under subparagraph (A).

(E)

An assessment of need for centralized processes and points of contacts to facilitate deployment of the telecommunications infrastructure.

(b)

Pilot programs required

Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall establish a pilot program in accordance with the plan submitted by the Secretary under subsection (a)(1).

(c)

Reports

(1)

In general

Not later than 180 days after the date on which a Secretary of a military department commences a pilot program under subsection (b), and not less frequently than once every 180 days thereafter until the completion of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program.

(2)

Contents

Each report submitted under paragraph (1) for a pilot program shall include the following:

(A)

A description of the status of the pilot program at each military installation at which the pilot program is carried out.

(B)

A description of the use of, and services provided by, telecommunications carriers of the telecommunications infrastructure at each military installation under the pilot program.

(C)

Such additional information as the Secretary of the military department considers appropriate.

(d)

Telecommunications infrastructure defined

In this section, the term telecommunications infrastructure includes, at a minimum, the following:

(1)

Macro towers.

(2)

Small cell poles.

(3)

Distributed antenna systems.

(4)

Dark fiber.

(5)

Power solutions.

234.

Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis

(a)

Limitation

The Secretary of the Army may not enter into a contract for the development of a physical prototype for the Optionally Manned Fighting Vehicle or any other next-generation infantry fighting vehicle of the Army until a period of 30 days has elapsed following the date on which the Secretary submits to the congressional defense committees the report required under subsection (b).

(b)

Report required

(1)

In general

The Secretary of the Army shall submit to the congressional defense committees a report on the analysis supporting the determination of formal requirements or desired characteristics for the Optionally Manned Fighting Vehicle refined through the concept and detailed design phases of the acquisition strategy.

(2)

Elements

The report required by paragraph (1) shall include the following:

(A)

A detailed description of the formal requirements applicable to the Optionally Manned Fighting Vehicle or desired characteristics guiding the physical prototyping phase of the program.

(B)

A description of the analysis conducted to finalize such requirements and characteristics.

(C)

A description of Optionally Manned Fighting Vehicle-equipped force structure designs and the operational concepts analyzed during the vehicle concept design and detailed design phases.

(D)

A detailed description of the analysis conducted, trade-offs considered, and conclusions drawn with respect to the force structure designs and operational concepts, survivability, mobility, lethality, payload, and combat effectiveness in execution of the critical operational tasks required of fighting-vehicle-equipped infantry.

(E)

An assessment and comparison of the combat effectiveness (including survivability, mobility, and lethality) of combined arms company teams equipped with Optionally Manned Fighting Vehicles compared to those equipped with fully modernized Bradley Fighting Vehicles.

(c)

Briefing required

At least 30 days prior to the submission of the report under subsection (b), the Secretary of the Army shall provide to the congressional defense committees a briefing on the preliminary findings of the Secretary with respect to each element specified in subsection (b)(2).

(d)

Comptroller General assessment

Not later than 60 days after the date on which the report under subsection (b) is submitted, the Comptroller General of the United States shall submit to the congressional defense committees a written assessment of the report, including—

(1)

an assessment of the objectivity, validity, and reliability of the Army’s analysis with respect to each element specified in subsection (b)(2); and

(2)

any other matters the Comptroller General determines appropriate.

235.

Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity

(a)

Limitation

(1)

In general

The Secretary of the Navy may not take any action described in paragraph (2) until the date on which the Director of Operational Test and Evaluation, in consultation with the Secretary of the Navy, certifies to the congressional defense committees that the use of non-test designated units to conduct flight testing will not have any appreciable effect on—

(A)

the cost or schedule of any naval aviation or naval aviation-related program; or

(B)

the efficacy of test execution, analysis, and evaluation for any such program.

(2)

Actions described

The actions described in this paragraph are the following:

(A)

The delegation of any operational flight test event to be conducted by a non-test designated unit.

(B)

Any action that would reduce, below the levels authorized and in effect on October 1, 2020, any of the following:

(i)

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

(ii)

The personnel billets assigned to support such capacity.

(iii)

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

(b)

Report required

Not later than September 1, 2022, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that assesses each of the following as of the date of the report:

(1)

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

(2)

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

(3)

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

(c)

Non-test designated unit defined

In this section, the term non-test designated unit means a naval aviation unit that does not have designated as its primary mission operational testing and evaluation in support of naval aviation or naval aviation-related projects and programs.

236.

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 all of the following conditions are met:

(1)

The Secretary of the Navy has submitted to the congressional defense committees a report that includes—

(A)

the unit cost of each such C–130 test aircraft;

(B)

the life cycle sustainment plan for such C–130 aircraft;

(C)

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

(D)

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

(2)

The Secretary of the Navy has certified to the congressional defense committees that C–130 aircraft in the inventory of the Air Force as of the date of the enactment of this Act would not be capable of fulfilling all requirements under the E–6B aircraft program of record.

(3)

The Commander of the United States Strategic Command has submitted to the congressional defense committees a report identifying the plan for hardware that will replace the E–6B aircraft while fulfilling all requirements under the E–6B program of record.

237.

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

(a)

Documentation required

Not later than 30 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees an integrated master schedule that has been approved by the Secretary for the VC–25B presidential aircraft recapitalization program of the Air Force.

(b)

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).

238.

Limitation on availability of funds for the High Accuracy Detection and Exploitation System

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for research, development, test, and evaluation for the Army for the High Accuracy Detection and Exploitation System, not more than 75 percent may be obligated or expended until the Vice Chairman of the Joint Chiefs of Staff certifies to the congressional defense committees that—

(1)

the High Accuracy Detection and Exploitation System enables multi-domain operations for the Army and is consistent with the Joint All Domain Command and Control strategy of the Department of Defense; and

(2)

in a conflict, the System will be able to operate at standoff distances for survivability against enemy air defenses, while providing signals intelligence, electronic intelligence, communications intelligence, or synthetic aperture radar or moving target indicator information to the ground component commander, consistent with planned operational concepts.

C

Plans, Reports, and Other Matters

241.

Modification to annual report of the Director of Operational Test and Evaluation

Section 139(h)(2) of title 10, United States Code, is amended by striking , through January 31, 2026.

242.

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 Secretary of the Air Force, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the integration of the Adaptive Engine Transition Program propulsion system into the F–35A aircraft.

(b)

Elements

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

(1)

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

(A)

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

(B)

begin, not later than fiscal year 2027, activities to retrofit all F–35A aircraft with such propulsion system.

(2)

An implementation plan to implement such strategy.

(3)

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

243.

Acquisition strategy for an advanced propulsion system for 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 an 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 the effects of an advanced propulsion system on the combat effectiveness and sustainment costs of F–35B and F–35C aircraft, including any effects resulting from—

(A)

increased thrust, fuel efficiency, thermal capacity, and electrical generation; and

(B)

improvements in acceleration, speed, range, and overall mission effectiveness.

(2)

An assessment of how the integration of an advanced propulsion system may result in—

(A)

a reduction in dependency on support assets, including air refueling and replenishment tankers; and

(B)

an overall cost benefit to the Department from reduced acquisition and sustainment for such support assets.

(3)

A competitive acquisition strategy (informed by fiscal considerations, the assessment of combat effectiveness under paragraph (1), and consideration of technical limitations)—

(A)

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

(B)

to begin, not later than fiscal year 2027, activities to produce all F–35B aircraft and all F–35C aircraft with such propulsion systems; and

(C)

to begin, not later than fiscal year 2027, activities to retrofit all F–35B aircraft and all F–35C aircraft with such propulsion systems.

(c)

Advanced propulsion system defined

In this section, term advanced propulsion system means—

(1)

a derivative of the propulsion system developed for the F–35 aircraft under the Adaptive Engine Transition Program of the Air Force; or

(2)

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

244.

Assessment of the development and test enterprise of the Air Force Research Laboratory

(a)

Assessment required

The Secretary of the Air Force shall conduct an assessment of the ability of the Air Force Research Laboratory to effectively carry out development and testing activities with respect to the capabilities of the Space Force specific to space access and space operations.

(b)

Report

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the results of the assessment conducted under subsection (a). The report shall include an explanation of—

(1)

any challenges to the development and testing capabilities of the Air Force Research Laboratory as described subsection (a), including any challenges relating to test activities and infrastructure;

(2)

any changes to the organizational structure of the Laboratory that may be needed to enable the laboratory to adequately address the missions of both the Space Force and the Air Force generally, and the amount of funding, if any, required to implement such changes;

(3)

any barriers to the recapitalization of the testing infrastructure of the Laboratory; and

(4)

the plans of the Secretary to address the issues identified under paragraphs (1) through (3).

245.

Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories

(a)

Study required

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Science Board to carry out a study on the resources and capabilities of the test and evaluation organizations, facilities, and laboratories of the Department of Defense.

(2)

Participation

Participants in the study conducted under paragraph (1) shall include the following:

(A)

Such members of the Defense Science Board as the Chairman of the Board considers appropriate for the study.

(B)

Such additional temporary members or contracted support as the Secretary—

(i)

selects from those recommended by the Chairman for purposes of the study; and

(ii)

considers to have significant technical, policy, or military expertise relevant to defense test and evaluation missions.

(3)

Elements

The study conducted under paragraph (1) shall include the following:

(A)

Assessment of the effectiveness of current developmental testing, operational testing, and integrated testing within the Department of Defense in meeting statutory objectives and the test and evaluation requirements of the Adaptive Acquisition Framework.

(B)

Identification of industry and government best practices for conducting developmental testing, operational testing, and integrated testing.

(C)

Potential applicability of industry and government best practices for conducting developmental testing, operational testing, and integrated testing within the Department to improve test and evaluation outcomes.

(D)

Identification of duplication of efforts and other non- or low-value added activities that reduce speed and effectiveness of test and evaluation activities.

(E)

Assessment of test and evaluation oversight organizations within the Office of the Secretary of Defense, including their authorities, responsibilities, activities, resources, and effectiveness, including with respect to acquisition programs of the military departments and Defense Agencies.

(F)

Assessment of the research, development, test, and evaluation infrastructure master plan required under section 252 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2358 note).

(F)

Development and assessment of potential courses of action to improve the effectiveness of oversight of developmental testing, operational testing, and integrated testing activities, and test and evaluation resources within the Office of the Secretary of Defense, including as one such course of action establishing a single integrated office with such responsibilities.

(G)

Development of such recommendations as the Defense Science Board may have for legislative changes, authorities, organizational realignments, and administrative actions to improve test and evaluation oversight and capabilities, and facilitate better test and evaluation outcomes.

(H)

Such other matters as the Secretary considers appropriate.

(4)

Access to information

The Secretary of Defense shall provide the Defense Science Board with timely access to appropriate information, data, resources, and analysis so that the Board may conduct a thorough and independent analysis as required under this subsection.

(5)

Report

(A)

Report of Board

Not later than one year after the date on which the Secretary of Defense directs the Defense Science Board to conduct the study under paragraph (1), or December 1, 2022, whichever occurs earlier, the Board shall transmit to the Secretary a final report on the study.

(B)

Submittal to Congress

Not later than 30 days after the date on which the Secretary of Defense receives the final report under subparagraph (A), the Secretary shall submit to the congressional defense committees such report and such comments as the Secretary considers appropriate.

(b)

Briefing required

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the schedule and plan to execute activities under this section.

246.

Report on autonomy integration in major weapon systems

(a)

Report required

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on activities to resource and integrate autonomy software into appropriate systems to enable the continued operational capability of such systems in GPS-denied environments by fiscal year 2025.

(b)

Elements

The report required under subsection (a) shall include—

(1)

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

(2)

timelines for integrating autonomy software into the systems as identified under paragraph (1);

(3)

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

(4)

plans to leverage advanced artificial intelligence technologies, as appropriate, for such systems;

(5)

plans for ensuring the safety and security of such systems equipped with autonomy software, including plans for testing, evaluation, validation, and verification of such systems; and

(6)

a list of Department of Defense policies in effect as of the date of the report that would need to be modified or revoked in order to implement the software integration described in subsection (a).

(c)

Form

The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

247.

Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense

(a)

Reports required

On an annual basis during the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the recommendations made by the National Security Commission on Artificial Intelligence with respect to the Department of Defense. Each such report shall include—

(1)

for each such recommendation, a determination of whether the Secretary of Defense intends to implement the recommendation;

(2)

in the case of a recommendation the Secretary intends to implement, the intended timeline for implementation, a description of any additional resources or authorities required for such implementation, and the plan for such implementation;

(3)

in the case of a recommendation the Secretary determines is not advisable or feasible, the analysis and justification of the Secretary in making that determination; and

(4)

in the case of a recommendation the Secretary determines the Department is already implementing through a separate line of effort, the analysis and justification of the Secretary in making that determination.

(b)

Briefings required

Not less frequently than once each year during the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on—

(1)

the progress of the Secretary in analyzing and implementing the recommendations made by the National Security Commission on Artificial Intelligence with respect to the Department of Defense;

(2)

any programs, projects, or other activities of the Department that are being carried out to advance the recommendations of the Commission; and

(3)

the amount of funding provided for such programs, projects, and activities.

III

Operation and Maintenance

Title III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

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

Sec. 312. Energy efficiency targets for Department of Defense data centers.

Sec. 313. Grants for maintaining or improving military installation resilience.

Sec. 314. Maintenance of current analytical tools in evaluating energy resilience measures.

Sec. 315. Authority to transfer amounts derived from energy cost savings.

Sec. 316. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States.

Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience.

Sec. 318. Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i.

Sec. 319. Energy, water, and waste net-zero requirement for major military installations.

Sec. 320. Demonstration program on domestic production of rare earth elements from coal byproducts.

Sec. 321. Long-duration demonstration initiative and joint program.

Sec. 322. Pilot program to test new software to track emissions at certain military installations.

Sec. 323. Department of Defense plan to reduce greenhouse gas emissions.

Subtitle C—National Security Climate Resilience

Sec. 331. Definitions.

Sec. 332. Climate Resilience Infrastructure Initiative of the Department of Defense.

Sec. 333. Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base.

Sec. 334. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense.

Sec. 335. Assessment of climate risks to infrastructure of Department of Defense.

Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances

Sec. 341. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances.

Sec. 342. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry.

Sec. 343. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam.

Sec. 344. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam.

Sec. 345. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances.

Sec. 346. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam.

Sec. 347. Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances.

Sec. 348. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances.

Sec. 349. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations.

Subtitle E—Logistics and Sustainment

Sec. 351. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand.

Sec. 352. Global bulk fuel management and delivery.

Sec. 353. Test and evaluation of potential biobased solution for corrosion control and mitigation.

Sec. 354. Pilot program on digital optimization of organic industrial base maintenance and repair operations.

Sec. 355. Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy.

Sec. 356. Report and certification requirements regarding sustainment costs for fighter aircraft programs.

Sec. 357. Comptroller General annual reviews of F–35 sustainment efforts.

Subtitle F—Reports

Sec. 361. Inclusion of information regarding borrowed military manpower in readiness reports.

Sec. 362. Annual report on material readiness of Navy ships.

Sec. 363. Incident reporting requirements for Department of Defense regarding lost or stolen weapons.

Sec. 364. Strategy and annual report on critical language proficiency of special operations forces.

Subtitle G—Other Matters

Sec. 371. Military Aviation and Installation Assurance Clearinghouse matters.

Sec. 372. Establishment of Joint Safety Council.

Sec. 373. Improvements and clarifications related to military working dogs.

Sec. 374. Extension of temporary authority to extend contracts and leases under the ARMS Initiative.

Sec. 375. Authority to maintain access to category 3 subterranean training facility.

Sec. 376. Accident Investigation Review Board.

Sec. 377. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents.

Sec. 378. Requirements relating to emissions control tactics, techniques, and procedures.

Sec. 379. Management of fatigue among crew of naval surface ships and related improvements.

Sec. 380. Authority for activities to improve next generation radar systems capabilities.

Sec. 381. Pilot program on military working dog and explosives detection canine health and excellence.

Sec. 382. Department of Defense response to military lazing incidents.

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.

; and

(2)

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

(b)

National defense sustainment and logistics review

(1)

In general

The first section 118a of such title is amended—

(A)

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

(B)

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

(C)

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

(2)

Clerical and conforming amendments

(A)

Clerical amendments

The table of sections for chapter 2 of such title 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 strategic risks associated with military installation resilience.

(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)

Modification to annual report related to installations energy management, energy resilience, and mission assurance and readiness

(1)

Modification

Section 2925(a) of title 10, United States Code, is amended—

(A)

by redesignating paragraph (8) as paragraph (10); and

(B)

by inserting after paragraph (7) the following new paragraphs:

(8)

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

(9)

An assessment of vulnerabilities to military installation resilience.

.

(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 section 2925(a) of title 10, United States Code (as amended by 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.

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 of Defense shall—

(A)

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

(B)

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

(C)

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

(D)

identify potential renewable or clean energy resources, or related technologies such as advanced battery storage capacity, to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and

(E)

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

(2)

The Secretary of Defense shall ensure that targets developed under paragraph (1) are consistent with guidance issued by the Secretary of Energy.

(3)

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

(A)

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

(B)

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

(b)

New data centers

(1)

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

(A)

power usage effectiveness standards;

(B)

water usage effectiveness standards; and

(C)

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

(2)

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

(A)

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

(B)

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

.

(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 and, for each such data center, the power usage effectiveness for the center.

(E)

The number of data centers that measure water usage effectiveness and, for each such data center, the water usage effectiveness for the center.

(F)

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

(G)

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

(H)

Any other matters determined relevant by the Secretary.

(c)

Report

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

(1)

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).

(d)

Data center defined

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

313.

Grants for maintaining or improving military installation resilience

Section 2391 of title 10, United States Code, is amended—

(1)

in subsection (b)(5), by adding at the end the following new subparagraph:

(D)

The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds, in order to assist a State or local government in planning, enhancing infrastructure, and implementing measures and projects (to include resilience measures and projects involving the protection, restoration, and maintenance of natural features) that, as determined by the Secretary of Defense, will contribute to maintaining or improving military installation resilience or will prevent or mitigate encroachment that could affect operations of the Department of Defense.

; and

(2)

in subsection (e)(1), by striking subsection (b)(1)(D) and inserting paragraphs (1)(D) and (E) and (5)(D) of subsection (b) and subsection (d).

314.

Maintenance of current analytical tools in evaluating energy resilience measures

(a)

In general

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

(i)

Assessment of life-cycle costs and performance of potential energy resilience projects

(1)

Subject to the availability of appropriations, the Secretary of Defense shall develop and institute a process to ensure that the Department of Defense, when evaluating energy resilience measures, uses analytical tools that are accurate and effective in projecting the costs and performance of such measures.

(2)

Analytical tools used under paragraph (1) shall be—

(A)

designed to—

(i)

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

(ii)

be used without specialized training; and

(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)

Reporting requirement

If amounts are appropriated to carry out the requirements under subsection (i) of section 2911 of title 10, United States Code, as added by subsection (a), not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the execution by the Secretary of such requirements.

315.

Authority to transfer amounts derived from energy cost savings

Section 2912 of title 10, United States Code, is amended—

(1)

in subsection (a), by striking until expended and inserting for that fiscal year and the succeeding fiscal year; and

(2)

by adding at the end the following new subsection:

(e)

Transfer of amounts

(1)

The Secretary of Defense may transfer amounts described in subsection (a) that remain available for obligation to other funding accounts of the Department of Defense if the purpose for which such amounts will be used is a purpose specified in subsection (b) or (c).

(2)

Amounts transferred to a funding account of the Department under paragraph (1) shall be available for obligation for the same period as amounts in that account.

(3)

At the end of each fiscal year, the Secretary of Defense shall submit to Congress a report detailing any funds transferred pursuant to paragraph (1) during that fiscal year, including a detailed description of the purpose for which such amounts have been used.

.

316.

Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States

Section 317(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2701 note) is amended by adding at the end the following new paragraphs:

(3)

Exemption authority for certain locations

(A)

In general

The Secretary may exempt a location from the prohibition under paragraph (1) if the Secretary determines it is in the paramount interest of the United States to do so.

(B)

Nondelegation

The Secretary may not delegate the authority under subparagraph (A).

(4)

Reporting requirement for location exemptions

(A)

In general

Not later than 30 days after granting an exemption pursuant to paragraph (3)(A) with respect to the use of an open-air burn pit at a location, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written report that identifies—

(i)

the location of the open-air burn pit;

(ii)

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

(iii)

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

(iv)

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

(v)

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

(B)

Form

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

.

317.

Expansion of purposes of Sentinel Landscapes Partnership program to include resilience

(a)

In general

Section 317 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2684a note) is amended—

(1)

in subsection (a), in the first sentence, by inserting and restore after to preserve;

(2)

in subsection (c)—

(A)

by inserting resilience, after benefit of conservation,; and

(B)

by inserting , resilience, after land management;

(3)

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

(4)

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

(5)

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

(e)

Participation by other agencies

Other Federal agencies with programs addressing conservation or resilience may, and are encouraged to—

(1)

participate in the activities of the Sentinel Landscapes Partnership; and

(2)

become full partners in the Sentinel Landscapes Partnership.

; and

(6)

in subsection (f), as redesignated by paragraph (4), by adding at the end the following new paragraph:

(4)

Resilience

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

.

(b)

Inclusion of program information in certain annual reports

Section 2684a(g)(2) of title 10, United States Code, is amended—

(1)

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

(2)

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

(E)

Information concerning the activities undertaken pursuant to the Sentinel Landscapes Partnership established under section 317 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2684a note).

.

(c)

Conservation and cultural activities

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

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

in subparagraph (A), by inserting or involves a sentinel landscape before the semicolon; and

(ii)

in subparagraph (B), by inserting or that would contribute to maintaining or improving military installation resilience before the semicolon; and

(B)

in paragraph (2)—

(i)

in subparagraph (A), by inserting or nature-based climate resilience plans before the period; and

(ii)

in subparagraph (F)—

(I)

in clause (i)—

(aa)

by striking single ecosystem that encompasses and inserting “single ecosystem—

(I)

that encompasses

;

(bb)

by redesignating clause (ii) as subclause (II) and moving such subclause, as so redesignated, two ems to the right; and

(cc)

in subclause (II), as redesignated by item (bb), by striking the period at the end and inserting ; or; and

(II)

by adding at the end the following new clause (ii):

(ii)

for one or more ecosystems within a sentinel landscape.

; and

(2)

by adding at the end the following new subsection:

(e)

Sentinel landscape defined

In this section, the term sentinel landscape has the meaning given that term in section 317(f) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2684a note).

.

318.

Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i

(a)

Sense of Congress

In order to fully effectuate national security, assure the maximum safe utilization of the Red Hill Bulk Fuel Storage Facility in Honolulu, Hawai‘i, and fully address concerns as to potential impacts of the facility on public health, it is the sense of Congress that the Secretary of the Navy and the Defense Logistics Agency should—

(1)

operate and maintain the Red Hill Bulk Fuel Storage Facility to the highest standard possible; and

(2)

require safety inspections to be conducted more frequently based on the corrosion rate of the piping and overall condition of the pipeline system and support equipment at the facility.

(b)

Inspection requirement

(1)

Inspection required

The Secretary of the Navy shall direct the Naval Facilities Engineering Command to conduct an inspection of the pipeline system, supporting infrastructure, and appurtenances, including valves and any other corrosion prone equipment, at the Red Hill Bulk Fuel Storage Facility.

(2)

Inspection agent; standards

The inspection required by this subsection shall be performed—

(A)

by an independent American Petroleum Institute certified inspector who will present findings of the inspection and options to the Secretary of the Navy for improving the integrity of the Red Hill Bulk Fuel Storage Facility and its appurtenances; and

(B)

in accordance with the Unified Facilities Criteria (UFC-3-460-03) and American Petroleum Institute 570 inspection standards.

(3)

Exception

The inspection required by this subsection excludes the fuel tanks at the Red Hill Bulk Fuel Storage Facility.

(c)

Life-cycle sustainment plan

In conjunction with the inspection required by subsection (b), the Naval Facilities Engineering Command shall prepare a life-cycle sustainment plan for the Red Hill Bulk Fuel Storage Facility, which shall consider the current condition and service life of the tanks, pipeline system, and support equipment.

(d)

Consideration of alternatives to Red Hill Bulk Fuel Storage Facility

The Secretary of Defense shall conduct an assessment of possible alternatives to the Red Hill Bulk Fuel Storage Facility for bulk fuel storage, including consideration of at least three locations outside of the State of Hawai‘i. The assessment shall be based on the overall requirement to support the fuel requirements of the Pacific Fleet, the costs and timeline for recapitalization of the Red Hill Bulk Fuel Storage Facility to the standards delineated in subsection (b)(2)(B), and the costs and timeline to establish an alternative location for secure bulk fuel storage.

(e)

Reporting requirement

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing—

(1)

the results of the independent inspection of the Red Hill Bulk Fuel Storage Facility conducted under subsection (b);

(2)

the life-cycle sustainment plan prepared by the Naval Facilities Engineering Command under subsection (c);

(3)

the results of the assessment conducted by the Secretary under subsection (d) of possible alternatives to the Red Hill Bulk Fuel Storage Facility; and

(4)

options on improving the security and maintenance of the Red Hill Bulk Fuel Storage Facility.

319.

Energy, water, and waste net-zero requirement for major military installations

(a)

Requirement

The Secretary of Defense shall improve military installation efficiency, performance, and management by ensuring that at least 10 percent of major military installations achieve energy net-zero and water or waste net-zero by fiscal year 2035.

(b)

Study on requirement

(1)

Study

Not later than 60 days after the date of the enactment of this Act, the Secretary shall seek to enter into a contract with a federally funded research and development center to carry out a study on the net-zero requirement specified in subsection (a) that assesses, at a minimum, the following:

(A)

Potential methods or strategies to achieve such requirement by the fiscal year 2035 deadline.

(B)

The resiliency of major military installations subject to such requirement with respect to grid or other utility disruptions.

(C)

The life-cycle costs related to such requirement.

(D)

Computation methods for determining such life-cycle costs.

(E)

Such other matters as the federally funded research and development center carrying out the study determines appropriate.

(2)

Deadline

The study under paragraph (1) shall be completed by not later than February 1, 2023.

(3)

Briefing

Upon completion of the study under paragraph (1), the Secretary shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the findings of the study.

(c)

Status report and briefings on progress toward meeting current goal regarding use of renewable energy to meet facility energy needs

(1)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the progress the Secretary has made toward meeting the goal described in section 2911(g)(1)(A) of title 10, United States Code, with respect to fiscal year 2025.

(2)

Briefings

During fiscal year 2022 and each succeeding fiscal year through fiscal year 2025, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the progress the Secretary has made toward meeting the goal described in section 2911(g)(1)(A) of title 10, United States Code, with respect to fiscal year 2025.

(d)

Major military installation defined

In this section, the term major military installation has the meaning given to the term large site in the most recent version of the Department of Defense Base Structure Report issued before the date of the enactment of this Act.

320.

Demonstration program on domestic production of rare earth elements from coal byproducts

(a)

Demonstration program required

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall commence carrying out a demonstration program on recovering rare earth elements and critical minerals from acid mine drainage and other coal byproducts.

(b)

Partnership

In carrying out the demonstration program required by subsection (a), the Secretary shall seek to enter into a partnership with one or more institutions of higher education that can demonstrate techniques for recovering rare earth elements and critical minerals from acid mine drainage and other coal byproducts, as the Secretary considers applicable.

(c)

Elements

The demonstration program required by subsection (a) shall address the following:

(1)

The efficacy of separating rare earth elements and critical minerals from acid mine drainage.

(2)

The feasibility of bringing such technology to commercialized scale.

(3)

Domestic locations that are appropriate for the deployment of such technology.

(4)

The ability of such technology to meet the requirements of the defense industrial base to supplement the rare earth element and critical mineral needs of the Department of Defense.

(d)

Duration

The demonstration program required by subsection (a) shall be carried out during the one-year period beginning on the date of the commencement of the demonstration program.

(e)

Briefing

Not later than 120 days after the date of the completion of the demonstration program required by subsection (a), the Secretary and the program manager of the institute of higher education with whom the Secretary partners pursuant to subsection (b) shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the elements of the demonstration program set forth under subsection (c).

321.

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.

322.

Pilot program to test new software to track emissions at certain military installations

(a)

In general

The Secretary of Defense may conduct a pilot program (to be known as the Installations Emissions Tracking Program) to evaluate the feasibility and effectiveness of software and emerging technologies and methodologies to track real-time emissions from military installations and installation assets.

(b)

Goals

The goals of the Installations Emissions Tracking Program shall be—

(1)

to evaluate the capabilities of software and emerging technologies and methodologies to effectively track emissions in real time; and

(2)

to reduce energy costs and increase efficiencies.

(c)

Locations

If the Secretary conducts the Installations Emissions Tracking Program, the Secretary shall select, for purposes of the Program, four major military installations located in different geographical regions of the United States.

323.

Department of Defense plan to reduce greenhouse gas emissions

(a)

Plan required

Not later than September 30, 2022, the Secretary of Defense shall submit to Congress a plan to reduce the greenhouse gas emissions of the Department of Defense.

(b)

Briefings

The Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate annual briefings on the progress of the Department of Defense toward meeting science-based emissions targets in the plan required by subsection (a).

C

National Security Climate Resilience

331.

Definitions

In this subtitle:

(1)

The terms climate resilience and extreme weather have the meanings given such terms in section 101(a) of title 10, United States Code, as amended by section 332.

(2)

The term climate security has the meaning given such term in the second subsection (e) of section 120 of the National Security Act of 1947 (50 U.S.C. 3060(e)).

(3)

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

332.

Climate Resilience Infrastructure Initiative of the Department of Defense

(a)

Climate Resilience Infrastructure Initiative

Chapter 136 of title 10, United States Code, is amended by adding at the end the following new section:

2285.

Department of Defense Climate Resilience Infrastructure Initiative

(a)

Designation

The programs, practices, and activities carried out pursuant to this section shall be known collectively as the Climate Resilience Infrastructure Initiative of the Department of Defense.

(b)

Hardening and quick recovery

In carrying out military installation resilience plans pursuant to section 2864 of this title, the Secretary of Defense shall ensure that the development by the Department of Defense of requirements for backup utilities, communications, and transportation to ensure that the critical infrastructure of Department facilities is hardened, developed, and constructed for quick recovery from natural disasters and the impacts of extreme weather.

(d)

Sustainment and modernization

The Secretary shall develop sustainment and modernization requirements for facilities of the Department in connection with climate resilience.

(e)

Collaboration in planning with local communities

The Secretary shall develop, within existing frameworks for collaborative activities between military installations and State and local communities, and in addition to the requirements of section 2864(c) of this title, a framework that authorizes and directs installation commanders to engage with State, regional, and local agencies, and with local communities, on planning for climate resilience, to enhance efficient response to impacts of extreme weather and secure collaborative investment in infrastructure that is resilient to the current and projected impacts of extreme weather.

(f)

Testing and training range lands

(1)

Practices for sustainment of lands

The Secretary shall develop and implement practices to sustain the lands of the military testing and training ranges of the Department, and the lands of testing and training ranges on State-owned National Guard installations, through the adaptation and resilience of such lands to the current and projected impacts of extreme weather to ensure the ongoing availability of such lands to military personnel, weapon systems, and equipment for testing and training purposes.

(2)

Training and education on sustainment of lands

The Secretary shall develop a program of training and education for members of the Armed Forces (including the reserve components) on the importance of the sustainment of the lands of the military testing and training ranges as described in paragraph (1).

(3)

Investment in resilience of lands

The Secretary shall use existing programs of the Department, including the Readiness and Environmental Protection Integration Program of the Department (or such successor program), to provide for investments determined appropriate by the Secretary in the lands of the military testing and training ranges, to increase the resilience and adaptation of such lands to the current and projected impacts of extreme weather for testing and training purposes in connection with current and projected testing and training requirements in the short- and long-term.

(b)

Use of certain technologies

The Secretary shall take appropriate actions to increase the use of low emission, emission-free, and net-zero-emission energy technologies in the operations, programs, projects, and activities of the Department, provided the use is cost effective over the life-cycle of the investment.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

2285. Department of Defense Climate Resilience Infrastructure Initiative.

.

(c)

Definitions

Section 101(a) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

(19)

The term climate resilience means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from, extreme weather, or from anticipated or unanticipated changes in environmental conditions, that do (or have the potential to) adversely affect the national security of the United States or of allies and partners of the United States.

(20)

The term extreme weather means recurrent flooding, drought, desertification, wildfires, thawing permafrost, sea level fluctuation, changes in mean high tides, or any other weather-related event, or anticipated change in environmental conditions, that present (or are projected to present) a recurring annual threat to the climate security of the United States or of allies and partners of the United States.

.

333.

Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base

Section 2504(3)(B) of title 10, United States Code, is amended by inserting (including vulnerabilities related to the current and projected impacts of extreme weather and to cyber attacks or disruptions) after industrial base.

334.

Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense

(a)

Climate challenges and climate resilience in key processes of Department of Defense

The Secretary of Defense shall direct that the acquisition, budget planning and execution, infrastructure planning and sustainment, force development, engagement strategy development, security assistance, and other core processes of the Department of Defense fully consider and make needed adjustments to account for current and emerging climate and environmental challenges and to ensure the climate resilience of assets and capabilities of the Department, to include cost effectiveness over the life cycle of the investment weighed against threat reduction.

(b)

Climate resilience mission impact assessment

(1)

In general

The Secretary shall conduct a mission impact assessment on climate resilience for the Department.

(2)

Elements

The assessment conducted under paragraph (1) shall include the following:

(A)

An assessment of the direct impacts of extreme weather on the deployment and operations of the Armed Forces, and the manner in which extreme weather may impact the requirements of the commanders of the combatant commands in the respective areas of responsibility of such commanders, including—

(i)

an assessment of the evolving posture of peer competitors and impacts to deployment and operations of peer competitors due to extreme weather;

(ii)

an assessment of the impacts of expanding requirements for Department humanitarian assistance and disaster response due to extreme weather;

(iii)

a threat assessment of the impacts of extreme weather, drought, and desertification on regional stability;

(iv)

an assessment of risks to home station strategic and operational support area readiness, including the strategic highway network, the strategic rail network, and strategic air and sea ports; and

(v)

the development of standards for data collection to assist decision-making processes for research, development, and acquisition priorities for installation and infrastructure resilience to extreme weather.

(B)

A long-term strategic plan, including war games and exercises, centered on climate-driven crises, and a long-term assessment of climate security by the Office of Net Assessment of the Department.

(C)

A review outlining near-term and long-term needs for research, development, and deployment for equipment and other measures required to assure the resilience of the assets and capabilities of the Department and each component thereof, and of key elements of the defense industrial base and supporting transportation networks, to the impacts of extreme weather.

(c)

Reports

(1)

In general

Not later than one year after the date of the enactment of this Act, and every five years thereafter, the Chairman of the Joint Chiefs of Staff shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the broader strategic and operational impacts of extreme weather on the Department, measures to address such impacts, and progress in implementing new technologies and platforms, training and education methods, and data collection and dissemination for each military department to meet the respective mission requirements of the department.

(2)

Research, development, and deployment needs

Each report required by paragraph (1) shall identify research, development, and deployment needs for each combatant command and functional command.

335.

Assessment of climate risks to infrastructure of Department of Defense

(a)

In general

The Secretary of Defense shall direct the Secretary of each military department to—

(1)

assess the vulnerability of installations and other facilities under the jurisdiction of such Secretary, and of State-owned National Guard installations, to the current and projected impacts of extreme weather, using vulnerability and risk assessment tools chosen or developed pursuant to section 326 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1310);

(2)

assess the infrastructure required for successful operation of such installations and facilities in response to any such vulnerabilities and ensure the military installation resilience of such installations and facilities; and

(3)

develop installation-specific plans pursuant to section 2864(c) of title 10, United States Code, and similar plans for State-owned National Guard installations, to address such vulnerabilities.

(b)

Facility assessment

In carrying out subsection (a), the Secretary of each military department shall determine the needs of the military installations and other facilities under the jurisdiction of such Secretary, and of State-owned National Guard installations, based on the level of risks posed by the current and projected impacts of extreme weather, the likelihood of such risks, and the role of such installations and facilities in maintaining overall readiness and operational capability.

(c)

Considerations

In carrying out the assessments and developing the plans required under this section, the Secretary of Defense shall ensure that the cost effectiveness over the life-cycle of the investment, and the feasibility of solutions and technologies, are considered.

D

Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances

341.

Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances

(a)

In general

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

2714.

Perfluoroalkyl substances and polyfluoroalkyl substances task force

(a)

In general

The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the PFAS Task Force).

(b)

Membership

The members of the PFAS Task Force are the following:

(1)

The Assistant Secretary of Defense for Energy, Installations, and Environment.

(2)

The Assistant Secretary of the Army for Installations, Energy, and Environment.

(3)

The Assistant Secretary of the Navy for Energy, Installations, and Environment.

(4)

The Assistant Secretary of the Air Force for Installations, Environment, and Energy.

(5)

The Assistant Secretary of Defense for Health Affairs.

(c)

Chairman

The Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force.

(d)

Support

The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force.

(e)

Duties

The duties of the PFAS Task Force are the following:

(1)

Monitoring the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services.

(2)

Identifying, and funding the procurement of, an effective alternative to firefighting foam containing perfluoroalkyl substances or polyfluoroalkyl substances.

(3)

Coordinating within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances.

(4)

Assessing the perceptions of Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department.

(f)

Report

Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force.

(g)

Definitions

In this section:

(1)

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

(2)

The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.

2715.

Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard

(a)

In general

Not later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall complete preliminary assessment and site inspection testing for perfluoroalkyl substances and polyfluoroalkyl substances at all military installations and facilities of the National Guard located in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances.

(b)

Determination of contamination

Testing conducted under subsection (a) at a military installation or facility of the National Guard shall determine—

(1)

whether the installation or facility has contamination from a perfluoroalkyl substance or polyfluoroalkyl substance; and

(2)

whether activities in connection with such installation or facility have caused contamination from a perfluoroalkyl substance or polyfluoroalkyl substance outside of such installation or facility.

(c)

Additional response actions

Testing conducted under subsection (a) shall provide at least a preliminary basis for determining whether additional environmental response actions are necessary to address contamination from a perfluoroalkyl substance or polyfluoroalkyl substance.

(d)

Type of testing

When testing for perfluoroalkyl substances or polyfluoroalkyl substances under subsection (a) or any other provision of law, the Secretary shall use a method to measure for all perfluoroalkyl substances or polyfluoroalkyl substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency.

(e)

Definitions

In this section:

(1)

The term military installation has the meaning given such term in section 2801(c)(4) of this title.

(2)

The terms perfluoroalkyl substance and polyfluoroalkyl substance have the meanings given such terms in section 2714 of this title.

.

(b)

Clerical amendment

The table of sections for such chapter is amended by adding at the end the following new items:

2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force.

2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard.

.

(c)

Reports on status of testing

(1)

Submission

For each of fiscal years 2022 through 2024, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the status of the testing conducted under section 2715(a) of title 10, United States Code (as added by subsection (a)), during such year.

(2)

Matters

Each report submitted under paragraph (1) shall identify, with respect to testing conducted under such section 2715(a)—

(A)

each military installation or facility where testing has been completed;

(B)

each military installation or facility where testing has not yet been completed;

(C)

the projected completion date for testing at military installations or facilities where testing has not yet been completed;

(D)

the results of testing at military installations or facilities where testing has been completed; and

(E)

the actions planned, and the projected timelines for such actions, for each military installation or facility to address contamination by a perfluoroalkyl substance or polyfluoroalkyl substance.

(3)

Timing

Each report under paragraph (1) shall be submitted not later than January 1 of the fiscal year immediately following the fiscal year covered by the report.

(4)

Limitation on delegation

The Secretary may delegate the responsibility for preparing the reports required by paragraph (1) only to the Deputy Secretary of Defense.

(5)

Definitions

In this subsection, the terms military installation, perfluoroalkyl substance, and polyfluoroalkyl substance have the meanings given such terms in section 2715 of title 10, United States Code (as added by subsection (a)).

342.

Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry

Section 316(a)(2)(B)(ii) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1713), section 321 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1307), and section 337 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is further amended by striking fiscal years 2019, 2020, and 2021 and inserting fiscal years 2019 through 2023.

343.

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 120 days after the date of the enactment of this Act, the Secretary of Defense shall prohibit the incineration of covered materials until the earlier of the following:

(1)

The date on which the Secretary issues guidance implementing—

(A)

the interim guidance on the destruction and disposal of PFAS and materials containing PFAS published by the Administrator of the Environmental Protection Agency under section 7361 of the National Defense Authorization Act for Fiscal Year 2020 (15 U.S.C. 8961); and

(B)

section 330 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701 note).

(2)

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)(A).

(c)

Report

Not later than one year after the enactment of this Act, and annually thereafter for three years, the Secretary shall submit to the Administrator and the Committees on Armed Services of the Senate and the House of Representatives a report on all incineration by the Department of Defense of covered materials during the year covered by the report, including—

(1)

the total amount of covered materials incinerated;

(2)

the temperature range specified in the permit where the covered materials were incinerated;

(3)

the locations and facilities where the covered materials were incinerated;

(4)

details on actions taken by the Department of Defense to implement section 330 of the National Defense Authorization Act for Fiscal Year 2020; and

(5)

recommendations for the safe storage of PFAS and PFAS-containing materials prior to destruction and disposal.

(d)

Scope

The prohibition in subsection (a) and reporting requirements in subsection (c) shall apply not only to materials sent directly by the Department of Defense to an incinerator, but also to materials sent to another entity or entities, including any waste processing facility, subcontractor, or fuel blending facility, prior to incineration.

(e)

Definitions

In this section:

(1)

The term AFFF means aqueous film forming foam.

(2)

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

(A)

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

(B)

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

(C)

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

(3)

The term PFAS means per- or polyfluoroalkyl substances.

344.

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).

345.

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

(a)

Public disclosure of results

(1)

In general

Except as provided in paragraph (2), not later than 20 days after the receipt of a final result of testing water for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as PFAS) in a covered area, the Secretary of Defense shall publicly disclose such final result, including—

(A)

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

(B)

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

(2)

Consent by private property owners

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

(b)

Public disclosure of planned testing of water

Not later than 180 days after the date of the enactment of the Act, and every 90 days thereafter, the Secretary of Defense shall publicly disclose the anticipated timeline for, and general location of, any planned testing for perfluoroalkyl or polyfluoroalkyl substances 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.

346.

Review of agreements with non-Department entities with respect 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 mutual support agreements entered into with non-Department of Defense entities (including State and local entities) that involve fire suppression activities in support of missions of the Department.

(b)

Matters

The review under subsection (a) shall assess, with respect to the agreements specified in such subsection, the following:

(1)

The preventative maintenance guidelines specified in such agreements for fire trucks and fire suppression systems, to mitigate the risk of equipment failure that may result in a spill of aqueous film-forming foam (in this section referred to as AFFF).

(2)

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

(3)

The methods by which the Secretary, or the non-Department entity with which the Secretary has entered into the agreement, ensures compliance with guidance specified in the agreement with respect to the use of such personal protective equipment.

(c)

Guidance

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

(1)

The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity carried out pursuant to such an agreement that may result in such a spill.

(2)

The use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities pursuant to such an agreement in the vicinity of such drains or basins.

(3)

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

(d)

Briefing

Not later than 30 days after the date on which the Secretary issues the guidance under subsection (c), the Secretary shall provide to the congressional defense committees a briefing that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (c).

347.

Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances

(a)

Study

The Comptroller General of the United States shall conduct a study on the procurement by the Department of Defense of certain items that contain covered PFAS substances.

(b)

Elements

In conducting the study under subsection (a), the Comptroller General shall assess the following:

(1)

The extent to which information is available to the Department of Defense regarding the presence of covered PFAS substances in the items procured by the Department.

(2)

The challenges, if any, that exist in identifying the presence of covered PFAS substances in the items the Department procures, including whether there are certain categories of items that are more readily identified than others as containing such substances.

(3)

The extent to which the Department has examined the feasibility of prohibiting the procurement of items containing covered PFAS substances.

(4)

Such other topics as may be determined necessary by the Comptroller General.

(c)

Items

In conducting the study under subsection (a), the Comptroller General shall, to the extent practicable, examine information relating to the consideration by the Department of Defense of such substances in the following items:

(1)

Furniture or floor waxes.

(2)

Car wax and car window treatments.

(3)

Cleaning products.

(4)

Shoes and clothing for which treatment with a covered PFAS substance is not necessary for an essential function.

(d)

Briefing and report

Not later than 180 days after the date of enactment of this Act, the Comptroller General shall provide to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the study conducted under subsection (a), including any preliminary observations. After such interim briefing, the Comptroller General shall submit to the committees a report on the study at a date mutually agreed upon by the Comptroller General and the committees.

(e)

Covered PFAS substance defined

In this section, the term covered PFAS substance means any of the following:

(1)

Perfluorononanoic acid (PFNA).

(2)

Perfluorooctanoic acid (PFOA).

(3)

Perfluorohexanoic acid (PFHxA).

(4)

Perfluorooctane sulfonic acid (PFOS).

(5)

Perfluorohexane sulfonate (PFHxS).

(6)

Perfluorobutane sulfonic acid (PFBS).

(7)

GenX.

348.

Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances

(a)

In general

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing a proposed schedule for the completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances, and the associated cost estimates to perform such remediation, at military installations, facilities of the National Guard, and formerly used defense sites in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances.

(b)

Definitions

In this section:

(1)

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

(2)

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

(3)

The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.

349.

Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations

(a)

In general

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report identifying the status of efforts to remediate perfluoroalkyl substances and polyfluoroalkyl substances at the following locations:

(1)

England Air Force Base, Louisiana.

(2)

Naval Air Weapons Station China Lake, California.

(3)

Patrick Air Force Base, Florida.

(4)

Myrtle Beach Air Force Base, South Carolina.

(5)

Langley Air Force Base, Virginia.

(6)

Naval Air Station Jacksonville, Florida.

(7)

Niagara Falls Air Reserve Station, New York.

(8)

Grand Prairie Armed Forces Reserve Complex, Texas.

(9)

Altus Air Force Base, Oklahoma.

(10)

Charleston Air Force Base, South Carolina.

(11)

Barksdale Air Force Base, Louisiana.

(12)

Plattsburgh Air Force Base, New York.

(13)

Tyndall Air Force Base, Florida.

(14)

Sheppard Air Force Base, Texas.

(15)

Columbus Air Force Base, Mississippi.

(16)

Chanute Air Force Base, Illinois.

(17)

Marine Corps Air Station Tustin, California.

(18)

Travis Air Force Base, California.

(19)

Ellsworth Air Force Base, South Dakota.

(20)

Minot Air Force Base, North Dakota.

(21)

Westover Air Reserve Base, Massachusetts.

(22)

Eaker Air Force Base, Arkansas.

(23)

Naval Air Station Alameda, California.

(24)

Eielson Air Force Base, Alaska.

(25)

Horsham Air Guard Station, Pennsylvania.

(26)

Vance Air Force Base, Oklahoma.

(27)

Dover Air Force Base, Delaware.

(28)

Edwards Air Force Base, California.

(29)

Robins Air Force Base, Georgia.

(30)

Joint Base McGuire–Dix–Lakehurst, New Jersey.

(31)

Galena Air Force Base, Alaska.

(32)

Naval Research Laboratory Chesapeake Bay Detachment, Maryland.

(33)

Buckley Air Force Base, Colorado.

(34)

Arnold Air Force Base, Tennessee.

(35)

Tinker Air Force Base, Oklahoma.

(36)

Fairchild Air Force Base, Washington.

(37)

Vandenberg Air Force Base, California.

(38)

Hancock Field Air National Guard Base, New York.

(39)

F.E. Warren Air Force Base, Wyoming.

(40)

Nevada Air National Guard Base, Nevada.

(41)

K.I. Sawyer Air Force Base, Michigan.

(42)

Pease Air Force Base, New Hampshire.

(43)

Whiteman Air Force Base, Missouri.

(44)

Wurtsmith Air Force Base, Michigan.

(45)

Shepherd Field Air National Guard Base, West Virginia.

(46)

Naval Air Station Whidbey Island–Ault Field, Washington.

(47)

Rosecrans Air National Guard Base, Missouri.

(48)

Joint Base Andrews, Maryland.

(49)

Iowa Air National Guard Base, Iowa.

(50)

Stewart Air National Guard Base, New York.

(b)

Definitions

In this section:

(1)

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

(2)

The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.

E

Logistics and Sustainment

351.

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

(a)

Clarification of operational energy responsibilities

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

(1)

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

(2)

in subsection (b)—

(A)

in the heading, by striking Authorities and inserting Responsibilities;

(B)

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

(C)

by amending paragraph (1) to read as follows:

(1)

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

;

(D)

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

(E)

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

(b)

Establishment of working group

Such section is further amended—

(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)

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

(2)

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

(3)

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

(d)

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 technologies, including electric, hydrogen, or other sustainable fuel technologies, that may reduce operational energy demand in the near-term or long-term.

(D)

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

(E)

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

(3)

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

(4)

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

.

(d)

Definition

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

(h)

Contested logistics environment defined

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

.

(e)

Conforming amendment

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

(f)

Interim report

Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the congressional defense committees an interim report on any actions taken pursuant to the amendments made by this section. Such report shall include an update regarding the establishment of the working group under section 2926(d) of title 10, United States Code, as amended by subsection (b).

(g)

Briefing on Assistant Secretary of Defense for Energy, Installations, and Environment

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the status of the following:

(1)

The planned division of responsibilities between the Assistant Secretary of Defense for Sustainment and the Assistant Secretary of Defense for Energy, Installations, and Environment.

(2)

A personnel plan to ensure the adequate manning of support personnel for the Assistant Secretary of Defense for Energy, Installations, and Environment.

(3)

Any additional resources necessary to ensure the ability of the Assistant Secretary of Defense for Energy, Installations, and Environment to fulfill the duty required under section 138(b)(7) of title 10, United States Code, and any other duties required of such Assistant Secretary by law.

352.

Global bulk fuel management and delivery

(a)

Responsibility of United States Transportation Command

(1)

In general

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

2927.

Global bulk fuel management and delivery

(a)

Responsible element

(1)

Beginning during the period described in paragraph (2) and permanently thereafter, the United States Transportation Command shall be the element responsible for bulk fuel management and delivery of the Department of Defense on a global basis.

(2)

The period described in this paragraph is the period beginning on January 1, 2023, and ending on February 1, 2023.

(b)

Coordination with Defense Logistics Agency

In carrying out the responsibilities specified in subsection (a), the Commander of the United States Transportation Command shall coordinate with the Director of the Defense Logistics Agency.

(c)

Rule of construction

Except to the extent that, prior to January 1, 2023, a responsibility specified in subsection (a) was a specific function of the Defense Logistics Agency Energy, nothing under this section shall be construed as—

(1)

limiting any other function of the Defense Logistics Agency Energy; or

(2)

requiring the transfer of any function, personnel, or asset from the Defense Logistics Agency Energy to the United States Transportation Command.

.

(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.

.

(b)

Briefing

Not later than July 1, 2022, the Commander of United States Transportation Command shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on progress made to carry out the transfer of responsibilities to the United States Transportation Command pursuant to section 2927 of title 10, United States Code (as added by subsection (a)), including—

(1)

a review of the plan of action for such transfer;

(2)

a review of milestones completed and yet to be completed with respect to such transfer; and

(3)

an identification of any legislative changes or additional resources the Commander determines are necessary to implement such section 2927.

(c)

Global bulk fuel management strategy

(1)

Strategy required

Not later than October 1, 2022, the Commander of United States Transportation Command shall prepare and submit to the Committees on Armed Services of the House of Representatives and the Senate a strategy to develop the infrastructure and programs necessary to optimally support global bulk fuel management of the Department of Defense.

(2)

Additional elements

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

(A)

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

(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 United States Transportation Command shall coordinate with subject matter experts of the Joint Staff, the geographic combatant commands, the Defense Logistics Agency, and the military departments.

(4)

Form

The strategy under paragraph (1) may be submitted in classified form, but if so submitted shall include an unclassified executive summary.

(d)

Conforming amendments

Section 2854 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283) 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.

353.

Test and evaluation of potential biobased solution for corrosion control and mitigation

(a)

Test and evaluation

Not later than 120 days after the date of the enactment of this Act, the Director of the Strategic Environmental Research and Development Program and the Environmental Security Technology Certification Program shall test and evaluate at least one existing covered biobased solution for use as an alternative to current solutions of the Department of Defense for the control and mitigation of corrosion.

(b)

Determination

Following the test and evaluation of a covered biobased solution under subsection (a), the Director shall determine, based on such test and evaluation, whether the solution meets the following requirements:

(1)

The solution is capable of being produced domestically in sufficient quantities.

(2)

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

(3)

The solution reduces environmental exposures.

(c)

Recommendations

The Director shall develop recommendations for the Department of Defense-wide deployment of covered biobased solutions that the Director has determined meet the requirements under subsection (b).

(d)

Covered biobased solution defined

In this section, the term covered biobased solution means a solution for the control and mitigation of corrosion that is domestically produced, commercial, and biobased.

354.

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 Assistant Secretary of Defense for Sustainment, in coordination with the Secretaries of the military departments, shall undertake a pilot program under which the digitization of the facilities and operations of at least one covered depot shall be provided for by the Secretary concerned.

(b)

Elements of pilot program

In carrying out the pilot program under this section, the Secretary concerned shall provide for each of the following at the covered depot or depots at which the program is carried out:

(1)

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

(2)

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

(3)

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.

(c)

Report

Not later than 60 days after the completion of the digital twin model and associated analysis, the Assistant Secretary of Defense for Sustainment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. Such report shall include—

(1)

a summary of the cost of the pilot program;

(2)

a description of the efficiencies identified under the pilot program;

(3)

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

(4)

any plans to undertake such investments; and

(5)

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

(d)

Definitions

In this section:

(1)

The term covered depot includes any depot covered under section 2476(e) of title 10, United States Code, except for the following:

(A)

Portsmouth Naval Shipyard, Maine.

(B)

Pearl Harbor Naval Shipyard, Hawaii.

(C)

Puget Sound Naval Shipyard, Washington.

(D)

Norfolk Naval Shipyard, Virginia.

(2)

The terms military departments and Secretary concerned have the meanings given such terms in section 101 of title 10, United States Code.

355.

Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy

(a)

Updated plan

(1)

In general

Not later than September 30, 2022, the Secretary of the Navy shall submit to the congressional defense committees an update to the plan of the Secretary for implementation of the Shipyard Infrastructure Optimization Program of the Department of the Navy, with the objective of providing increased transparency for the actual costs and schedules associated with infrastructure optimization activities for shipyards covered by such program.

(2)

Updated cost estimates

The updated plan required under paragraph (1) shall include updated cost estimates comprising the most recent costs of capital improvement projects for each of the four public shipyards covered by the Shipyard Infrastructure Optimization Program.

(b)

Briefing requirement

(1)

In general

Before the start of physical construction with respect to a covered project, the Secretary of the Navy or a designee of the Secretary shall brief each of the congressional defense committees on such project, regardless of the source of funding for such project.

(2)

Written information

Before conducting a briefing under paragraph (1) with respect to a covered project, the Secretary of the Navy or a designee of the Secretary shall submit to the congressional defense committees in writing the following information:

(A)

An updated cost estimate for such project that—

(i)

meets the standards of the Association for the Advancement of Cost Engineering for a Level 1 or Level 2 cost estimate; or

(ii)

is an independent cost estimate.

(B)

A schedule for such project that is comprehensive, well-constructed, credible, and controlled pursuant to the Schedule Assessment Guide: Best Practices for Project Schedules (GAO–16–89G) set forth by the Comptroller General of the United States in December 2015, or successor guide.

(C)

An estimate of the likelihood that programmed and planned funds for such project will be sufficient for the completion of the project.

(3)

Covered project defined

In this subsection, the term covered project means a shipyard project under the Shipyard Infrastructure Optimization Program—

(A)

with a contract awarded on or after October 1, 2024; and

(B)

valued at $250,000,000 or more.

(c)

Annual report

(1)

In general

Not later than December 31, 2022, and not later than December 31 of each year thereafter, the Commander of the Naval Sea Systems Command, in coordination with the Program Manager Ships 555, shall submit to the congressional defense committees a report detailing the use by the Department of the Navy of funding for all efforts associated with the Shipyard Infrastructure Optimization Program, including the use of amounts made available by law to support the projects identified in the plan to implement such program, including any update to such plan under subsection (a).

(2)

Elements

Each report required by paragraph (1) shall include updated cost and schedule estimates—

(A)

for the plan to implement the Shipyard Optimization Program, including any update to such plan under subsection (a); and

(B)

for each dry dock, major facility, and infrastructure project valued at $250,000,000 or more under such program.

(d)

Comptroller General report

(1)

Report

(A)

In general

Not later than May 1, 2023, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress of the Secretary of the Navy in implementing the Shipyard Infrastructure Optimization Program, including—

(i)

the progress of the Secretary in completing the first annual report required under such program; and

(ii)

the cost and schedule estimates for full implementation of such program.

(B)

Elements

The report required by subparagraph (A) shall include the following:

(i)

An assessment of the extent to which the cost estimate for the updated optimization plan for the Shipyard Infrastructure Optimization Program is consistent with leading practices for cost estimation.

(ii)

An assessment of the extent to which the project schedule for such program is comprehensive, well-constructed, credible, and controlled.

(iii)

An assessment of whether programmed and planned funds for a project under such program will be sufficient for the completion of the project.

(iv)

Such other related matters as the Comptroller General considers appropriate.

(2)

Initial briefing

Not later than April 1, 2023, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the preliminary findings of the report under paragraph (1).

356.

Report and certification requirements regarding sustainment costs for fighter aircraft programs

(a)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on individual aircraft fleet sustainment costs for the F–35 A/B/C, F/A–18 C/D/E/F/G, AV–8B, A–10C, F–16 C/D, F–22, and F–15 C/E/EX aircraft fleets. Such report shall include the following:

(1)

A detailed description and explanation of, and the actual cost data related to, current sustainment costs for the aircraft fleets specified in this subsection, including an identification and assessment of cost elements attributable to the Federal Government or to contractors (disaggregated by the entity responsible for each portion of the cost element, including for a prime contractor and any first-tier subcontractor) with respect to such sustainment costs.

(2)

An identification of sustainment cost metrics for each aircraft fleet specified in this subsection for each of fiscal years 2022 through 2026, expressed in cost-per-tail-per-year format.

(b)

Limitation on certain F–35 contracts

(1)

In general

The Secretary of Defense may not enter into a performance-based logistics sustainment contract for the F–35 airframe or engine programs, or modify an existing contract for the F–35 airframe or engine programs to require the use of a performance-based logistics sustainment contract, unless the Secretary submits to the congressional defense committees a certification that the Secretary has determined such a performance-based logistics contract will—

(A)

reduce sustainment or operating costs for the F–35 airframe or engine programs; or

(B)

increase readiness rates, full and partial mission capability rates, or airframe and engine availability rates of the F–35 weapon system.

(2)

Certification

Any certification submitted pursuant to paragraph (1) shall include a cost-benefit analysis comparing an existing contract for the F–35 airframe or engine programs with a performance-based logistics sustainment contract for the F–35 airframe or engine programs.

(3)

Applicability

The limitation under paragraph (1) shall not apply with respect to the termination, modification, exercise of a contract option for, or other action relating to, a contract for the F–35 program entered into prior to the date of the enactment of this Act unless such termination, modification, exercise, or other action would require the use of a performance-based logistics sustainment contract as specified in paragraph (1).

(c)

Cost-per-tail-per-year calculation

For purposes of this section, the average cost-per-tail of a variant of an aircraft of an Armed Force shall be determined by—

(1)

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

(A)

unit level manpower;

(B)

unit operations;

(C)

maintenance;

(D)

sustaining support;

(E)

continuing system support; and

(F)

modifications; and

(2)

dividing the sum resulting under paragraph (1) by the average number of such aircraft in the inventory of an Armed Force during such fiscal year.

357.

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 Committees on Armed Services of the House of Representatives and the Senate a briefing on such review, including any findings of the Comptroller General as a result of such review.

(b)

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 Committees on Armed Services of the House of Representatives and the Senate and the Comptroller General, the Comptroller General shall submit to such committees a report on the matters covered by the briefing.

F

Reports

361.

Inclusion of information regarding borrowed military manpower in readiness reports

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

(1)

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

(2)

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

(10)

Information regarding the extent to which any member of the armed forces is assigned or detailed outside the member’s unit or away from training in order to perform any function that had previously been performed by civilian employees of the Federal Government.

.

362.

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; and

(B)

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

; and

(3)

by striking paragraph (3).

363.

Incident reporting requirements for Department of Defense regarding lost or stolen weapons

(a)

In general

For each of fiscal years 2022, 2023, and 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on security, control, thefts, losses, and recoveries of sensitive conventional arms, ammunition, and explosives (commonly referred to as AA&E) of the Department of Defense during such year, including the following:

(1)

M–16 or M4s.

(2)

Light automatic weapons up to and including M249, M2, and 40mm MK19 machine guns.

(3)

Functional launch tube with umbilical squib installed and grip stock for the Stinger missile.

(4)

Launch tube, sight assembly, and grip stock for missiles.

(5)

Tracker for the Dragon missile.

(6)

Mortar tubes up to and including 81mm.

(7)

Grenade launchers.

(8)

Rocket and missile launchers with an unpacked weight of 100 pounds or less.

(9)

Flame throwers.

(10)

The launcher, missile guidance se, or the optical sight for the TOW and the Javelin Command Launch Unit.

(11)

Single shot and semi-automatic (non-automatic) shoulder-fired weapons such as shotguns and bolt action rifles and weapons barrels.

(12)

Handguns.

(13)

Recoil-less rifles up to and including 106mm.

(14)

Man-portable missiles and rockets in a ready-to-fire configuration or when jointly stored or transported with the launcher tube or grip-stock and the explosive round.

(15)

Stinger missiles.

(16)

Dragon, Javelin, light antitank weapon (66mm), shoulder-launched multi-purpose assault weapon rocket (83mm), M136 (AT4) anti-armor launcher and cartridge (84mm).

(17)

Missiles and rockets that are crew-served or require platform-mounted launchers and other equipment to function, including HYDRA–70 rockets and tube-launched optically wire guided (TOW) missiles.

(18)

Missiles and rockets that require platform-mounted launchers and complex hardware equipment to function including the HELLFIRE missile.

(19)

Explosive rounds of any missile or rocket listed in paragraphs (1) through (18).

(20)

Hand or rifle grenades (high-explosive and white phosphorous).

(21)

Antitank or antipersonnel mines.

(22)

Explosives used in demolition operations, C–4, military dynamite, and trinitrotoluene (TNT).

(23)

Warheads for sensitive missiles and rockets weighing less than 50 pounds each.

(24)

Ammunition that is .50 caliber or larger with explosive-filled projectile.

(25)

Incendiary grenades and fuses for high-explosive grenades.

(26)

Blasting caps.

(27)

Supplementary charges.

(28)

Bulk explosives.

(29)

Detonating cord.

(30)

Riot control agents.

(b)

Immediate reporting of confirmed thefts, losses, and recoveries

Not later than 72 hours after a confirmed theft, loss, or recovery of a sensitive conventional arm, ammunition, or explosive covered by the report required by subsection (a), the Secretary shall report such theft, loss, or recovery to the National Crime Information Center and local law enforcement.

364.

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

(a)

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, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a strategy to improve the language proficiency of the special operations forces of the Armed Forces, including by identifying individuals who have proficiency in a critical language and recruiting and retaining such individuals in the special operations forces.

(2)

Elements

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

(A)

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 nongovernmental programs used.

(E)

An annual plan to enhance and maintain foreign language proficiency within the special operations forces of each Armed Force.

(F)

An annual plan 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)

Reports required

Not later than December 31, 2022, and annually thereafter until December 31, 2025, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a report on the strategy required under subsection (a), including progress in achieving the objectives of the strategy with respect to the recruitment, training, and retention of members of the special operations forces who have proficiency in a critical language.

(c)

Definitions

In this section:

(1)

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

(2)

The terms military departments and Secretary concerned have the meanings given such terms in section 101 of title 10, United States Code.

(3)

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

(4)

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

G

Other Matters

371.

Military Aviation and Installation Assurance Clearinghouse matters

(a)

Strategy to test and integrate wind turbine interference mitigation strategies

The Secretary of Defense and the Secretary of the Air Force, in coordination with the Commander of United States Northern Command and the Commander of North American Aerospace Defense Command, shall develop a strategy to test and integrate wind turbine interference mitigation technologies into radars and the air surveillance command and control architecture of the Department of Defense.

(b)

Modification of Clearinghouse requirements

Section 183a(c) of title 10, United States Code, is amended—

(1)

in paragraph (2), by adding at the end the following new subparagraph:

(C)

A notice of presumed risk issued under subparagraph (A) is a preliminary assessment only and does not represent a formal objection pursuant to subsection (e). Discussions of possible mitigation actions under such subparagraph could favorably resolve any concerns identified in the notice of presumed risk.

; and

(2)

by adding at the end the following new paragraph:

(8)

If, in reviewing an application for an energy project pursuant to paragraph (1), the Clearinghouse finds no adverse impact on military operations under section 44718(b)(1) of title 49, the Clearinghouse shall communicate to the Secretary of Transportation in writing, not later than five business days after making such finding, the following: No Part 77 concerns, national security review ongoing..

.

372.

Establishment of Joint Safety Council

(a)

In general

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

184.

Joint Safety Council

(a)

In general

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

(b)

Membership; appointment; compensation

(1)

The Council shall be composed of voting members as follows:

(A)

The Director of Safety for each military department.

(B)

An employee of the Department of Defense who is a career member of the Senior Executive Service and has a demonstrated record of success in the implementation of programs within the Department of Defense (as determined by the Deputy Secretary of Defense), appointed by the Deputy Secretary of Defense.

(C)

One member of the armed forces or civilian employee from each military department, appointed by the Secretary concerned.

(D)

Such additional members as may be determined by the Deputy Secretary of Defense.

(2)
(A)

Each member of the Council shall serve at the will of the official who appointed that member.

(B)

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

(3)