DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

subtitle A—Authorization of Appropriations

SEC. 101. Authorization of appropriations.

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

subtitle B—Army Programs

SEC. 111. 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.

SEC. 112. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters.

SEC. 113. Continuation of Soldier Enhancement Program.

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

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

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

(1) lighter, more lethal weapons; and

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

SEC. 114. Strategy for the procurement of accessories for the next generation squad weapon.

(a) Strategy required.—The Secretary of the Army shall develop and implement a strategy to identify, test, qualify, and procure, on a competitive basis, accessories for the next generation squad weapon of the Army, including magazines and other components that could affect the performance of such weapon.

(b) Market survey and qualification activities.—

(1) INITIAL MARKET SURVEY.—Not later than one year after a decision is made to enter into full-rate production for the next generation squad weapon, the Secretary of the Army shall conduct a market survey to identify accessories for such weapon, including magazines and other components, that could affect the weapon’s performance.

(2) QUALIFICATION ACTIVITIES.—After completing the market survey under paragraph (1), the Secretary of the Army may compete, select, procure, and conduct tests of such components to qualify such components for purchase and use. A decision to qualify such components shall be based on established technical standards for operational safety and weapon effectiveness.

(c) Information to Congress.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall provide to the congressional defense committees a briefing or a report on—

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

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

subtitle C—Navy Programs

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

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

SEC. 122. Inclusion of basic and functional design in assessments required prior to start of construction on first ship of a shipbuilding program.

Section 124 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 28; 10 U.S.C. 8661 note) is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1), by striking “Concurrent with approving the start of construction of the first ship for any major shipbuilding program, the Secretary of the Navy shall” and inserting “The Secretary of the Navy may not enter into a contract for the construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary”;

(B) in paragraph (1)—

(i) by striking “submit” and inserting “submits”; and

(ii) by striking “and” at the end;

(i) by striking “certify” and inserting “certifies”; and

(ii) by striking the period at the end and inserting “; and”; and

(D) by adding at the end the following new paragraph:

“(3) certifies to the congressional defense committees that the basic and functional design of the vessel is complete.”; and

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

“(5) BASIC AND FUNCTIONAL DESIGN.—The term ‘basic and functional design’, when used with respect to a vessel, means design through computer-aided models, that—

“(A) fixes the hull structure of the vessel;

“(B) sets the hydrodynamics of the vessel;

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

“(D) identifies the exact positioning of piping and other outfitting within each block of the vessel.”.

SEC. 123. Multiyear procurement authority for Arleigh Burke class destroyers.

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of up to 15 Arleigh Burke class Flight III guided missile destroyers.

(b) Authority for advance procurement.—The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2023, for advance procurement associated with the destroyers for which authorization to enter into a multiyear procurement contract is provided under subsection (a), and for systems and subsystems associated with such destroyers in economic order quantities when cost savings are achievable.

(c) Condition for out-year contract payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2023 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.

(d) Limitation.—The Secretary of the Navy may not modify a contract entered into under subsection (a) if the modification would increase the target price of the destroyer by more than 10 percent above the target price specified in the original contract awarded for the destroyer under subsection (a).

SEC. 124. Incorporation of advanced degaussing systems into DDG–51 class destroyers.

(a) In general.—The Secretary of the Navy shall ensure that an advanced degaussing system is incorporated into any DDG–51 class destroyer procured pursuant to a covered contract.

(b) Covered contract defined.—In this section, the term “covered contract” means a multiyear contract for the procurement of a DDG–51 destroyer that is entered into by the Secretary of the Navy on or after the date of the enactment of this Act.

subtitle D—Air Force Programs

SEC. 131. Contract for logistics support for VC–25B aircraft.

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

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

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

SEC. 132. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program.

(a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the research and development, design, procurement, or advanced procurement of materials for the B–52 Commercial Engine Replacement Program may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report described in section 2432 of title 10, United States Code, for the most recently concluded fiscal quarter for the B–52 Commercial Engine Replacement Program in accordance with subsection (b)(1).

(b) Additional requirements.—

(1) TREATMENT OF BASELINE ESTIMATE.—The Secretary of Defense shall deem the Baseline Estimate for the B–52 Commercial Engine Replacement Program for fiscal year 2018 as the original Baseline Estimate for the Program.

(2) UNIT COST REPORTS AND CRITICAL COST GROWTH.—

(A) Subject to subparagraph (B), the Secretary shall carry out sections 2433 and 2433a of title 10, United States Code, with respect to the B–52 Commercial Engine Replacement Program, as if the Department had submitted a Selected Acquisition Report for the Program that included the Baseline Estimate for the Program for fiscal year 2018 as the original Baseline Estimate, except that the Secretary shall not carry out subparagraph (B) or subparagraph (C) of section 2433a(c)(1) of such title with respect to the Program.

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

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

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

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

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

SEC. 133. Inventory requirements and limitations relating to certain air refueling tanker aircraft.

(a) Minimum inventory requirements for KC–10A aircraft.—

(1) FISCAL YEAR 2022.—During the period beginning on October 1, 2021, and ending on October 1, 2022, the Secretary of the Air Force shall, except as provided in paragraph (3), maintain a minimum of 36 KC–10A aircraft designated as primary mission aircraft inventory.

(2) FISCAL YEAR 2023.—During the period beginning on October 1, 2022, and ending on October 1, 2023, the Secretary of the Air Force shall, except as provided in paragraph (3), maintain a minimum of 24 KC–10A aircraft designated as primary mission aircraft inventory.

(3) EXCEPTION.—The requirements of paragraphs (1) and (2) shall not apply to individual KC–10A aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair.

(b) Limitation on retirement of KC–135 Aircraft.—

(1) LIMITATION.—Except as provided in paragraph (2), the Secretary of the Air Force may not retire more than 18 KC–135 aircraft during the period beginning on the date of the enactment of this Act and ending on October 1, 2023.

(2) EXCEPTION.—The limitation in paragraph (1) shall not apply to individual KC–135 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair.

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

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

SEC. 134. Minimum inventory of tactical airlift aircraft and limitation on modification of Air National Guard tactical airlift flying missions.

(a) Minimum inventory requirement.—During the period beginning on October 1, 2021, and ending on October 1, 2026, the Secretary of the Air Force shall maintain a total inventory of tactical airlift aircraft of not less than 279 aircraft.

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

(c) Limitation on modification of Air National Guard tactical airlift flying missions.—The Secretary of the Air Force may not modify the flying mission of a tactical airlift unit of the Air National Guard unless—

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

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

SEC. 135. Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device.

(a) In general.—The Secretary of the Air Force may enter into contracts for the life-of-type procurement of covered parts supporting the KS–75 cryptographic device under the Ground Based Strategic Deterrent program.

(b) Covered Parts Defined.—In this section the term “covered parts” means commercially available off-the-shelf items as defined in section 104 of title 41, United States Code.

(c) Availability of funds.—Notwithstanding section 1502(a) of title 31, United States Code, of the amount authorized to be appropriated for fiscal year 2022 by section 101 and available for missile procurement, Air Force, as specified in the corresponding funding table in section 4101, $10,900,000 shall be available for the procurement of covered parts pursuant to contracts entered into under subsection (a).

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

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

(a) F–35A quantity limit for the Air Force.—

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

(A) 1,763; or

(B) the number obtained by—

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

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

(2) COST-PER-TAIL FACTOR.—For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—

(A) 4,100,000, divided by

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

(b) F–35B quantity limit for the Marine Corps.—

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

(A) 353; or

(B) the number obtained by—

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

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

(2) COST-PER-TAIL FACTOR.—For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—

(A) 6,800,000, divided by

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

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

(A) 273; or

(B) the number obtained by—

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

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

(2) COST-PER-TAIL FACTOR.—For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—

(A) 7,500,000, divided by

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

(d) F–35C Quantity limit for the Marine Corps.—

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

(A) 67; or

(B) the number obtained by—

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

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

(2) COST-PER-TAIL FACTOR.—For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—

(A) 6,800,000, divided by

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

(e) Determination of cost-per-tail-per-year for fiscal year 2027.——

(1) IN GENERAL.—Not later than 90 days after the end of fiscal year 2027—

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

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

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

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

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

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

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

(i) unit level manpower;

(ii) unit operations;

(iii) maintenance;

(iv) sustaining support;

(v) continuing system support; and

(vi) modifications; and

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

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

(g) Aircraft defined.—In this section, the term “aircraft” means aircraft owned and operated by an Armed Force of the United States and does not include aircraft owned or operated by an armed force of a foreign country.

SEC. 142. Limitation on availability of funds for aircraft systems for the armed overwatch program.

(a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the procurement of aircraft systems for the armed overwatch program of the United States Special Operations Command, not more than 50 percent may be obligated or expended until the date on which the documentation described in subsection (b) is submitted to the congressional defense committees.

(b) Documentation described.—The documentation described in this subsection is the airborne intelligence, surveillance, and reconnaissance acquisition roadmap for the United States Special Operations Command required to be submitted to the congressional defense committees under section 165 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

(c) Requirement to maintain capabilities.—Until such time as the Secretary of Defense identifies a suitable replacement for the U–28 aircraft, the Secretary shall maintain the U–28 aircraft platform to provide necessary capabilities to sustain operations to meet the operational intelligence, surveillance, and reconnaissance requirements of combatant commanders.

SEC. 143. Major weapon systems capability assessment process and procedure review and report.

(a) Review.—The Secretary of Defense shall review, and modify as appropriate, the processes of the Department for the management of strategic risk with respect to capabilities of major weapon systems, including the processes for—

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

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

(b) Report.—Not later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees and the Comptroller General of the United States a report containing the following:

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

(A) assessing the effectiveness, and the costs, of fielded major weapon systems in addressing the current, mid-term, and long-term threats identified in the contingency plans of the combatant commands;

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

(i) continued use of a fielded major weapon system; and

(ii) replacing a fielded major weapon system;

(C) developing strategies for the continued use or replacement of fielded major weapon systems that ensure that the capabilities of major weapon systems are viable and resilient against evolving threats; and

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

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

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

(A) evaluate, at regular intervals, whether a major weapon system—

(i) meets operational requirements; and

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

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

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

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

(I) how long such replacement will take;

(II) the period over which such divestment should occur; and

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

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

(4) An identification of the fielded major weapon systems with respect to which the Secretary of Defense completed replacement or divestment during the period beginning on January 1, 2010, and ending on the date on which the report is submitted under this subsection.

(5) An assessment of the processes involved in the decisions of the Secretary of Defense to replace and divest the fielded major weapon systems identified under paragraph (4), including an assessment of the effectiveness in meeting operational requirements and the timeliness of those processes involved in making replacement decisions.

(6) An identification of any fielded major weapon systems with respect to which, as of the date on which the report is submitted under this subsection, the Secretary of Defense plans to complete replacement or divestment not later than December 31, 2035.

(7) An analysis of the plans of the Secretary of Defense with respect to replacing or divesting the fielded major weapon systems identified under paragraph (6), including—

(A) the rationale supporting such replacement or divestment plans;

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

(C) a description of how the Secretary of Defense will manage at an appropriate level the strategic risk relative to the availability and effectiveness of the fielded major weapons systems to be divested, including a description of any risk mitigation plans.

(8) An identification of the major weapon system upgrade efforts and the research, development, and acquisition programs to replace fielded major weapon systems that the Secretary of Defense—

(A) began after December 31, 2009; or

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

(9) An assessment of how the replacement major weapon systems from the programs identified under paragraph (8) will meet current and future operational requirements in the National Defense Strategy.

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

(2) BRIEFING.—Not later than 180 days after the date on which the Secretary of Defense submits to the Comptroller General the report required under subsection (b), the Comptroller General shall brief the congressional defense committees on the preliminary assessment of such report required under paragraph (1).

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

(d) Definitions.—In this section:

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

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

(3) The term “strategic risk” means a risk arising from updating or replacing a major weapon system, or the decision to not update or replace a major weapon system.

SEC. 144. Reports on exercise of waiver authority with respect to certain aircraft ejection seats.

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

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

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

(A) deferred maintenance; or

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

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

(A) the date on which the waiver was issued; and

(B) the name and title of the official who authorized the waiver.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

subtitle A—Authorization of Appropriations

SEC. 201. Authorization of appropriations.

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

subtitle B—Program Requirements, Restrictions, and Limitations

SEC. 211. Duties and regional activities of the Defense Innovation Unit.

(a) Duties of DIU joint reserve detachment.—Clause (ii) of section 2358b(c)(2)(B) of title 10, United States Code, is amended to read as follows:

“(ii) the technology requirements of the Department of Defense, as identified in the most recent—

“(I) National Defense Strategy;

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

“(III) policy and guidance from the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment; and”.

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

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

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

SEC. 212. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions.

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

(1) by amending subsection (c) to read as follows:

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

(2) in subsection (e)—

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

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

“(31) Nuclear science, security, and nonproliferation.

“(32) Chemical, biological, radiological, and nuclear defense.”; and

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

SEC. 213. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions.

Section 217(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note), as amended by section 212 of this title, is further amended—

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

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

“(33) Spectrum activities.”.

SEC. 214. Minority Institute for Defense Research.

(a) Plan to establish Minority Institute for Defense Research.—

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

(2) ELEMENTS.—The Plan shall include the following:

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

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

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

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

(3) PUBLICLY AVAILABLE.—The Plan shall be posted on a publicly available website of the Department.

(b) Naming of the Consortium.—With respect to the naming of the Consortium, the Secretary shall—

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

(A) minority institutions;

(B) nonprofit institutions that advocate on behalf of minority institutions; and

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

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

(4) choose a name from such list to name the Consortium.

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

(2) PURPOSES.—The purposes described in this paragraph are the following:

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

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

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

(D) Recruiting and retaining research faculty.

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

(F) Any other matter determined appropriate by the Secretary.

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

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

(d) Subcontracting requirements for minority institutions.—

(1) IN GENERAL.—Section 2304 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(m) (1) The head of an agency shall require that a contract awarded to Department of Defense Federally Funded Research and Development Center or University Affiliated Research Center includes a requirement to establish a partnership to develop the capacity of minority institutions to address the research and development needs of the Department. Such partnerships shall be through a subcontract with one or more minority institutions for a total amount of not less than 5 percent of the amount awarded in the contract.

“(2) For the purposes of this subsection, a minority institution means—

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

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

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall—

(A) take effect on October 1, 2026; and

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

(e) Definitions.—In this section:

(1) The term “Department” means the Department of Defense.

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

(3) The term “minority institution” means—

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

(B) any institution of higher education at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering.

(4) The term “Secretary” means the Secretary of Defense.

(5) The term “University Affiliated Research Center” means a research organization within an institution of higher education that—

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

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

SEC. 215. Test program for engineering plant of DDG(X) destroyer vessels.

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

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

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

(1) Main reduction gear.

(2) Electrical propulsion motors.

(3) Other propulsion drive train components.

(4) Main propulsion system.

(5) Auxiliary propulsion unit.

(6) Electrical generation and distribution systems.

(7) Shipboard control systems.

(8) Power control modules.

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

(1) Test of the full propulsion drive train.

(2) Test and facilitation of machinery control systems integration.

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

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

(f) Definitions.—In this section:

(1) DELIVERY DATE.—The term “delivery date” has the meaning given that term in section 8671 of title 10, United States Code.

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

SEC. 216. Consortium to study irregular warfare.

(a) Establishment.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall establish a research consortium of institutions of higher education to study irregular warfare and the responses to irregular threats.

(b) Purposes.—The purposes of the consortium under subsection (a) are as follows:

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

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

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

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

(5) To transition promising basic research—

(A) to higher stages of research and development, and

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

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

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

(A) the understanding of irregular threats; and

(B) the integration of data-based responses to such threats.

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

(c) Coordination.—The Under Secretary of Defense for Research and Engineering shall coordinate activities conducted under this section with the Commander of the United States Special Operations Command.

(d) Partnerships.—The Under Secretary of Defense for Research and Engineering shall encourage partnerships between the consortium and university-affiliated research centers and other research institutions.

(e) Institution of higher education defined.—In this section, the term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

SEC. 217. Development and implementation of digital technologies for survivability and lethality testing.

(a) Expansion of survivability and lethality testing.—

(1) IN GENERAL.—The Secretary, in coordination with covered officials, shall—

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

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

(2) DEVELOPMENT OF DIGITAL TECHNOLOGIES FOR LIVE FIRE TESTING.—

(A) IN GENERAL.—The Secretary, in coordination with covered officials, shall develop—

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

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

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

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

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

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

(I) communications;

(II) firepower;

(III) mobility;

(IV) catastrophic survivability; and

(V) lethality.

(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).

(1) COVERED OFFICIALS.—The term “covered officials” means—

(A) the Under Secretary of Defense for Research and Engineering;

(B) the Under Secretary of Defense for Acquisition and Sustainment;

(D) the Director;

(E) the Director of Cost Assessment and Program Evaluation;

(F) the Service Acquisition Executives;

(G) the Service testing commands;

(H) the Director of the Defense Digital Service; and

(I) representatives from—

(i) the Department of Defense Test Resource Management Center;

(ii) the High Performance Computing Modernization Program Office; and

(iii) the Joint Technical Coordination Group for Munitions Effectiveness.

(2) COVERED SYSTEM.—The term “covered system” means any warfighting capability that can degrade, disable, deceive, or destroy forces or missions.

(3) DEPARTMENT.—The term “Department” means the Department of Defense.

(4) DIGITAL TECHNOLOGIES.—The term “digital technologies” includes digital models, digital simulations, and digital twin capabilities that may be used to test the survivability and lethality of a covered system.

(5) DIRECTOR.—The term “Director” means the Director of Operational Test and Evaluation.

(6) FULL SPECTRUM SURVIVABILITY AND LETHALITY TESTING.—The term “full spectrum survivability and lethality testing” means a series of assessments of the effects of kinetic and non-kinetic threats on the communications, firepower, mobility, catastrophic survivability, and lethality of a covered system.

(7) NON-KINETIC THREATS.—The term “non-kinetic threats” means unconventional threats, including—

(A) cyber attacks;

(B) electromagnetic spectrum operations;

(D) directed energy weapons.

(8) SECRETARY.—The term “Secretary” means the Secretary of Defense.

SEC. 218. Pilot program on the use of intermediaries to connect the Department of Defense with technology producers.

(a) In general.—The Secretary of Defense shall carry out a pilot program to foster the transition of the science and technology programs, projects, and activities of the Department of Defense from the research, development, pilot, and prototyping phases to full-scale implementation. Under the pilot program, the Secretary shall seek to enter into agreements with qualified intermediaries pursuant to which the intermediaries will—

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

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

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

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

(A) planning, programing, budgeting, and execution processes of the Department.

(B) requirements processes;

(D) other procurement programs and authorities, including—

(i) the Small Business Innovation Research Program and the Small Business Technology Transfer Program, as defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e));

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

(iii) cooperative agreements;

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

(v) grant programs; and

(E) new entrant barriers and challenges, including—

(i) accessing secure computing and information technology infrastructure; and

(ii) securing clearances for personnel and facilities; and

(2) match technology producers with programs, projects, and activities of the Department that may have a use for the technology developed by such producers, including programs, projects, and activities carried out by—

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

(B) program management offices;

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

(E) such other elements of the Department as the Secretary considers appropriate.

(c) Priority.—In carrying out the activities described in subsection (b), a qualified intermediary shall give priority to technology producers that are small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), research institutions (as defined in section 9(e) of such Act), or institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C 1001)).

(d) Terms of agreements.—

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

(2) METHODS OF SERVICE DELIVERY.—In entering into agreements under subsection (a), the Secretary may consider, on a case by case basis, whether the needs of the Department of Defense and technology producers would best be served by a qualified intermediary that provides services in a specific geographic region, serves a particular technology sector, or uses another method of service delivery.

(3) INCENTIVES.—The Secretary of Defense may include terms in an agreement under subsection (a) to incentivize a qualified intermediary to successfully facilitate the transition of science and technology from the research, development, pilot, and prototyping phases to full-scale implementation within the Department of Defense.

(4) LIMITATION ON USE OF FUNDS.—The Secretary of Defense may not use any amounts required to be expended under section 9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)) for any administrative costs incurred by a qualified intermediary associated with the pilot program under this section.

(e) Protection of proprietary information.—The Secretary of Defense shall implement policies and procedures to protect the intellectual property and any other proprietary information of technology producers that participate in the pilot program under this section.

(f) Data collection.—

(1) PLAN REQUIRED BEFORE IMPLEMENTATION.—The Secretary of Defense may not enter into an agreement under subsection (a) until the date on which the Secretary—

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

(B) submits the plan to the appropriate congressional committees.

(2) DATA COLLECTION REQUIRED.—The Secretary of Defense shall collect and analyze data on the pilot program under this section for the purposes of—

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

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

(g) Briefing.—Not later than December 31, 2022, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the progress of the Secretary in implementing the pilot program under this section and any related policy issues.

(h) Consultation.—In carrying out the pilot program under this section, the Secretary of Defense shall consult with—

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

(2) the heads of appropriate Defense Agencies and Department of Defense Field Activities;

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

(4) the Administrator of Federal Procurement Policy; and

(5) such other individuals and organizations as the Secretary determines appropriate.

(i) Termination.—The pilot program under this section shall terminate on the date that is five years after the date on which Secretary of Defense enters into the first agreement with a qualified intermediary under subsection (a).

(j) Comptroller General assessment and report.—

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

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

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

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

(3) DATE SPECIFIED.—The date specified in this paragraph is the earlier of—

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

(B) five years after the date of the enactment of this Act.

(k) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the congressional defense committees;

(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and

(2) The term “qualified intermediary” means a nonprofit, for-profit, or State or local government entity that assists, counsels, advises, evaluates, or otherwise cooperates with technology producers that need or can make demonstrably productive use of the services provided by the intermediary pursuant to the pilot program under this section.

(3) The term “technology producer” means an individual or entity engaged in the research, development, production, or distribution of science or technology that the Secretary of Defense determines may be of use to the Department of Defense.

SEC. 219. Assessment and correction of deficiencies in the F–35 aircraft pilot breathing system.

(a) Testing and evaluation required.—Beginning not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall commence operational testing and evaluation of the F–35 aircraft pilot breathing system (in this section referred to as the “breathing system”) to—

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

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

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

(1) The pilot, aircraft systems, and operational flight environment of the F–35 aircraft shall not be assessed in isolation but shall be tested and evaluated as integrated parts of the breathing system.

(2) The testing and evaluation shall be conducted under a broad range of operating conditions, including variable weather conditions, low-altitude flight, high-altitude flight, during weapons employment, at critical phases of flight such as take-off and landing, and in other challenging environments and operating flight conditions.

(3) The testing and evaluation shall assess operational flight environments for the pilot that replicate expected conditions and durations for high gravitational force loading, rapid changes in altitude, rapid changes in airspeed, and varying degrees of moderate gravitational force loading.

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

(A) pilots who are test-qualified and pilots who are not test-qualified

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

(5) The F–35A, F–35B, and F–35C aircraft involved in the testing and evaluation shall perform operations with operationally representative and realistic aircraft configurations.

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

(7) The testing and evaluation shall include testing data from pilot reports, measurements of breathing pressures and air delivery response timing and flow, cabin pressure, air-speed, acceleration, measurements of hysteresis during all phases of flight, measurements of differential pressure between mask and cabin altitude, and measurements of spirometry and specific oxygen saturation levels of the pilot immediately before and immediately after each flight.

(8) The analysis of the safety and effectiveness of the breathing system shall thoroughly assess any physiological effects reported by pilots, including effects on health, fatigue, cognition, and perception of any breathing difficulty.

(9) The testing and evaluation shall include the participation of subject matter experts who have familiarity and technical expertise regarding design and functions of the F–35 aircraft, its propulsion system, pilot breathing system, life support equipment, human factors, and any other systems or subject matter the Secretary determines necessary to conduct effective testing and evaluation. At a minimum, such subject matter experts shall include aerospace physiologists, engineers, flight surgeons, and scientists.

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

(c) Corrective actions.—Not later than 90 days after the submittal of the final report under subsection (e), the Secretary of Defense shall take such actions as are necessary to correct all deficiencies, shortfalls, and gaps in the breathing system that were discovered or reported as a result of the testing and evaluation under subsection (a).

(d) Preliminary report.—Not later than one year after the commencement of the testing and evaluation under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a preliminary report, based on the initial results of such testing and evaluation, that includes findings, recommendations, and potential corrective actions to address deficiencies in the breathing system.

(e) Final report.—Not later than two years after the commencement of the testing and evaluation under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a final report that includes, based on the final results of such testing and evaluation—

(1) findings and recommendations with respect to the breathing system; and

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

(f) Independent review of final report.—

(1) IN GENERAL.—The Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall seek to enter into an agreement with a federally funded research and development center with relevant expertise to conduct an independent sufficiency review of the final report submitted under subsection (e).

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

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

SEC. 220. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base.

(a) Identification required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1) identify each facility and capability of the Major Range and Test Facility Base that is primarily concerned with the ground-based simulation of hypersonic atmospheric flight conditions and the test and evaluation of hypersonic technology in open air flight; and

(2) identify such facilities and capabilities that the Secretary would propose to designate, collectively, as the “Hypersonics Facility Base”.

(b) Major Range and Test Facility Base.—In this section, the term “Major Range and Test Facility Base” has the meaning given that term in section 196(i) of title 10, United States Code.

SEC. 221. Requirement to maintain access to category 3 subterranean training facility.

(a) Requirement to maintain access.—The Secretary of Defense shall ensure that the Department of Defense maintains access to a covered category 3 subterranean training facility on a continuing basis.

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

(c) Covered category 3 subterranean training facility defined.—In this section, the term “covered category 3 subterranean training facility” means a category 3 subterranean training facility that is—

(1) operational as of the date of the enactment of this Act; and

(2) deemed safe for use as of such date.

SEC. 222. Prohibition on reduction of naval aviation testing and evaluation capacity.

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

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

(2) The billets assigned to support such capacity.

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

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

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

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

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

SEC. 223. Limitation on availability of funds for certain C–130 aircraft.

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to procure a C–130 aircraft for testing and evaluation as a potential replacement for the E–6B aircraft until the date on which the Secretary of the Navy submits to the congressional defense committees a report that includes the following information:

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

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

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

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

SEC. 224. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation.

(a) Documentation required.—The Secretary of the Air Force shall submit to the congressional defense committees an integrated master schedule for the VC–25B presidential aircraft recapitalization program of the Air Force.

(b) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force for the VC–25B aircraft, not more than 50 percent may be obligated or expended until the date on which the Secretary of the Air Force submits to the congressional defense committees the documentation required under subsection (a).

subtitle C—Plans, Reports, and Other Matters

SEC. 231. Modification to annual report of the Director of Operational Test and Evaluation.

Section 139(h)(2) of title 10, United States Code, is amended by striking “, through January 31, 2026”.

SEC. 232. Adaptive engine transition program acquisition strategy for the F–35A aircraft.

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

(b) Elements.—The report required under subsection (a) shall include the following:

(1) A competitive acquisition strategy, informed by fiscal considerations, to—

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

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

(2) An implementation plan to implement such strategy.

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

SEC. 233. Advanced propulsion system acquisition strategy for the F–35B and F–35C aircraft.

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

(b) Elements.—The report required under subsection (a) shall include the following:

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

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

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

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

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

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

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

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

(1) The term “variant of the F-35” means:

(A) the F–35B; and

(B) the F–35C.

(2) The term “advanced propulsion system” means:

(A) the Adaptive Engine Transition Program propulsion system; or

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

SEC. 234. Assessment and report on airborne electronic attack capabilities and capacity.

(a) Assessment.—The Secretary of the Air Force shall conduct an assessment of—

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

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

(A) the suitability of the jammer for use on such aircraft; and

(B) the compatibility of the jammer with such aircraft; and

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

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

SEC. 235. Strategy for autonomy integration in major weapon systems.

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

(b) Elements.—The strategy required under subsection (a) shall include—

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

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

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

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

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

(1) the Under Secretary of Defense for Research and Engineering;

(2) the Secretaries of the military departments; and

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

(d) Report.—

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

(2) CONTENTS.—The report required under paragraph (1) shall—

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

(B) describe the progress made in implementing the strategy.

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

TITLE III—Operation and Maintenance

subtitle A—Authorization of Appropriations

SEC. 301. Authorization of appropriations.

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

subtitle B—Energy and Environment

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

(a) National Defense Strategy and defense planning guidance.—Section 113(g) of title 10, United States Code, is amended—

(1) in paragraph (1)(B)—

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

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

“(x) Strategic goals to address or mitigate the current and projected risks to military installation resilience.”.

(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

(2) CLERICAL AND CONFORMING AMENDMENTS.—

(A) CLERICAL AMENDMENTS.—The table of sections for chapter 2 of such title is amended—

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

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

“118b. National Defense Sustainment and Logistics Review.”.

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

(c) Chairman’s risk assessment.—Section 153(b)(2)(B) of title 10, United States Code, is amended by inserting after clause (vi) the following new clause:

“(vii) Identify and assess risk resulting from, or likely to result from, current or projected effects on military installation resilience.”.

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

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

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

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

(h) Report on security implications associated with military installation resilience.—

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

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

(i) Annual report on readiness impacts of military installation resilience on military assets and capabilities.—

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

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

(B) An assessment of vulnerabilities to military installation resilience.

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

(j) Definitions.—In this section:

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

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

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

SEC. 312. Modification of authorities governing cultural and conservation activities of the Department of Defense.

(a) In general.—Section 2694 of title 10, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (1)—

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

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

(B) in paragraph (2)—

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

(ii) by amending subparagraph (F) to read as follows:

“(F) The implementation of ecosystem-wide land management plans—

“(i) for a single ecosystem that—

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

“(II) provides synergistic benefits unavailable if the installations acted separately; or

“(ii) for one or more ecosystems within a designated Sentinel Landscape.”; and

(2) by adding at the end the following new subsection:

“(e) Definition of Sentinel Landscape.—In this section, the term ‘Sentinel Landscape’ means a landscape-scale area encompassing—

“(1) one or more military installations or State-owned National Guard installations and associated airspace; and

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

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

(1) in subsection (c)—

(A) by inserting “resilience,” after “mutual benefit of conservation,”;

(B) by inserting “, resilience,” after “voluntary land management”; and

(C) by adding at the end the following new sentence: “The Secretary of Defense shall include information concerning the activities taken pursuant to the Sentinel Landscapes Partnership in the annual report to Congress submitted pursuant to section 2684a(g) of title 10, United States Code.”;

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

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

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

“(e) Participation by other agencies.—To the extent practicable, the Secretary of Defense shall seek the participation of other Federal agencies in the Sentinel Landscape Partnership and encourage such agencies to become full partners in the Partnership.”; and

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

“(4) RESILIENCE.—The term ‘resilience’ means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, flooding, wildfires, or other anticipated or unanticipated changes in environmental conditions.”.

SEC. 313. Modification of authority for environmental restoration projects of National Guard.

Section 2707(e)(1) of title 10, United States Code, is amended by striking “in response to perfluorooctanoic acid or perfluorooctane sulfonate contamination under this chapter or CERCLA”.

SEC. 314. Prohibition on use of open-air burn pits in contingency operations outside the United States.

(a) In general.—Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 2714. Prohibition on use of open-air burn pits

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

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

“(c) Report.— (1) Not later than 30 days after granting an exemption under subsection (b) with respect to the use of an open-air burn pit at a location, the President shall submit to Congress a written report that identifies—

“(A) the location of the open-air burn pit;

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

“(C) the size and expected duration of use of the open-air burn pit;

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

“(E) the need for the open-air burn pit and rationale for granting the exemption.

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

“(d) Definition of covered waste.—In this section, the term ‘covered waste’ includes—

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

“(2) medical waste;

“(3) tires;

“(4) treated wood;

“(5) batteries;

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

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

“(8) compressed gas cylinders, unless empty with valves removed;

“(9) fuel containers, unless completely evacuated of its contents;

“(10) aerosol cans;

“(11) polychlorinated biphenyls;

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

“(13) asbestos;

“(14) mercury;

“(15) foam tent material;

“(16) any item containing any of the materials referred to in a preceding paragraph; and

“(17) other waste as designated by the Secretary.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“2714. Prohibition on use of open-air burn pits.”.

(c) Conforming repeal.—Effective January 1, 2023, section 317 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2701 note) is repealed.

SEC. 315. Maintenance of current analytical tools for evaluation of energy resilience measures.

(a) In general.—Section 2911 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(i) Analytical tools for evaluation of energy resilience measures.— (1) The Secretary of Defense shall develop and implement a process to ensure that the Department of Defense, in the evaluation of energy resilience measures on military installations, uses analytical tools that are accurate and effective in projecting the costs and performance of such measures.

“(2) Analytical tools specified in paragraph (1) shall be—

“(A) designed to—

“(i) provide an accurate projection of the costs and performance of the energy resilience measure being analyzed;

“(ii) be used without specialized training; and

“(iii) produce resulting data that is understandable and usable by the typical source selection official;

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

“(C) adaptable to accommodate a rapidly changing technological environment;

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

“(E) periodically reviewed and updated, but not less frequently than once every three years.”.

(b) Report.—Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the implementation of the requirements under section 2911(i) of title 10, United States Code, as added by subsection (a).

SEC. 316. Energy efficiency targets for Department of Defense data centers.

(a) Energy efficiency targets for data centers.—

(1) IN GENERAL.—Subchapter I of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 2921. Energy efficiency targets for data centers

“(a) Covered data centers.— (1) For each covered data center, the Secretary shall—

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

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

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

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

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

“(2) In this subsection, the term ‘covered data center’ means a data center of the Department that—

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

“(B) has been established before the date of the enactment of this section.

“(b) New data centers.— (1) Except as provided in paragraph (2), in the case of any Department data center established on or after the date of the enactment of this section, the Secretary shall establish energy, water usage, and resiliency-related standards that the data center shall be required to meet based on location, resiliency, industry standards, and best practices. Such standards shall include—

“(A) power usage effectiveness standards;

“(B) water usage effectiveness standards; and

“(C) any other energy or resiliency standards the Secretary determines are appropriate.

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

“(A) determines that such waiver is in the national security interest of the United States; and

“(B) submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2920 the following new item:

“2921. Energy efficiency targets for data centers.”.

(b) Inventory of data facilities.—

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

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

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

(i) The date on which the data center was established.

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

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

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

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

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

(H) Any other matters the Secretary determines are relevant.

(2) DATA CENTER DEFINED.—In this section, the term “data center” has the meaning given such term in the most recent Integrated Data Collection guidance of the Office of Management and Budget.

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

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

(2) The estimated costs associated with meeting such targets.

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

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

SEC. 317. Modification of restriction on Department of Defense procurement of certain items containing perfluorooctane sulfonate or perfluorooctanoic acid.

Section 333 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1) in the section heading—

(A) by inserting “or purchase” after “procurement”; and

(B) by striking “perfluorooctane sulfonate or perfluorooctanoic acid” and inserting “perfluoroalkyl substances or polyfluoroalkyl substances”;

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

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

“(b) Definitions.—In this section:

“(1) The term ‘covered item’ means—

“(A) nonstick cookware or cooking utensils for use in galleys or dining facilities;

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

“(C) food packaging materials;

“(D) furniture or floor waxes;

“(E) sunscreen;

“(F) umbrellas, luggage, or bags;

“(G) car wax and car window treatments;

“(H) cleaning products; and

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

“(2) The term ‘perfluoroalkyl substance’ means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.

“(3) The term ‘polyfluoroalkyl substance’ means a man-made chemical containing at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom.”.

SEC. 318. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam.

(a) Temporary moratorium.—Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prohibit the incineration of covered materials until the earlier of the following:

(1) The date on which the Secretary submits to Committees on Armed Services of the House of Representatives and the Senate a certification that the Secretary is implementing the interim guidance on the destruction and disposal of PFAS and materials containing PFAS published by the Administrator of the Environmental Protection Agency under section 7361 of the National Defense Authorization Act for Fiscal Year 2020 (15 U.S.C. 8961).

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

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

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

(1) the total amount of covered materials incinerated;

(2) the temperature range at which the covered materials were incinerated; and

(3) the locations and facilities where the covered materials were incinerated.

(d) Definitions.—In this section:

(1) The term “AFFF” means aqueous film forming foam.

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

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

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

(3) The term “PFAS” means per- or polyfluoroalkyl substances.

SEC. 319. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances.

(a) Public disclosure of PFAS testing of water.—

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

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

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

(2) CONSENT BY PRIVATE PROPERTY OWNERS.—The Secretary of Defense may not publicly disclose the results of testing for perfluoroalkyl or polyfluoroalkyl substances conducted on private property without the consent of the property owner.

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

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

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

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

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

(2) on another publicly available website of the Department of Defense; or

(3) in the Federal Register.

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

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

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

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

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

(f) Definitions.—In this section:

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

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

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

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

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

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

SEC. 320. PFAS testing requirements.

Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall complete a preliminary assessment and site inspection for PFAS, including testing for PFAS, at all military installations, formerly used defense sites, and State-owned facilities of the National Guard in the United States that have been identified by the Secretary as of the date of the enactment of the Act.

SEC. 321. Standards for response actions with respect to PFAS contamination.

(a) In general.—In conducting a response action to address perfluoroalkyl or polyfluoroalkyl substance contamination from Department of Defense or National Guard activities, the Secretary of Defense shall conduct such actions to achieve a level of such substances in the environmental media that meets or exceeds the most stringent of the following standards for each applicable covered PFAS substance in any environmental media:

(1) A State standard, in effect in the State in which the response action is being conducted, as described in section 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)).

(2) A Federal standard, as described in section 121(d)(2)(A)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)).

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

(b) Definitions.—In this section:

(1) The term “covered PFAS substance” means any of the following:

(A) Perfluorononanoic acid (PFNA).

(B) Perfluorooctanoic acid (PFOA).

(D) Perfluorooctane sulfonic acid (PFOS).

(E) Perfluorohexane sulfonate (PFHxS).

(F) Perfluorobutane sulfonic acid (PFBS).

(G) GenX.

(2) The term “response action” means an action taken pursuant to section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

(c) Savings clause.—Except with respect to the specific level required to be met under subsection (a), nothing in this section affects the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607).

SEC. 322. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam.

(a) Review required.—Not later than 180 days of after the date of the enactment of this Act, the Secretary of Defense shall complete a review of the efforts of the Department of Defense to prevent or mitigate spills of aqueous film-forming foam (in this section referred to as “AFFF”). Such review shall assess the following:

(1) The preventative maintenance guidelines for fire trucks of the Department and fire suppression systems in buildings of the Department, to mitigate the risk of equipment failure that may result in a spill of AFFF.

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

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

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

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

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

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

(c) Briefing.—Not later than 30 days after the date on which the Secretary issues the guidance under subsection (b), the Secretary shall provide to the congressional defense committees a briefing that summarizes the results of the review conducted under subsection (a) and the guidance issued under subsection (b).

SEC. 323. Budget information for alternatives to burn pits.

The Secretary of Defense shall include in the budget submission of the President under section 1105(a) of title 31, United States Code, for fiscal year 2022 a dedicated budget line item for incinerators and waste-to-energy waste disposal alternatives to burn pits.

SEC. 324. Establishment of emissions control standard operating procedures.

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

(b) Standards required.—Not later than 60 days after completing the review under subsection (a), the Secretary of Defense shall direct the Secretary of each of the military departments to establish standard operating procedures, down to the battalion or equivalent level, pertaining to emissions control discipline during all manner of operations.

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

(1) incorporation into doctrine of the military departments;

(2) integration into training of the military departments; and

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

SEC. 325. Long-duration demonstration initiative and joint program.

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

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

(1) ensure a range of technology types;

(2) ensure regional diversity among projects; and

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

(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.

SEC. 326. Pilot program on use of sustainable aviation fuel.

(a) In general.—The Secretary of Defense shall conduct a pilot program at two or more geographically diverse Department of Defense facilities for the use of sustainable aviation fuel. Such program shall be designed to—

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

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

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

(b) Selection of facilities.—

(1) SELECTION.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall select at least two geographically diverse Department facilities at which to carry out the pilot program. At least one such facility shall be a facility with an onsite refinery that is located in proximity to at least one major commercial airport that is also actively seeking to increase the use of sustainable aviation fuel.

(2) NOTICE TO CONGRESS.—Upon the selection of each facility under paragraph (1), the Secretary shall submit to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives notice of the selection, including an identification of the facility selected.

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

(A) develop a plan on how to implement, by September 30, 2028, a target of exclusively using at the facility aviation fuel that is blended to contain at least 10 percent sustainable aviation fuel;

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

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

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

(2) IMPLEMENTATION OF PLANS.—For each facility selected under subsection (b), during the period beginning on a date that is not later than September 30, 2028, and for five years thereafter, the Secretary shall require, in accordance with the respective plan developed under paragraph (1), the exclusive use at the facility of aviation fuel that is blended to contain at least 10 percent sustainable aviation fuel.

(d) Criteria for sustainable aviation fuel.—Sustainable aviation fuel used under the pilot program shall meet the following criteria:

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

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

(e) Waiver.—The Secretary may waive the use of sustainable aviation fuel at a facility under the pilot program if the Secretary—

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

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

(f) Final report.—At the conclusion of the pilot program, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a final report on the pilot program. Such report shall include each of the following:

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

(2) A description of any operational, infrastructure, or logistical requirements and recommendations for the blending and use of sustainable aviation fuel, with a focus on scaling up military-wide adoption of such fuel.

(3) Recommendations with respect to how military installations can leverage proximity to commercial airports and other jet fuel consumers to increase the rate of use of sustainable aviation fuel, for both military and non-military use, including potential collaboration on innovative financing or purchasing and shared supply chain infrastructure.

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

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

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

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

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

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

(F) the effect of the use of sustainable aviation fuel on the environment and on surrounding communities, including environmental justice factors that are created by the demand for and use of sustainable aviation fuel by the Department of Defense; and

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

(g) Sustainable aviation fuel defined.—In this section, the term “sustainable aviation fuel” means liquid fuel that—

(1) consists of synthesized hydrocarbon;

(2) meets the requirements of—

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

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

(3) is derived from biomass (as such term is defined in section 45K(c)(3) of the Internal Revenue Code of 1986), waste streams, renewable energy sources, or gaseous carbon oxides;

(4) is not derived from palm fatty acid distillates; and

(5) conforms to the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance, for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States.

SEC. 327. Joint Department of Defense and Department of Agriculture study on bioremediation of PFAS using mycological organic matter.

(a) Study.—The Secretary of Defense, acting through the Assistant Secretary of Defense for Energy, Installations, and Environment, Strategic Environmental Research and Development Program, and the Secretary of Agriculture, acting through the Administrator of the Agricultural Research Service, shall jointly carry out a study on the bioremediation of PFAS using mycological organic matter. Such study shall commence not later than one year after the date of the enactment of this Act.

(b) Report.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Agriculture shall jointly submit to the Committee on Agriculture and the Committee on Armed Services of the House or Representatives and the Committee on Agriculture, Forestry, and Nutrition and the Committee on Armed Services of the Senate a report on the study conducted pursuant to subsection (a).

subtitle C—Logistics and Sustainment

SEC. 341. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand.

(a) Clarification of operational energy responsibilities.—Section 2926 of title 10, United States Code, is amended—

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

(2) in subsection (b)—

(A) in the heading, by striking “Authorities” and inserting “Responsibilities”;

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

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

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

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

(b) Establishment of working group.—Such section is further amended—

(1) in subsection (c)—

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

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

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

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

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

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

“(d) Working Group.— (1) The Secretary of Defense shall establish a working group to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand that are carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense and to conduct other coordinated functions relating to such efforts.

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) in paragraph (1)—

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

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

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

(c) Modifications to operational energy strategy.—Subsection (e) of such section, as redesignated by subsection (b)(2), is amended to read as follows:

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

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

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

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

“(C) An assessment of any fossil fuel reduction technologies, including electric, hydrogen, or other sustainable fuel technologies, that may reduce operational energy demand in the near-term or long-term.

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

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

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

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

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

(d) Definitions.—Such section is further amended by adding at the end the following new subsection:

“(h) Definitions.—In this section:

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

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

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

(f) Interim report.—Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the congressional defense committees an interim report on any actions taken pursuant to the amendments made by this section. Such report shall include an update regarding the establishment of the working group under section 2926(d) of title 10, United States Code, as amended by subsection (b).

SEC. 342. Global bulk fuel management and delivery.

(a) Designation of responsible combatant command.—

(1) DESIGNATION REQUIRED.—Subchapter III of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 2927. Global bulk fuel management and delivery

“The Secretary of Defense shall designate a combatant command to be responsible for bulk fuel management and delivery of the Department on a global basis.”.

(2) CLERICAL AMENDMENT.—The table of contents for such subchapter is amended by adding at the end the following new item:

“2927. Global bulk fuel management and delivery.”.

(3) DEADLINE FOR DESIGNATION; NOTICE.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall—

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

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

(b) Global bulk fuel management strategy.—

(1) STRATEGY REQUIRED.—The commander of the combatant command designated under section 2927 of title 10, United States Code (as added by subsection (a)), shall prepare and submit to the congressional defense committees a strategy to develop the infrastructure and programs necessary to optimally support global bulk fuel management of the Department of Defense.

(2) ADDITIONAL ELEMENTS.—The strategy under paragraph (1) shall include the following additional elements:

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

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

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

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

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

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

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

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

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

(3) COORDINATION.—In preparing the strategy under paragraph (1), the commander of the combatant command specified in such paragraph shall coordinate with subject matter experts of the Joint Staff, the geographic combatant commands, the United States Transportation Command, the Defense Logistics Agency, and the military departments.

(c) Limitation on availability of funds for Defense Logistics Agency (Energy).—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Defense Logistics Agency (Energy), not more than 50 percent may be obligated or expended before the date on which the notice under subsection (a)(3)(B) is provided.

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

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

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

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

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

SEC. 343. Comptroller General annual reviews of F–35 sustainment efforts.

(a) Annual reviews and briefings.—Not later than March 1 of each year of 2022, 2023, 2024, and 2025, the Comptroller General of the United States shall—

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

(2) provide to the Committee on Armed Services of the House of Representatives a briefing on such review, including any findings of the Comptroller General as a result of such review.

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

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

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

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

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

(c) Reports.—Following the provision of each briefing under subsection (a)(2), at such time as is mutually agreed upon by the Committee on Armed Services of the House of Representatives and the Comptroller General, the Comptroller General shall submit to such committee a report on the matters covered by the briefing.

SEC. 344. Pilot program on biobased corrosion control and mitigation.

(a) Pilot program.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall commence a one-year pilot program to test and evaluate the use of covered biobased solutions as alternatives to current solutions for the control and mitigation of corrosion.

(b) Selection.—In carrying out the pilot program under subsection (a), the Secretary shall select for test and evaluation under the pilot program at least one existing covered biobased solution.

(c) Test and evaluation.—Following the test and evaluation of a covered biobased solution under the pilot program, the Secretary shall determine, based on such test and evaluation, whether the solution meets the following requirements:

(1) The solution is capable of being produced domestically.

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

(3) The solution reduces environmental exposures.

(d) Recommendations.—Upon termination of the pilot program under subsection (a), the Secretary shall develop recommendations for the Department of Defense-wide deployment of covered biobased solutions that the Secretary has determined meet the requirements under subsection (c).

(e) Covered biobased solution defined.—In this section, the term “covered biobased solution” means a solution for the control and mitigation of corrosion that is domestically produced, commercial, and biobased.

SEC. 345. Pilot program on digital optimization of organic industrial base maintenance and repair operations.

(a) In general.—Beginning not later than 180 days after the date of the enactment of this Act, The Secretary of the Defense shall initiate a pilot program under which the Secretary shall provide for the digitization of the facilities and operations of at least one covered depot.

(b) Elements of pilot program.—In carrying out the pilot program under this section, the Secretary shall provide for each of the following at the covered depot or depots at which the Secretary carries out the program:

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

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

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

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

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

(c) Report.—Not later than 60 days after the completion of the digital twin model and associated analysis, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. Such report shall include—

(1) a description of the efficiencies identified under the pilot program;

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

(3) the plan of the Secretary to undertake such investments; and

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

(d) Covered depot defined.—In this section, the term “covered depot” includes any depot covered under section 2476(e) of title 10, United States Code, except for the following:

(1) Portsmouth Naval Shipyard, Maine.

(2) Pearl Harbor Naval Shipyard, Hawaii.

(3) Puget Sound Naval Shipyard, Washington.

(4) Norfolk Naval Shipyard, Virginia.

SEC. 346. Pilot program on implementation of mitigating actions to address vulnerabilities to critical defense facilities and associated defense critical electric infrastructure.

(a) Two-year pilot authorized.—

(1) IN GENERAL.—The Secretary of Defense, in coordination with the Secretary of Energy, the Secretaries of each of the military departments, and the Secretary of the department in which the Coast Guard is operating, shall carry out a two-year pilot program under which the Secretary shall implement mitigating actions to address vulnerabilities assessed under section 215A of the Federal Power Act (16 U.S.C. 824o–1) at critical defense facilities and their associated defense critical electric infrastructure, after consultation with, and with the consent of, the owners of such facilities and infrastructure.

(2) USE OF GRANT AUTHORITY.—In carrying out the pilot program, the Secretary of Defense may make grants, enter into cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense to support mitigating actions under this section.

(b) Selection of installations.—The Secretary of Defense shall select at least three military installations designated as critical defense facilities at which to carry out the pilot program under this section. In selecting such installations, the Secretary shall—

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

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

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

(4) provide particular consideration for critical defense facilities and the associated defense critical electric infrastructure that use rural cooperatives or municipal entities for their electricity needs; and

(5) provide particular consideration for critical defense facilities and defense critical electric infrastructure that have completed an assessment of vulnerabilities and resilience requirements in coordination with the Secretary of Defense and the Secretary of Energy.

(1) IN GENERAL.—Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall—

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

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

(2) CONTENTS.—The review required under this subsection shall include an assessment of the effectiveness of the mitigating actions taken under the pilot program and the feasibility of expanding the implementation of such mitigating actions at other installations identified under section 215A(a)(4) of the Federal Power Act (16 U.S.C. 824o–1(a)(4)).

(d) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

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

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

(2) The term “defense critical electric infrastructure” has the meaning given such term under section 215A(a)(4) of the Federal Power Act (16 U.S.C. 824o–1(a)(4)).

(3) The term “critical defense facility” means a facility designated as a critical defense facility under section 215A(c) of the Federal Power Act (16 U.S.C. 824o–1(c)).

(4) The term “mitigating action” means any energy resiliency solution applied that is consistent with an assessed strategy to reduce vulnerabilities at critical defense facilities and associated defense critical electric infrastructure.

SEC. 347. Report and certification requirements regarding sustainment costs for F–35 aircraft program.

(a) Report.—Not later than March 1, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on sustainment costs for the F–35 aircraft program. Such report shall include the following:

(1) A detailed description and explanation of, and the actual cost data related to, sustainment costs for the F–35 aircraft program, including an identification and assessment of cost elements attributable to the Federal Government or to contractors (disaggregated by the entity responsible for each portion of the cost element, including at the prime contractor and major subcontractor levels) with respect to such sustainment costs.

(2) An identification of the affordability targets of the Air Force, Navy, and Marine Corps, respectively, for sustainment costs for the F–35 aircraft program (expressed in cost per tail per year format and disaggregated by aircraft variant) for the following years:

(A) With respect to the affordability target of the Air Force, for the year in which the Secretary of the Air Force completes the procurement of the program of record number of F–35 aircraft for the Air Force.

(B) With respect to the affordability target of the Navy, for the year in which the Secretary of the Navy completes the procurement of the program of record number of F–35 aircraft for the Navy; and

(C) With respect to the affordability target of the Marine Corps, for the year in which the Secretary of the Navy completes the procurement of the program of record number of F–35 aircraft for the Marine Corps.

(3) A detailed plan for the reduction of sustainment costs for the F–35 aircraft program to achieve the affordability targets specified in paragraph (2), including a plan for contractors to reduce their portion of such sustainment costs.

(4) An identification of sustainment cost metrics for the F–35 aircraft program for each of fiscal years 2022 through 2026, expressed in cost per tail per year format.

(b) Annual certification.—

(1) CERTIFICATIONS.—Not later than December 31 of each of the years 2022 through 2026, the Secretary of Defense shall submit to the congressional defense committees a certification indicating whether the F–35 aircraft program met the sustainment cost metrics identified pursuant to subsection (a)(4) with respect to the fiscal year for which the report is submitted.

(2) JUSTIFICATION.—If a certification under paragraph (1) indicates that the sustainment cost metrics for the respective year were not met, the Secretary shall submit to the congressional defense committees a detailed justification for the outcome.

(c) Limitation on certain contracts.—The Secretary of Defense may not enter into a performance-based logistics contract for the sustainment of the F–35 aircraft program until the Secretary submits to the congressional defense committees a certification that—

(1) the F–35 aircraft program has met the sustainment cost metrics identified pursuant to subsection (a)(4) for two consecutive fiscal years, as indicated by two consecutive certifications submitted under subsection (b)(1); and

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

(d) Cost per tail per year defined.—In this section, the term “cost per tail per year” means the average annual operating and support cost (as estimated pursuant to a formula determined by the Secretary) per aircraft.

subtitle D—Risk Mitigation and Safety Improvement

SEC. 351. Treatment of notice of presumed risk issued by Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions.

Subparagraph (B) of paragraph (2) of subsection (C) of section 183a of title 10, United States Code, is amended to read as follows:

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

SEC. 352. Establishment of Joint Safety Council.

(a) In general.—Chapter 7 of title 10, United States Code, is amended by inserting after section 183a the following new section:

“§ 184. Joint Safety Council

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

“(b) Composition; appointment; compensation.— (1) The Council shall include the following voting members:

“(A) The Vice Chief of Staff of the Army.

“(B) The Vice Chief of Staff of the Air Force.

“(C) The Vice Chief of Naval Operations.

“(D) The Assistant Commandant of the Marine Corps.

“(E) The Vice Chief of Space Operations.

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

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

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

“(2) The Council shall include the following non-voting members:

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

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

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

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

“(3) (A) Members of the Council serve at the will of the official who appointed them.

“(B) Vacancies on the Council shall be filled in the same manner as the original appointment.

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

“(c) Chair and vice chair.— (1) The Secretary of Defense, or the Secretary’s designee, shall select one of the members of the Council who is a member of the armed forces to serve as Chair of the Council. Unless earlier removed, the Chair shall serve for a term of two years. The Chair shall serve as the Director of Operational and Training Safety for the Department of Defense.

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

“(d) Staff.— (1) The Council may appoint staff in accordance with section 3101 of title 5.

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

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

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

“(g) Data collection.— (1) Under regulations issued by the Secretary of Defense, the Council shall have access to Department of Defense databases necessary to carry out its responsibilities, including causal factors to be used for mishap reduction purposes.

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

“(h) Meetings.—The Council shall meet quarterly and at the call of the Chair.

“(i) Duties.—The Council shall carry out the following responsibilities:

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

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

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

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

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

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

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

“(8) Reviewing the safety management system of each military department and the implementation of such systems.

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

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

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

“(j) Review.—The decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense.

“(k) Report.—The Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 183a the following new item:

“184. Joint Safety Council.”.

SEC. 353. Mishap Investigation Review Board.

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

(1) the size and composition of the Board;

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

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

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

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

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

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

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

SEC. 354. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents.

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

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

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

(b) Deadline for implementation.—

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

(2) EXCEPTION FOR IMPLEMENTATION OF CERTAIN RECOMMENDATIONS.—

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

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

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

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

(1) the Secretary of the Army, with respect to the Army; and

(2) the Secretary of the Navy, with respect to the Navy.

SEC. 355. Pilot program for tactical vehicle safety data collection.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall jointly carry out a pilot program to evaluate the feasibility of using data recorders to monitor, assess, and improve the readiness and safety of the operation of military tactical vehicles.

(b) Purposes.—The purposes of the pilot program are—

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

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

(3) to identify near-miss accidents;

(4) to create a standardized record source for accident investigations;

(5) to assess individual driver proficiency, risk, and readiness;

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

(7) to evaluate the feasibility of incorporating metrics generated from data recorders into the safety reporting systems and to the Defense Readiness Reporting System as a measure of assessing safety risks, mitigations, and readiness;

(8) to determine the costs and benefits of retrofitting data recorders on legacy platforms and including data recorders as a requirement in acquisition of military tactical vehicles; and

(9) any other matters as determined by the Secretary concerned.

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

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

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

(4) install and maintain a data recorder on a sufficient number of each of the covered military tactical vehicles under subsection (f) at selected installations for statistically significant results;

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

(6) regularly generate for each installation under the pilot program a dataset that is viewable in widely available mapping software of hazards and potential hazards based on telemetry data and event data captured by the data recorders;

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

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

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

(10) evaluate the feasibility of integrating data sets and statistics to improve driver certification and licensing based on data recorded and generated by the data recorders;

(11) use open architecture to the maximum extent practicable; and

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

(d) Implementation plan.—Not later than 180 days after the date of the enactment of this Act, the Secretaries shall develop a plan for implementing the pilot program required under this section.

(e) Locations.—Each Secretary concerned shall carry out the pilot program at not fewer than one military installation in the United States that meets the following conditions:

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

(2) Represents at a minimum one of the five training ranges identified in the study by the Comptroller General of the United States titled “Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents” that did not track unit location during the training events.

(f) Covered military tactical vehicles.—The pilot program shall cover the following military tactical vehicles:

(1) Army Strykers.

(2) Marine Corps Light Armored Vehicles.

(3) Army Medium Tactical Vehicles.

(4) Marine Corps Medium Tactical Vehicle Replacements.

(g) Metrics.—The Secretaries shall develop metrics to evaluate the pilot program’s effectiveness in monitoring, assessing, and improving vehicle safety, driver readiness, and mitigation of risk.

(h) Reports.—

(1) INITIAL.—Not later than 180 days after the date of the enactment of this Act under this section, the Secretaries shall jointly submit to the congressional defense committees a report on the pilot program, addressing the plan for implementing the requirements in subsection (c), including the established metrics under subsection (g).

(2) INTERIM.—Not later than three years after the commencement of the pilot program, the Secretaries shall jointly submit to the congressional defense committees a report on the status of the pilot program, including the preliminary results in carrying out the pilot program, the metrics generated during the pilot program, disaggregated by military tactical vehicle, location, and service, and the implementation plan under subsection (d).

(3) FINAL.—Not later than 90 days after the termination of the pilot program, the Secretaries shall jointly submit to the congressional defense committees a report on the results of the program. The report shall—

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

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

(C) include the views of range personnel, unit commanders, and members of the Armed Forces involved in the pilot program on the level of effectiveness of the technology selected;

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

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

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

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

(i) Termination.—The authority to carry out the pilot program under subsection (a) shall terminate five years after the date of the enactment of this Act.

(j) Definitions.—In this section:

(1) The term “accident” means a collision, rollover, or other mishap involving a motor vehicle.

(2) The term “data recorder ” means technologies installed in a motor vehicle to record driver identification, telemetry data, and event data related to the operation of such motor vehicle.

(3) The term “driver identification” means data enabling the unique identification of the driver operating the motor vehicle.

(4) The term “event data” includes data related to—

(A) the start and conclusion of each vehicle operation;

(B) a vehicle accident;

(D) a vehicle orientation with an increased potential for an accident.

(5) The term “Secretary concerned” means—

(A) the Secretary of the Army with respect to matters concerning the Army; and

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

(6) The term “telemetry data” includes—

(A) time;

(B) vehicle distance traveled;

(D) vehicle orientation, including roll, pitch, and yaw; and

(E) vehicle location in a geographic coordinate system, including elevation.

subtitle E—Reports

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

(a) In general.—Section 482(b) of title 10, United States Code, is amended—

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

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

“(11) Information regarding—

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

“(B) whether such function is within the scope of the skills required for the military occupational specialty of such member of the armed forces.”.

SEC. 362. Annual report on missing, lost, and stolen weapons, large amounts of ammunition, destructive devices, and explosive material.

(a) In general.—Section 2722 of title 10, United States Code, is amended—

(1) in the section heading, by striking “report to Secretary of the Treasury” and inserting “reporting requirements”;

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

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

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

“(c) Annual report.—Not later than December 31 each year, the Secretary shall submit to the congressional defense committees a report that includes, for the preceding year—

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

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

“(3) such other information the Secretary determines appropriate.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 161 of such title is amended by striking the item relating to section 2722 and inserting the following new item:

“2722. Theft or loss of ammunition, destructive devices, and explosives: reporting requirements.”.

SEC. 363. Annual report on material readiness of Navy ships.

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

(1) in paragraph (1)—

(A) by striking “submit to the” and inserting “provide to the”;

(B) by inserting “a briefing and submit to such committees” after “congressional defense committees”; and

(2) in paragraph (2)—

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

(B) by adding at the end the following new subparagraphs:

“(A) a classified form that shall be available only to the congressional defense committees; and

“(B) an unclassified form that is releasable to the public without further redaction”; and

(3) by striking paragraph (3).

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

(a) Five-year strategy.—

(1) STRATEGY REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall submit to the congressional defense committees a five-year strategy to support the efforts of the Secretaries concerned to identify individuals who have proficiency in a critical language and to recruit and retain such individuals in the special operations forces of Armed Forces.

(2) ELEMENTS.—The strategy under paragraph (1) shall include the following:

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

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

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

(D) A description of any training programs used to enhance or maintain foreign language proficiency within the special operations forces, including any non-governmental programs used.

(E) An annual plan (for each of the five years covered by the strategy) to enhance and maintain foreign language proficiency within the special operations forces of each Armed Force.

(F) An annual plan (for each of the five years covered by the strategy) to retain members of the special operation forces of each Armed Force who have proficiency in a foreign language.

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

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

(b) Annual report.—

(1) REPORTS REQUIRED.—Not later than December 31, 2022, and annually thereafter until December 31, 2027, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall submit to the congressional defense committees a report on the recruitment, training, and retention of members of the special operations forces who have proficiency in a critical language.

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

(A) The number of candidates with demonstrated proficiency in a critical language who have been selected for participation in the initial assessment and qualification programs of the special operations forces, disaggregated by Armed Force of which the special operations force is a component.

(B) A description of any variance between the number specified in subparagraph (A) and the recruitment target specified in the strategy under subsection (a)(2)(B) for the corresponding year, including a justification for any such variance.

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

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

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

(D) As compared to the total number of members of the special operations force of each Armed Force who are assigned to a unit with the primary mission of advising foreign militaries—

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

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

(E) As compared to the required baseline specified in the strategy under subsection (a)(2)(A), the percentage of members of the special operations force who have proficiency in a critical language, disaggregated by Armed Force and by critical language.

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

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

(2) The term “proficiency” means proficiency in a language, as assessed by the Defense Language Proficiency Test.

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

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

SEC. 365. Report and briefing on approach for certain properties affected by noise from military flight operations.

(a) Briefing.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the use and applicability of the Air Installations Compatible Use Zones program to support noise mitigation and insulation efforts for fixed wing aircraft, including any such efforts funded under grants from the Office of Local Defense Community Cooperation.

(b) Matters.—The briefing under subsection (a) shall include a discussion of the following:

(1) Changes to current practices regarding Air Installations Compatible Use Zones that are necessary to support noise mitigation and insulation efforts relating to existing covered facilities.

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

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

(4) Expected timelines for each military department to develop and update all Air Installations Compatible Use Zones studies to reflect current and reasonably foreseeable fixed wing activity.

(5) An approximate number of covered facilities anticipated to be within the 65 dB day–night average sound level for installations with existing Air Installations Compatible Use Zones studies, including such facilities specifically located in crash zones or accident potential zones.

(6) An assessment of the viability of making eligibility to receive funding for noise mitigation and insulation efforts contingent on the completion of certain measures to ensure compatibility of civilian land use activity with Air Installations Compatible Use Zones conclusions.

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

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

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

(c) Report.—Not later than one year after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the final outcome of the update process with respect to Air Installations Compatible Use Zones program. Such report shall include further details and analysis with respect to each matter specified in subsection (b).

(d) Definitions.—In this section:

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

(2) The term “covered facility” means any—

(A) private residence;

(B) hospital;

(D) school; or

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

SEC. 366. Study on use of military resources to transport certain individuals and effect on military readiness.

(a) Study.—The Secretary of Defense shall—

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

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

(b) Covered individual defined.—In this section, the term “covered individual” means an individual who has crossed the southern border of the United States without authorization.

subtitle F—Other Matters

SEC. 371. Budget justification for operation and maintenance.

(a) Subactivity group by future years.—Section 233 of title 10, United States Code, is amended—

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

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

“(c) Subactivity groups.—The Secretary of Defense, in consultation with the Secretary of each of the military departments, shall include in the materials submitted to Congress by the Secretary of Defense in support of the President’s budget, in an unclassified format, the total amount projected for each individual subactivity group, as detailed in the future years defense program pursuant to section 221 of this title.”.

(b) Budget submission display.—Section 233 of title 10, United States Code, is further amended by inserting after subsection (c), as added by subsection (a), the following new subsection:

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

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

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

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

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

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

(c) Implementation deadline.—The Secretary of Defense shall ensure that the budget display requirements required under the amendments made by this section are included in the budget request for fiscal year 2023 and all fiscal years thereafter.

(d) Conforming Repeal.—Section 357 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 221 note) is repealed.

SEC. 372. Improvements and clarifications related to military working dogs.

(a) Prohibition on charge for transfer of military animals.—Subsection (d) of section 2583 of title 10, United States Code, is amended by striking “may” and inserting “shall”.

(b) Inclusion of military working dogs in certain research and plans.—

(1) RESEARCH UNDER JOINT TRAUMA EDUCATION AND TRAINING DIRECTORATE.—Subsection (b) of section 708 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 note) is amended—

(A) in paragraph (7), by striking “of members of the Armed Forces” and inserting “with respect to both members of the Armed Forces and military working dogs”; and

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

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

(2) VETERINARIANS IN PERSONNEL MANAGEMENT PLAN.—Subsection (d)(1) of such section is amended—

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

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

“(F) Veterinary services.”.

SEC. 373. Management of fatigue among crew of naval surface ships and related improvements.

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

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

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

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

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

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

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

SEC. 374. Authority to establish Center of Excellence for radar systems and complementary workforce and education programs.

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

(b) Functions.—If the Secretary establishes the Center authorized under subsection (a), such Center shall be designed to further the expertise of the Department of Defense in the repair, sustainment, and support of radar systems, as identified by the Joint Radar Industrial Base Working Group and the Radar Supplier Resiliency Plan, by conducting the following activities, as appropriate:

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

(2) Establishing goals for research in areas of study relevant to advancing technology and facilitating better understanding of the necessity of radar systems in the growing development and reliance on automated and complex defense systems, including continuing education and training.

(3) Establishing at any institution of higher education with which the Secretary enters into an agreement under subsection (c) such activities as are necessary to develop and meet the requirements of the Department.

(4) Increasing communications with radar systems subject-matter experts in industry to learn and support state-of-the-art operational practices, especially studied future needs of the Department related to autonomous systems.

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

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

(d) Location.—If the Secretary establishes the Center authorized under subsection (a), in determining the location of the Center, the Secretary shall take into account the proximity to existing radar system facilities capable of efficiently facilitating partnership between the Department, industry, and an academic institution.

(e) Coordination.—Nothing in this section shall preclude the coordination or collaboration between any Center established under this section and any other established center of excellence.

(f) Institution of higher education defined.—The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

SEC. 375. Pilot program on military working dog and explosives detection canine health and excellence.

(a) Pilot program.—Not later than September 31, 2022, the Secretary of Defense shall carry out a pilot program to ensure the health and excellence of explosives detection military working dogs. Under such pilot program, the Secretary shall consult with domestic breeders of working dog lines, covered institutions of higher education, and covered national domestic canine associations, to—

(1) facilitate the presentation of domestically-bred explosives detection military working dogs for assessment for procurement by the Department of Defense, at a rate of at least 100 canines presented per fiscal year;

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

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

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

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

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

(b) Consultations.—In carrying out the pilot program under subsection (a), the Secretary may consult with the working group established pursuant to section 1927 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 6 U.S.C. 1116 note).

(d) Definitions.—In this section:

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

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

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

(e) Authorization of appropriations.—There is authorized to be appropriated $10,000,000 to carry out this section.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

subtitle A—Active Forces

SEC. 401. End strengths for active forces.

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

(1) The Army, 485,000.

(2) The Navy, 346,200.

(3) The Marine Corps, 178,500.

(4) The Air Force, 328,300.

(5) The Space Force, 8,400.

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

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

“(1) For the Army, 485,000.

“(2) For the Navy, 346,200.

“(3) For the Marine Corps, 178,500.

“(4) For the Air Force, 328,300.

“(5) For the Space Force, 8,400.”.

subtitle B—Reserve Forces

SEC. 411. End strengths for Selected Reserve.

(a) In general.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2022, as follows:

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

(2) The Army Reserve, 189,500.

(3) The Navy Reserve, 58,600.

(4) The Marine Corps Reserve, 36,800.

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

(6) The Air Force Reserve, 70,300.

(7) The Coast Guard Reserve, 7,000.

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

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

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

(c) End strength increases.—Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

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

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2022, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 30,845.

(2) The Army Reserve, 16,511.

(3) The Navy Reserve, 10,293.

(4) The Marine Corps Reserve, 2,386.

(5) The Air National Guard of the United States, 26,661.

(6) The Air Force Reserve, 6,003.

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

The minimum number of military technicians (dual status) as of the last day of fiscal year 2022 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1) For the Army National Guard of the United States, 22,294.

(2) For the Army Reserve, 6,492.

(3) For the Air National Guard of the United States, 9,885.

(4) For the Air Force Reserve, 7,111.

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

During fiscal year 2022, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1) The Army National Guard of the United States, 17,000.

(2) The Army Reserve, 13,000.

(3) The Navy Reserve, 6,200.

(4) The Marine Corps Reserve, 3,000.

(5) The Air National Guard of the United States, 16,000.

(6) The Air Force Reserve, 14,000.

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

Section 115(b)(2)(B) of title 10, United States Code, is amended by striking “1095 days in the previous 1460 days” and inserting “1825 days in the previous 2190 days”.

subtitle C—Authorization of Appropriations

SEC. 421. Military personnel.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.

(b) Construction of authorization.—The authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2022.

TITLE V—MILITARY PERSONNEL POLICY

subtitle A—Reserve Component Management

SEC. 501. Grade of certain chiefs of reserve components.

(a) In general.—

(1) CHIEF OF ARMY RESERVE.—Section 7038(b)(1) of title 10, United States Code, is amended by striking “general officers of the Army Reserve” and inserting “officers of the Army Reserve in the grade of lieutenant general and”.

(2) CHIEF OF NAVY RESERVE.—Section 8083(b)(1) of such title is amended by striking “flag officers of the Navy (as defined in section 8001(1))” and inserting “officers of the Navy Reserve in the grade of vice admiral and”.

(3) COMMANDER, MARINE FORCES RESERVE.—Section 8084(b)(1) of such title is amended by striking “general officers of the Marine Corps (as defined in section 8001(2))” and inserting “officers of the Marine Corps Reserve in the grade of lieutenant general and”.

(4) CHIEF OF AIR FORCE RESERVE.—Section 9038(b)(1) of such title is amended by striking “general officers of the Air Force Reserve” and inserting “officers of the Air Force Reserve in the grade of lieutenant general and”.

(b) Effective date.—The amendments made under subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act and shall apply to appointments made after such date.

SEC. 502. Grade of Vice Chief of the National Guard Bureau.

Section 10505 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(c) Grade.— (1) The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of general.

“(2) The Secretary of Defense shall designate, pursuant to subsection (b) of section 526 of this title, the position of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.”.

SEC. 503. Prohibition on private funding for interstate deployment of National Guard.

(a) Prohibition.—Chapter 3 of title 32, United States Code, is amended by adding at the end the following new section:

“§ 329. Prohibition on private funding for interstate deployment

“A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title, title 10, or State active duty) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).”.

(b) Technical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“329. Prohibition on private funding for interstate deployment. ”.

SEC. 504. Requirement of consent of the chief executive officer for certain full-time National Guard duty performed in a State, Territory, or the District of Columbia.

Section 502(f)(2)(A) of title 32, United States Code, is amended to read as follows:

“(A) Support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense, with the consent of—

“(i) the chief executive officer of each State (as that term is defined in section 901 of this title) in which such operations or missions shall take place; and

“(ii) if such operations or missions shall take place in the District of Columbia, the Mayor of the District of Columbia.”.

SEC. 505. Continued National Guard support for FireGuard program.

The Secretary of Defense shall continue to support the FireGuard program with National Guard personnel to aggregate, analyze, and assess multi-source remote sensing information for interagency partnerships in the initial detection and monitoring of wildfires until September 30, 2026. After such date, the Secretary may not reduce such support, or transfer responsibility for such support to an interagency partner, until 30 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives written notice of such proposed change, and reasons for such change.

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

(a) Study.—The Secretary of Defense, in consultation with the Chief of the National Guard Bureau and the Adjutants General, shall conduct a study to determine whether to reapportion the force structure of the National Guard based on wartime and domestic response requirements. The study under shall include the following elements:

(1) An assessment how domestic response missions affect recruitment and retention of qualified personnel, especially in States—

(A) with the lowest ratios of National Guard members to the general population; and

(B) that are most prone to natural disasters.

(2) An assessment how domestic response missions affect the ability of the National Guard of a State to ability to staff, equip, and ready a unit for its Federal missions.

(3) An comparison of the costs of a response to a domestic incident in a State with—

(A) units of the National Guard of such State; and

(B) units of the National Guards of other States pursuant to an emergency management assistance compact.

(4) Based on the recommendations in the 2021 report of the National Guard Bureau titled “Impact of U.S. Population Trends on National Guard Force Structure”, an assessment of—

(A) challenges to recruiting members of the National Guard and allocating mission sets to other geographic regions; and

(B) the ability to track and respond to domestic migration trends in order to establish a baseline for force structure requirements.

(5) In light of the limited authority of the President under section 104(c) of title 32, United States Code, an assessment of whether the number of members of the National Guard is sufficient to reapportion force structure to meet the requirements of domestic responses and shifting populations.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study under subsection (a).

(c) State defined.—In this section, the term “State” includes the various States and Territories, the Commonwealth of Puerto Rico, and the District of Columbia.

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

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the feasibility and advisability of including in the duty described in section 502(f)(1) of title 32, United States Code, training or other duty relating to cybersecurity operations or missions undertaken by the member's unit at the request of the Governor of the State concerned to protect critical infrastructure (as that term is defined in the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c)).

SEC. 508. Access to Tour of Duty system.

(a) Access.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall ensure, subject to paragraph (2), that a member of the reserve components of the Army may access the Tour of Duty system using a personal internet-enabled device.

(2) EXCEPTION.—The Secretary of the Army may restrict access to the Tour of Duty system on personal internet-enabled devices if the Secretary determines such restriction is necessary to ensure the security and integrity of information systems and data of the United States.

(b) Tour of Duty system defined.—In this Act, the term “Tour of Duty system” means the online system of listings for opportunities to serve on active duty for members of the reserve components of the Army and through which such a member may apply for such an opportunity, known as “Tour of Duty”, or any successor to such system.

subtitle B—General Service Authorities and Military Records

SEC. 511. Prohibition on commissioning or enlistment in the Armed Forces of an individual convicted of a felony hate crime.

(a) Prohibition.—Section 657 of title 10, United States Code, is amended—

(1) in the heading, by striking “sexual”; and

(2) in subsection (b), by adding at the end the following new paragraphs:

“(5) An offense under section 249 of title 18.

“(6) An offense under State or local law—

“(A) described in section 245(a)(1) of title 18; or

“(B) the elements of which are substantially similar to those of an offense under section 247 or 249 of title 18.”.

(b) Conforming amendment.—The table of sections at the beginning of chapter 37 of such title is amended by striking the item relating to section 657 and inserting the following:

“657. Prohibition on service in the armed forces by individuals convicted of certain offenses.”.

SEC. 512. Reduction in service commitment required for participation in career intermission program of a military department.

Section 710(c)(3) of title 10, United States Code, is amended by striking “two months” and inserting “one month”.

SEC. 513. Modernization of the Selective Service System.

(a) Reference.—Except as expressly provided otherwise, any reference in this section to a section or other provision shall be deemed to be a reference to that section or other provision of the Military Selective Service Act (50 U.S.C. 3801 et seq.).

(b) Purpose of selective service.—Section 1(b) (50 U.S.C. 3801(b)) is amended—

(1) by striking “armed strength” and inserting “military strength”;

(2) by striking “insure” and inserting “ensure”; and

(3) by inserting before the period at the end the following: “by ensuring adequate personnel with the requisite capabilities to meet the mobilization needs of the Department of Defense during a national emergency and not solely to provide combat replacements”.

“(c) Regulations prescribed pursuant to subsection (a) shall include methods to convey to every person required to register the solemn obligation for military service in the event of a military draft.”.

(d) Expanded registration to all Americans.—

(1) Section 3(a) (50 U.S.C. 3802(a)) is amended—

(A) by striking “male citizen” and inserting “citizen”;

(B) by striking “male person” and inserting “person”;

(D) by striking “so long as he” and inserting “so long as such alien”.

(2) Section 4(e) (50 U.S.C. 3803(e)) is amended by striking “enlisted men” and inserting “enlisted persons”.

(3) Section 5 (50 U.S.C. 3805) is amended—

(A) in subsection (a)(1)—

(i) by striking “race or color” and inserting “race, color, sex, or gender”; and

(ii) by striking “call for men” and inserting “call for persons”; and

(B) in subsection (b), by striking “men” each place it appears and inserting “persons”.

(4) Section 6 (50 U.S.C. 3806) is amended—

(A) in subsection (a)(1)—

(i) by striking “enlisted men” and inserting “enlisted persons”; and

(ii) by striking “accrue to him” and inserting “accrue to such alien”; and

(B) in subsection (h)—

(i) by striking “(other than wives alone, except in cases of extreme hardship)”; and

(ii) by striking “wives and children” and inserting “spouses and children”.

(5) Section 10(b)(3) (50 U.S.C. 3809(b)(3)) is amended—

(A) by striking “the President is requested” and all that follows through “within its jurisdiction” and inserting “the President is requested to appoint the membership of each local board so that each board has both male and female members and, to the maximum extent practicable, it is proportionately representative of the race, national origin, and sex of those registrants within its jurisdiction”; and

(B) by striking “race or national origin” and inserting “race, sex, or national origin”.

(6) Section 16(a) (50 U.S.C. 3814(a)) is amended by striking “men” and inserting “persons”.

(e) Maintaining the health of the Selective Service System.—Section 10(a) (50 U.S.C. 3809(a)) is amended by adding at the end the following new paragraph:

“(5) The Selective Service System shall conduct exercises periodically of all mobilization plans, systems, and processes to evaluate and test the effectiveness of such plans, systems, and processes. Once every 4 years, the exercise shall include the full range of internal and interagency procedures to ensure functionality and interoperability and may take place as part of the Department of Defense mobilization exercise under section 10208 of title 10, United States Code. The Selective Service System shall conduct a public awareness campaign in conjunction with each exercise to communicate the purpose of the exercise to the public.”.

(f) Due process for failure To register.—

(1) Section 12 (50 U.S.C. 3811) is amended—

(A) in subsection (f)—

(i) in paragraph (2), by inserting before the period at the end “or proof of registration in accordance with subsection (g)”;

(ii) in paragraph (3)—

(I) in the first sentence, by striking “compliance” and inserting “compliance or proof of registration”; and

(II) in the second sentence, by inserting before the period at the end “or proof of registration”; and

(iii) in paragraph (4), in the second sentence—

(I) by striking “thereunder” and inserting “thereunder, or failure to provide proof of registration in accordance with subsection (g),”; and

(II) by inserting before the period at the end “or has registered in accordance with subsection (g)”; and

(B) in subsection (g)—

(i) in paragraph (1), by striking “; and” and inserting “and the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register; or”; and

(ii) by amending paragraph (2) to read as follows:

“(2) the person was provided notice of the person’s failure to register and the person registered within 30 days with the Selective Service System, regardless of the person’s age at the time of registration.”.

(g) Technical and conforming amendments.—The Military Selective Service Act is amended—

(1) in section 4 (50 U.S.C. 3803)—

(A) in subsection (a) in the third undesignated paragraph—

(i) by striking “his acceptability in all respects, including his” and inserting “such person’s acceptability in all respects, including such person's”; and

(ii) by striking “he may prescribe” and inserting “the President may prescribe”;

(B) in subsection (c)—

(i) in paragraph (2), by striking “any enlisted member” and inserting “any person who is an enlisted member”; and

(ii) in paragraphs (3), (4), and (5), by striking “in which he resides” and inserting “in which such person resides”;

(D) in subsection (k)(1), by striking “finding by him” and inserting “finding by the President”;

(2) in section 5(d) (50 U.S.C. 3805(d)), by striking “he may prescribe” and inserting “the President may prescribe”;

(3) in section 6 (50 U.S.C. 3806)—

(A) in subsection (c)(2)(D), by striking “he may prescribe” and inserting “the President may prescribe”;

(B) in subsection (d)(3), by striking “he may deem appropriate” and inserting “the President considers appropriate”; and

(4) in section 10 (50 U.S.C. 3809)—

(A) in subsection (b)—

(i) in paragraph (3)—

(I) by striking “He shall create” and inserting “The President shall create”; and

(II) by striking “upon his own motion” and inserting “upon the President’s own motion”;

(ii) in paragraph (4), by striking “his status” and inserting “such individual’s status”; and

(iii) in paragraphs (4), (6), (8), and (9), by striking “he may deem” each place it appears and inserting “the President considers”; and

(B) in subsection (c), by striking “vested in him” and inserting “vested in the President”;

(5) in section 13(b) (50 U.S.C. 3812(b)), by striking “regulation if he” and inserting “regulation if the President”;

(6) in section 15 (50 U.S.C. 3813)—

(A) in subsection (b), by striking “his” each place it appears and inserting “the registrant’s”; and

(B) in subsection (d), by striking “he may deem” and inserting “the President considers”;

(7) in section (16)(g) (50 U.S.C. 3814(g))—

(A) in paragraph (1), by striking “who as his regular and customary vocation” and inserting “who, as such person’s regular and customary vocation,”; and

(B) in paragraph (2)—

(i) by striking “one who as his customary vocation” and inserting “a person who, as such person’s customary vocation,”; and

(ii) by striking “he is a member” and inserting “such person is a member”;

(8) in section (18)(a) (50 U.S.C. 3816(a)), by striking “he is authorized” and inserting “the President is authorized”;

(9) in section 21 (50 U.S.C. 3819)—

(A) by striking “he is sooner” and inserting “sooner”;

(B) by striking “he” each subsequent place it appears and inserting “such member”; and

(10) in section 22(b) (50 U.S.C. 38290(b)), in paragraphs (1) and (2), by striking “his” each place it appears and inserting “the registrant’s”; and

(11) except as otherwise provided in this section—

(A) by striking “he” each place it appears and inserting “such person”;

(B) by striking “his” each place it appears and inserting “such person’s”;

(D) by striking “present himself” each place it appears in section 12 (50 U.S.C. 3811) and inserting “appear”.

(h) Conforming amendments to other laws.—

(1) Section 3328 of title 5, United States Code, is amended by striking subsection (a) and inserting the following:

“(a) An individual who was required to register under section 3 of the Military Selective Service Act (50 U.S.C. 3803) but failed to meet the registration requirements of section 3 of that Act shall be ineligible for appointment to a position in an Executive agency, unless—

“(1) the requirement for the person to so register has terminated or become inapplicable to the person and the person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register; or

(2) Section 484(n) of the Higher Education Act of 1965 (20 U.S.C. 1091(n)) is amended by striking “(50 U.S.C. App. 462(f))” and inserting “(50 U.S.C. 3811(f))”.

(i) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act, except that the amendments made by subsections (d) and (h)(1) shall take effect one year after such date of enactment.

SEC. 514. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments.

(a) In general.—Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall take the following steps regarding military accessions in each Armed Force under the jurisdiction of such Secretary:

(1) Assess the prescribed medical standards for appointment as an officer, or enlistment as a member, in such Armed Force.

(2) Determine how to update the medical screening processes for appointment or enlistment.

(3) Determine how to standardize operations across the military entrance processing stations.

(4) Determine how to improve aptitude testing methods and standardized testing requirements.

(5) Implement improvements determined or identified under paragraphs (1) through (4).

(b) Report.—Not later than one year after the date of the enactment of this Act, each Secretary shall submit to the appropriate congressional committees a report containing the results of carrying out this section and recommendations regarding legislation the Secretary determines necessary to improve such military accessions.

(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) The Committee on Armed Services of the House of Representatives.

(2) The Committee on Armed Services of the Senate.

(3) The Committee on Transportation and Infrastructure of the House of Representatives.

(4) The Committee on Commerce, Science, and Transportation of the Senate.

SEC. 515. Authorization of permissive temporary duty for wellness.

In order to reduce the rate of suicides in the Armed Forces, the Secretary of each military department shall prescribe regulations that authorize a member of an Armed Force under the jurisdiction of such Secretary to take not more than two weeks of permissive temporary duty each year to attend a seminar, retreat, workshop, or outdoor recreational therapy event—

(a) hosted by a non-profit organization; and

(b) that focuses on psychological, physical, spiritual, or social wellness.

SEC. 516. Required staffing of administrative separation boards.

(a) In general.—The Secretary of the military department concerned shall ensure that any administrative separation board under the jurisdiction of such Secretary has assigned to it the following:

(1) A nonvoting legal advisor who shall be responsible for providing legal advice to the President of the board on—

(A) the operations and procedures of the board; and

(B) matters under consideration by the board.

(2) A nonvoting recorder who shall be responsible for representing the separation authority in the in the proceedings before the board.

(b) Selection and supervision.—

(1) IN GENERAL.—The nonvoting legal advisor referred to in subsection (a)(1) and the recorder referred to in subsection (a)(2) shall each be selected by the staff judge advocate and each shall serve under the supervision of such staff judge advocate.

(2) CERTIFICATION.—The staff judge advocate who selects the recorder under paragraph (1) shall include in the record of the proceedings of the board a written certification affirming that the recorder has the legal skills necessary to competently fulfill the duties of that position.

SEC. 517. Administrative separation: miscellaneous authorities and requirements.

Not later than one year after the date of the enactment of this Act, the Secretary of Defense and each Secretary of a military department shall prescribe regulations and guidance for administrative separations of enlisted members under the jurisdiction of such Secretary that—

(1) authorize the Secretary of the military department concerned to characterize an administrative discharge, considered by an administrative separation board under regulations prescribed by such Secretary—

(A) under any conditions (including other than honorable); and

(B) notwithstanding the recommendation of such administrative separation board; and

(2) in the case of an administrative separation on the basis of an offense by the member against an individual, allow such individual to request that at least one voting member of the administrative separation board be of the same gender, race, or ethnicity of such individual.

SEC. 518. Prohibition on algorithmic career termination.

No funds authorized to be appropriated by this Act may be used to subject a member of the Armed Forces under the jurisdiction of a Secretary of a military department to discipline of any kind solely based on the output of an automated algorithmic, mathematical, or other analytic tool used in the evaluation of publicly available social media posts or other publicly available online activity attributable to such member, unless the Secretary concerned determines an imminent threat of physical violence exists.

SEC. 519. Prohibition on discipline against a member based on certain social media.

No funds authorized to be appropriated by this Act may be used to subject a member of the Armed Forces under the jurisdiction of a Secretary of a military department to discipline of any kind solely based on a comment, post, or other activity originating from a third party regarding a political matter on an online account, forum, or other electronic means owned, controlled, or operated by the member.

SEC. 519A. Command oversight of military privatized housing as element of performance evaluations.

(a) Evaluations in general.—Each Secretary of a military department shall ensure that the performance evaluations of any individual described in subsection (b) under the jurisdiction of such Secretary indicates the extent to which such individual has or has not exercised effective oversight and leadership in the following:

(1) Improving conditions of privatized housing under subchapter IV of chapter 169 of title 10, United States Code.

(2) Addressing concerns with respect to such housing of members of the Armed Forces and their families who reside in such housing on an installation of the military department concerned.

(b) Covered individuals.—The individuals described in this subsection are as follows:

(1) The commander of an installation of a military department at which on-installation housing is managed by a landlord of privatized housing under subchapter IV of chapter 169 of title 10, United States Code.

(2) Each officer or senior enlisted member of the Armed Forces at an installation described in paragraph (1) whose duties include facilities or housing management at such installation.

(3) Any other officer or enlisted member of the Armed Forces (whether or not at an installation described in paragraph (1)) as specified by the Secretary of the military department concerned for purposes of this section.

SEC. 519B. Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States.

(a) Study; report.—Not later than September 30, 2022, the Secretary of Defense shall—

(1) conduct a feasibility study regarding the establishment of a standard record of housing history for members of the Armed Forces who reside in covered housing; and

(2) submit to the appropriate congressional committees a report on the results of such study.

(b) Contents.—A record described in subsection (a) includes, with regards to each period during which the member concerned resided in covered housing, the following:

(1) The assessment of the commander of the military installation in which such housing is located, of the condition of such covered housing—

(A) prior to the beginning of such period; and

(B) in which the member concerned left such covered housing upon vacating such covered housing.

(2) Contact information a housing provider may use to inquire about such a record.

(c) Online access.—A record described in subsection (a) would be accessible through a website, maintained by the Secretary of the military department concerned, through which a member of the Armed Forces under the jurisdiction of such Secretary may access such record of such member.

(d) Issuance.—The Secretary concerned would issue a copy of a described in subsection (a) to the member concerned upon the separation, retirement, discharge, or dismissal of such member from the Armed Forces, with the DD Form 214 for such member.

(e) Definitions.—In this section:

(1) The term “appropriate congressional committees” means the following:

(A) The Committee on Armed Services of the House of Representatives.

(B) The Committee on Armed Services of the Senate.

(D) The Committee on Commerce, Science, and Transportation of the Senate.

(2) The term “covered housing” means housing provided by the United States to a member of the Armed Forces.

SEC. 519C. Seaman to Admiral-21 program: credit towards retirement.

(a) Credit.—For each participant in the Seaman to Admiral-21 program during fiscal years 2010 through 2014 for whom the Secretary of the Navy cannot find evidence of an acknowledgment that, before entering a baccalaureate degree program, service during the baccalaureate degree program would not be included when computing years of service for retirement, the Secretary shall include service during the baccalaureate degree program when computing—

(1) years of service; and

(2) retired or retainer pay.

(b) Report required.—The Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the number of participants credited with service under subsection (a).

(c) Deadline.—The Secretary shall carry out this section not later than 180 days after the date of the enactment of this Act.

SEC. 519D. Progress report on implementation of GAO recommendations regarding career paths for surface warfare officers of the Navy.

(a) Progress report.—Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a progress report on implementation of the recommendations for executive action in the report of the Government Accountability Office titled “Navy Readiness: Actions Needed to Evaluate and Improve Surface Warfare Officer Career Path” (GAO–21–168). The report shall include the following:

(1) Actions taken to develop plans to improve retention of SWOs, with a focus on retention of female SWOs, including specific goals, performance measures, and timelines.

(2) Actions taken to analyze relevant logbook data for trends between the number of SWOs aboard ships and competition for limited training opportunities.

(3) Actions taken to analyze the extent to which commissioning practices affect training opportunities for SWOs.

(4) Actions taken to reevaluate the need for nuclear-trained SWOs, assess the effects of the current training approach, and make any related adjustments to the respective career path.

(5) Actions taken to establish and implement regular evaluations of the effectiveness of the current career path, training, and policies for SWOs, in successfully developing and retaining proficient SWOs. The initial evaluation shall include—

(A) a comparison of such effectiveness against that of other positions in the Navy, and against comparable positions in other navies and maritime communities; and

(B) input from SWOs at all grades.

(6) Actions taken to implement—

(A) workforce strategies;

(B) changes to the career path for SWOs, training, and policies; and

(C) the implementation of pilot programs to evaluate potential changes that address the results of such initial evaluation.

(b) SWO defined.—In this section, the term “SWO” means “surface warfare officer”.

SEC. 519E. Independent assessment of retention of female surface warfare officers.

(a) In general.—The Secretary of Defense shall seek to enter into an agreement with a nonprofit entity or a federally funded research and development center independent of the Department of Defense to conduct research and analysis on the gender gap in retention of surface warfare officers in the Navy.

(b) Elements.—The research and analysis conducted under subsection (a) shall include consideration of the following:

(1) Demographics of surface warfare officers, disaggregated by gender, including—

(A) race;

(B) ethnicity;

(D) marital status (including whether the spouse is a member of the Armed Forces and, if so, the length of service of such spouse);

(E) whether the officer has children (including number and age or ages of children);

(F) whether an immediate family member serves or has served as a member of the Armed Forces; and

(G) the percentage of such officers who—

(i) indicate an intent to complete only an initial service agreement; and

(ii) complete only an initial service agreement.

(2) Whether there is a correlation between the number of female surface warfare officers serving on a vessel and responses of such officers to command climate surveys.

(3) An anonymous but traceable study of command climate results to—

(A) correlate responses from particular female surface warfare officers with resignation; and

(B) compare attitudes of first-tour and second-tour female surface warfare officers.

(4) Recommendations based on the findings under paragraphs (1), (2), and (3).

(1) IN GENERAL.—Not later than 270 days after the date on which a nonprofit entity or federally funded research and development center enters into an agreement under subsection (a) with the Secretary of Defense, such entity or center shall submit to the Secretary of Defense a report on the results of the research and analysis under subsection (a).

(2) SUBMISSION TO CONGRESS.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees each of the following:

(A) A copy of the report submitted under paragraph (1) without change.

(B) Any comments, changes, recommendations, or other information provided by the Secretary of Defense relating to the research and analysis under subsection (a) and contained in such report.

subtitle C—Military Justice and Other Legal Matters

SEC. 521. Rights of the victim of an offense under the Uniform Code of Military Justice.

(a) In general.—Section 806b(a) of title 10, United States Code (article 6b(a) of the Uniform Code of Military Justice) is amended—

(1) by redesignating paragraph (8) as paragraph (9); and

(2) by inserting after paragraph (7) the following new paragraph:

“(8) The right to be informed in a timely manner of any pre-trial agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize another law enforcement proceeding or would violate the privacy concerns of an individual other than the accused.”.

(b) Policy on information provided to victims.—

(1) UNIFORM POLICY REQUIRED.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Department in which the Coast Guard is operating, shall establish a uniform policy for the sharing of the following information relating to the victim of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), with a Special Victims’ Counsel or Victims’ Legal Counsel representing such victim:

(A) Any recorded statements of the victim to investigators.

(B) The record of any forensic examination of the person or property of the victim, including the record of any sexual assault forensic exam of the victim that is in possession of investigators or the Government.

(2) EXCEPTION FOR WITHHOLDING OF INFORMATION IN CERTAIN CIRCUMSTANCES.—The policy under paragraph (1) may set forth circumstances in which the information specified in such paragraph may be withheld for the purpose of protecting the integrity of an investigation or criminal proceeding.

SEC. 522. Commanding officer's non-judicial punishment.

(a) In general.—Section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), is amended—

(1) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively;

(2) by inserting after subsection (b), the following new subsection:

“(c) (1) Except as provided in paragraphs (2) and (3), a commanding officer may not impose a punishment authorized in subsection (b) unless, before the imposition of such punishment, the commanding officer—

“(A) requests and receives legal guidance regarding the imposition of such punishment from a judge advocate or other legal officer of the armed force of which the commanding officer is a member; and

“(B) provides the member who may be subject to such punishment with an opportunity to consult appropriate legal counsel.

“(2) Paragraph (1) shall not apply to the punishments specified in subparagraphs (E) and (F) of subsection (b)(2).

“(3) A commanding officer may waive the requirements set forth in subparagraphs (A) and (B) of paragraph (1), on a case by case basis, if the commanding officer determines such a waiver is necessary in the national security interests of the United States.”; and

(3) in subsection (f), as so redesignated, by striking “subsection (d)” and inserting “subsection (e)”.

(b) Effective date and applicability.—The amendments made by subsection (a) shall take effect 180 days after the date of the enactment of this Act and shall apply with respect to punishments imposed under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), on or after such effective date.

(c) Additional guidance required.—Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall prescribe regulations or issue other written guidance with respect to non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice) that—

(1) (A) identifies criteria to be considered when determining whether a member of the armed forces is attached to or embarked in a vessel for the purposes of determining whether such member may demand trial by court-martial in lieu of punishment under such section (article); and

(B) establishes a policy about the appropriate and responsible invocation of such exception; and

(2) establishes criteria commanders must consider when evaluating whether to issue a waiver under subsection (c)(3) of such section (article) (as added by subsection (a) of this section) on the basis of the national security interests of the United States.

SEC. 523. Selection process for members to serve on courts-martial.

Section 825(e) of title 10, United States Code (article 25(e) of the Uniform Code of Military Justice), is amended—

(1) by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (4), and (5), respectively;

(2) by inserting before paragraph (3), as so redesignated, the following new paragraphs: “(1) When convening a court-martial, the convening authority shall detail as members thereof members of the armed forces under such regulations as the President may prescribe for the randomized selection of qualified personnel available to the convening authority for detail.

“(2) The randomized selection process developed and implemented under paragraph (1) may include parameter controls that—

“(A) allow for exclusions based on scheduling availability;

“(B) allow for controls based on military rank; and

“(C) allow for controls to promote gender, racial, and ethnic diversity and inclusion.”; and

(3) in paragraph (4), as so redesignated, by—

(A) striking the first sentence; and

(B) striking “when he is” and inserting “when the member is”.

SEC. 524. Petition for DNA testing under the Uniform Code of Military Justice.

(a) In general.—Subchapter IX of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 873 (article 73) the following new section (article):

“§ 873a. Art. 73a. Petition for DNA testing

“(a) In general.—Upon a written petition by an accused sentenced to imprisonment or death pursuant to a conviction under this chapter (referred to in this section as the ‘applicant’), the Judge Advocate General shall order DNA testing of specific evidence if the Judge Advocate General finds that all of the following apply:

“(1) The applicant asserts, under penalty of perjury, that the applicant is actually innocent of the offense for which the applicant is sentenced to imprisonment or death.

“(2) The specific evidence to be tested was secured in relation to the investigation or prosecution of the offense referenced in the applicant’s assertion under paragraph (1).

“(3) The specific evidence to be tested—

“(A) was not previously subjected to DNA testing and the applicant did not knowingly fail to request DNA testing of that evidence in a prior motion for postconviction DNA testing; or

“(B) was previously subjected to DNA testing and the applicant is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing.

“(4) The specific evidence to be tested is in the possession of the Government and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing.

“(5) The proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices.

“(6) The applicant identifies a theory of defense that—

“(A) is not inconsistent with an affirmative defense presented at trial; and

“(B) would establish the actual innocence of the applicant of the offense referenced in the applicant’s assertion under paragraph (1).

“(7) If the applicant was convicted following a trial, the identity of the perpetrator was at issue in the trial.

“(8) The proposed DNA testing of the specific evidence may produce new material evidence that would—

“(A) support the theory of defense referenced in paragraph (6); and

“(B) raise a reasonable probability that the applicant did not commit the offense.

“(9) The applicant certifies that the applicant will provide a DNA sample for purposes of comparison.

“(10) The petition is made in a timely fashion, subject to the following conditions:

“(A) There shall be a rebuttable presumption of timeliness if the petition is made within five years of the enactment of the National Defense Authorization Act for Fiscal Year 2022 or within three years after the date of the entry of judgment under section 860c of this title (article 60c), whichever comes later. Such presumption may be rebutted upon a showing—

“(i) that the applicant’s petition for a DNA test is based solely upon information used in a previously denied motion; or

“(ii) of clear and convincing evidence that the applicant’s filing is done solely to cause delay or harass.

“(B) There shall be a rebuttable presumption against timeliness for any petition not satisfying subparagraph (A) above. Such presumption may be rebutted upon the Judge Advocate General’s finding—

“(i) that the applicant was or is incompetent and such incompetence substantially contributed to the delay in the applicant’s motion for a DNA test;

“(ii) the evidence to be tested is newly discovered DNA evidence;

“(iii) that the applicant’s petition is not based solely upon the applicant’s own assertion of innocence and, after considering all relevant facts and circumstances surrounding the petition, a denial would result in a manifest injustice; or

“(iv) upon good cause shown.

“(C) For purposes of this paragraph—

“(i) the term ‘incompetence’ has the meaning given that term in section 876b of this chapter (article 76b);

“(ii) the term ‘manifest’ means that which is unmistakable, clear, plain, or indisputable and requires that the opposite conclusion be clearly evident.

“(b) Appeal of denial.— The applicant may appeal the Judge Advocate General’s denial of the petition of DNA testing to the Court of Appeals for the Armed Forces.

“(c) Evidence inventory; preservation order; appointment of counsel.—

“(1) INVENTORY.—The Judge Advocate General shall order the preparation of an inventory of the evidence related to the case for which a petition is made under subsection (a), which shall be provided to the applicant.

“(2) PRESERVATION ORDER.—To the extent necessary to carry out proceedings under this section, the Judge Advocate General shall direct the preservation of the specific evidence relating to a petition under subsection (a).

“(3) APPOINTMENT OF COUNSEL.—The applicant shall be eligible for representation by appellate defense counsel under section 870 of this chapter (article 70).

“(d) Testing costs.—The costs of any DNA testing ordered under this section shall be paid by the Government.

“(e) Time limitation in capital cases.—In any case in which the applicant is sentenced to death—

“(1) any DNA testing ordered under this section shall be completed not later than 60 days after the date on which the test is ordered by the Judge Advocate General; and

“(2) not later than 120 days after the date on which the DNA testing ordered under this section is completed, the Judge Advocate General shall order any post-testing procedures under subsection (f) or (g), as appropriate.

“(f) Disclosure of test results.—Reporting of test results shall be simultaneously disclosed to the Government and the applicant.

“(g) Post-testing procedures; inconclusive and inculpatory results.—

“(1) INCONCLUSIVE RESULTS.—If DNA test results obtained under this section are inconclusive, the Judge Advocate General may order further testing, if appropriate, or may deny the applicant relief.

“(2) INCULPATORY RESULTS.—If DNA test results obtained under this section show that the applicant was the source of the DNA evidence, the Judge Advocate General shall—

“(A) deny the applicant relief; and

“(B) if the DNA test results relate to a State offense, forward the finding to any appropriate State official.

“(h) Post-testing procedures; motion for new trial or resentencing.—

“(1) IN GENERAL.—Notwithstanding any provision of law that would bar a motion under this paragraph as untimely, if DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, the applicant may file a petition for a new trial or resentencing, as appropriate.

“(2) STANDARD FOR GRANTING MOTION FOR NEW TRIAL OR RESENTENCING.—The applicant’s petition for a new trial or resentencing, as appropriate, shall be granted if the DNA test results, when considered with all other evidence in the case (regardless of whether such evidence was introduced at trial), establish by compelling evidence that a new trial would result in the acquittal of the applicant.

“(i) Relationship to other laws.—

“(1) POST-CONVICTION RELIEF.—Nothing in this section shall affect the circumstances under which a person may obtain DNA testing or post-conviction relief under any other provision of law.

“(2) HABEAS CORPUS.—Nothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding.”.

(b) Clerical amendment.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 873 (article 73) the following new item:

“873a. 73a. Petition for DNA testing.”.

SEC. 525. Punitive article on violent extremism.

(a) Violent extremism.—

(1) IN GENERAL.—Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 916 (article 116 of the Uniform Code of Military Justice) the following new section (article):

“§ 916a. Art. 116a. violent extremism

“(a) Prohibition.—Any person subject to this chapter who—

“(1) knowingly commits a covered offense against—

“(A) the Government of the United States; or

“(B) any person or class of people;

“(2) (A) with the intent to intimidate or coerce any person or class of people; or

“(B) with the intent to influence, affect, or retaliate against the policy or conduct of the Government of the United States or any State; and

“(3) does so—

“(A) to achieve political, ideological, religious, social, or economic goals; or

“(B) in the case of an act against a person or class of people, for reasons relating to the race, religion, color, ethnicity, sex, age, disability status, national origin, sexual orientation, or gender identity of the person or class of people concerned;

is guilty of violent extremism and shall be punished as a court-martial may direct.

“(b) Attempts, solicitation, and conspiracy.—Any person who attempts, solicits, or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.

“(c) Definitions.—In this section:

“(1) COVERED OFFENSE.—The term ‘covered offense’ means—

“(A) loss, damage, destruction, or wrongful disposition of military property of the United States, in violation of section 908 of this title (article 108);

“(B) waste, spoilage, or destruction of property other than military property of the United States, in violation of section 909 of this title (article 109);

“(C) communicating threats, in violation of section 915 of this title (article 115);

“(D) riot or breach of peace, in violation of section 916 of this title (article 116);

“(E) provoking speech or gestures, in violation of section 917 of this title (article 117);

“(F) murder, in violation of section 918 of this title (article 118);

“(G) manslaughter, in violation of section 919 of this title (article 119);

“(H) larceny or wrongful appropriation, in violation of section 921 of this title (article 121);

“(I) robbery, in violation of section 922 of this title (article 122);

“(J) kidnapping, in violation of section 925 of this title (article 125);

“(K) assault, in violation of section 928 of this title (article 128);

“(L) conspiracy to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 881 of this title (article 81);

“(M) solicitation to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 882 of this title (article 82); or

“(N) an attempt to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 880 of this title (article 80).

“(2) STATE.—The term ‘State’ includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other possession or territory of the United States.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 916 (article 116) the following new item:

“916a. 116a. Violent extremism.”.

(b) Effective date.—The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to offenses committed on or after such date.

SEC. 526. Clarifications of procedure in investigations of personnel actions taken against members of the Armed Forces in retaliation for protected communications.

(a) In general.—Subparagraphs (D) and (E) of paragraph (4) of section 1034(c) of title 10, United States Code, are amended to read as follows:

“(D) (i) Upon determining that an investigation of an allegation under paragraph (1) is warranted, the Inspector General making the determination shall expeditiously investigate the allegation to determine whether the protected communication or activity under subsection (b) was a contributing factor in the personnel action prohibited under subsection (b) that was taken or withheld (or threatened to be taken or withheld) against a member of the armed forces.

“(ii) In the case of a determination made by the Inspector General of the Department of Defense, that Inspector General may delegate responsibility for the investigation to an appropriate Inspector General of a military department.

“(iii) The member alleging the prohibited personnel action may use circumstantial evidence to demonstrate that the protected communication or activity under subsection (b) was a contributing factor in the personnel action prohibited under subsection (b). Such circumstantial evidence may include that the person taking such prohibited personnel action knew of the protected communication or activity, and that the prohibited personnel action occurred within a period of time such that a reasonable person could conclude that the communication or protected activity was a contributing factor in the personnel action.

“(iv) If the Inspector General determines it likelier than not that the member made a communication or participated in an activity protected under subsection (b) that was a contributing factor in a personnel action described in such subsection, the Inspector General shall presume such personnel action to be prohibited under such subsection unless the Inspector General determines there is clear and convincing evidence that the same personnel action would have occurred in the absence of such protected communication or activity.

“(E) If the Inspector General preliminarily determines in an investigation under subparagraph (D) that a personnel action prohibited under subsection (b) has occurred and that such personnel action shall result in an immediate hardship to the member alleging the personnel action, the Inspector General shall promptly notify the Secretary of the military department concerned or the Secretary of Homeland Security, as applicable, of the hardship, and such Secretary shall take such action as such Secretary determines appropriate.”.

(b) Technical amendments.—Such paragraph is further amended in subparagraphs (A) and (B) by striking “subsection (h)” both places it appears and inserting “subsection (i)”.

SEC. 527. Activities to improve family violence prevention and response.

(a) Delegation of authority to authorize exceptional eligibility for certain benefits.—Paragraph (4) of section 1059(m) of title 10, United States Code, is amended to read as follows:

“(4) (A) Except as provided in subparagraph (B), the authority of the Secretary concerned under paragraph (1) may not be delegated.

“(B) During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph (1) may be delegated to an official at the Assistant Secretary-level or above. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.”.

(b) Extension of requirement for annual Family Advocacy Program report regarding child abuse and domestic violence.—Section 574(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141) is amended by striking “April 30, 2021” and inserting “April 30, 2026”.

(1) IN GENERAL.—Consistent with the recommendations set forth in the report of the Comptroller General of the United States titled “Domestic Abuse: Actions Needed to Enhance DOD’s Prevention, Response, and Oversight” (GAO–21–289), the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out the activities specified in subparagraphs (A) through (K).

(A) DOMESTIC ABUSE DATA.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out each of the following:

(i) Issue guidance to the Secretaries of the military departments to clarify and standardize the process for collecting and reporting data on domestic abuse in the Armed Forces, including—

(I) data on the numbers and types of domestic abuse and domestic violence incidents involving members of the Armed Forces;

(II) the information required to be reported to the database on domestic violence incidents under section 1562 of title 10, United States Code; and

(III) data for inclusion in the reports regarding child abuse and domestic violence required to be submitted under section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141).

(ii) Develop a quality control process to ensure the accurate and complete reporting of data on allegations of abuse involving a member of the Armed Forces, including allegations of abuse that do not meet the Department of Defense definition of domestic abuse.

(iii) Expand the scope of any reporting to Congress that includes data on domestic abuse in the Armed Forces to include data on and analysis of the types of allegations of domestic abuse.

(B) DOMESTIC VIOLENCE AND COMMAND ACTION DATA.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall—

(i) evaluate the organizations and elements of the Department of Defense that are responsible for tracking domestic violence incidents and the command actions taken in response to such incidents to determine if there are actions that may be carried out to—

(I) eliminate gaps and redundancies in the activities of such organizations;

(II) ensure consistency in the approaches of such organizations to the tracking of such incidents and actions; and

(III) otherwise improve the tracking of such incidents and actions across the Department; and

(ii) based on the evaluation under clause (i), clarify or adjust—

(I) the duties of such organizations and elements; and

(II) the manner in which such organizations and elements coordinate their activities.

(C) REGULATIONS FOR VIOLATION OF CIVILIAN ORDERS OF PROTECTION.—The Secretary of Defense shall revise or issue regulations (as applicable) to ensure that each Secretary of a military department provides, to any member of the Armed Forces under the jurisdiction of such Secretary who is subject to a civilian order of protection, notice that the violation of such order may be punishable under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

(D) AGREEMENTS WITH CIVILIAN VICTIM SERVICE ORGANIZATIONS.—

(i) GUIDANCE REQUIRED.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance pursuant to which personnel of a Family Advocacy Program at a military installation may enter into memoranda of understanding with qualified civilian victim service organizations for purposes of providing services to victims of domestic abuse in accordance with clause (ii).

(ii) CONTENTS OF AGREEMENT.—A memorandum of understanding entered into under clause (i) shall provide that personnel of a Family Advocacy Program at a military installation may refer a victim of domestic abuse to a qualified civilian victim service organization if such personnel determine that—

(I) the services offered at the installation are insufficient to meet the victim’s needs; or

(II) such a referral would otherwise benefit the victim.

(E) SCREENING AND REPORTING OF INITIAL ALLEGATIONS.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a standardized process—

(i) to ensure consistency in the manner in which allegations of domestic abuse are screened and documented at military installations, including by ensuring that allegations of domestic abuse are documented regardless of the severity of the incident;

(ii) that uses a risk-based approach to consistently identify, from among such allegations of domestic abuse, the allegations that should be presented to an Incident Determination Committee; and

(iii) to ensure consistency in the form and manner in which such allegations are presented to Incident Determination Committees.

(F) IMPLEMENTATION AND OVERSIGHT OF INCIDENT DETERMINATION COMMITTEES.—

(i) IMPLEMENTATION.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall ensure that Incident Determination Committees are fully implemented within each Armed Force.

(ii) OVERSIGHT AND MONITORING.—The Secretary of Defense shall—

(I) direct the Under Secretary of Defense for Personnel and Readiness to conduct oversight of the activities of the Incident Determination Committees of the Armed Forces on an ongoing basis; and

(II) establish a formal process through which the Under Secretary will monitor Incident Determination Committees to ensure that the activities of such Committees are conducted in an consistent manner in accordance with the applicable policies of the Department of Defense and the Armed Forces.

(G) REASONABLE SUSPICION STANDARD FOR INCIDENT REPORTING.—Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue regulations—

(i) under which the personnel of a Family Advocacy Program shall be required to report an allegation of domestic abuse to an Incident Determination Committee if there is reasonable suspicion that the abuse occurred; and

(ii) that fully define and establish standardized criteria for determining whether an allegation of abuse meets the reasonable suspicion standard referred to in clause (i).

(H) GUIDANCE FOR VICTIM RISK ASSESSMENT.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance that—

(i) identifies the risk assessment tools that must be used by Family Advocacy Program personnel to assess reports of domestic abuse; and

(ii) establishes minimum qualifications for the personnel responsible for using such tools.

(I) IMPROVING FAMILY ADVOCACY PROGRAM AWARENESS CAMPAIGNS.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement—

(i) a communications strategy to support the Armed Forces in increasing awareness of the options and resources available for reporting incidents of domestic abuse; and

(ii) metrics to evaluate the effectiveness of domestic abuse awareness campaigns within the Department of Defense and the Armed Forces, including by identifying a target audience and defining measurable objectives for such campaigns.

(J) ASSESSMENT OF THE DISPOSITION MODEL FOR DOMESTIC VIOLENCE.—As part of the independent analysis required by section 549C of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) the Secretary of Defense shall include an assessment of—

(i) the risks and consequences of the disposition model for domestic violence in effect as of the date of the enactment of this Act, including the risks and consequences of such model with respect to—

(I) the eligibility of victims for transitional compensation and other benefits; and

(II) the eligibility of perpetrators of domestic violence to possess firearms and any related effects on the military service of such individuals; and

(ii) the feasibility and advisability establishing alternative disposition models for domestic violence, including an assessment of the advantages and disadvantages of each proposed model.

(K) FAMILY ADVOCACY PROGRAM TRAINING.—

(i) TRAINING FOR COMMANDERS AND SENIOR ENLISTED ADVISORS.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall—

(I) ensure that the Family Advocacy Program training provided to installation-level commanders and senior enlisted advisors of the Armed Forces meets the applicable requirements of the Department of Defense; and

(II) shall provide such additional guidance and sample training materials as may be necessary to improve the consistency of such training.

(ii) TRAINING FOR CHAPLAINS.—The Secretary of Defense shall—

(I) require that chaplains of the Armed Forces receive Family Advocacy Program training;

(II) establish content requirements and learning objectives for such training; and

(III) provide such additional guidance and sample training materials as may be necessary to effectively implement such training.

(iii) TRAINING COMPLETION DATA.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a process to ensure the quality and completeness of data indicating whether members of the Armed Forces who are required to complete Family Advocacy Program training, including installation-level commanders and senior enlisted advisors, have completed such training.

(2) GENERAL IMPLEMENTATION DATE.—Except as otherwise provided in paragraph (1), the Secretary of Defense shall complete the implementation of the activities specified in such paragraph by not later than one year after the date of the enactment of this Act.

(3) QUARTERLY STATUS REPORT.—Not later than 90 days after the date of the enactment of this Act and on a quarterly basis thereafter until the date on which all of the activities specified in paragraph (1) have been implemented, the Secretary of Defense shall submit to the appropriate congressional committees a report on the status of the implementation of such activities.

(d) Improving awareness regarding family advocacy programs and other similar services.—

(1) PILOT PROGRAM ON INFORMATION FOR FAMILIES ENROLLING IN DEERS.—The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of various mechanisms to inform military families about the Family Advocacy Programs and resiliency training of the Armed Forces during their enrollment in the Defense Enrollment Eligibility Reporting System. The matters assessed by the pilot program shall include the following:

(A) An option for training members of military families on the Family Advocacy Programs.

(B) Mechanisms for providing such family members with information on—

(i) the resources available through the Family Advocacy Programs of the Armed Forces;

(ii) the Military OneSource program of the Department of Defense;

(iii) resources relating to domestic abuse and child abuse and neglect that are available through local community service organizations; and

(iv) the availability of the Military and Family Life Counseling Program.

(C) Steps that may be taken to better inform such family members of the option to make a restricted report or an unrestricted report to a Family Advocacy Program, including information on the difference between such reports.

(2) INFORMATION ON SERVICES FOR MILITARY FAMILIES.—Each Secretary of a military department shall ensure that a military family member who reports an incident of domestic abuse or child abuse and neglect to a Family Advocacy Program under the jurisdiction of such Secretary receives comprehensive information, in a clear and easily understandable format, on the services available to such family member in connection with such incident. Such information shall include a complete guide to the following:

(A) The Family Advocacy Program of the Armed Force or military department concerned.

(B) Military law enforcement services, including an explanation of the process that follows a report of an incident of domestic abuse or child abuse or neglect.

(e) Reports on staffing levels for family advocacy programs.—

(1) IN GENERAL.—Not later than 180 days after the date on which the staffing tool described in paragraph (2) becomes operational, and on an annual basis thereafter for the following five years, the Secretary of Defense shall submit to the appropriate congressional committees a report setting forth the following:

(A) Military, civilian, and contract support staffing levels for the Family Advocacy Programs of the Armed Forces at each military installation so staffed as of the date of the report.

(B) Recommendations for ideal staffing levels for the Family Advocacy Programs, as identified by the staffing tool.

(2) STAFFING TOOL DESCRIBED.—The staffing tool described in this paragraph is a tool that—

(A) is under development as of the date of the enactment of this Act pursuant to an agreement between the Department of Defense and Pennsylvania State University; and

(B) will be used to assist the Department in determining adequate staffing levels for Family Advocacy Programs.

(3) COMPTROLLER GENERAL REVIEW.—

(A) IN GENERAL.—Following the submission of the first annual report required under paragraph (1), the Comptroller General of the United States shall conduct a review of the staffing of the Family Advocacy Programs of the Armed Forces.

(B) ELEMENTS.—The review conducted under subparagraph (A) shall include an assessment of each of the following:

(i) The extent to which the Armed Forces have filled authorized billets for Family Advocacy program manager, clinician, and victim advocate positions.

(ii) The extent to which the Armed Forces have experienced challenges filling authorized Family Advocacy Program positions, and how such challenges, if any, have affected the provision of services.

(iii) The extent to which the Department of Defense and Armed Forces have ensured that Family Advocacy Program clinicians and victim advocates meet qualification and training requirements.

(iv) The extent to which the Department of Defense has established metrics to evaluate the effectiveness of the staffing tool described in paragraph (2).

(i) BRIEFING.—Not later than one year following the submission of the first annual report required under paragraph (1), the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the preliminary observations made by the Comptroller General as part of the review required under subparagraph (A).

(ii) REPORT.—Not later than 90 days after the date of the briefing under clause (i), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under subparagraph (A).

(f) Study and report on initial entry points.—

(1) STUDY.—The Secretary of Defense shall conduct a study to identify initial entry points (including anonymous entry points) through which military family members may seek information or support relating to domestic abuse or child abuse and neglect. Such study shall include an assessment of—

(A) points at which military families interact with the Armed Forces or the Department of Defense through which such information or support may be provided to family members, including points such as enrollment in the Defense Enrollment Eligibility Reporting System, and the issuance of identification cards; and

(B) other existing and potential routes through which such family members may seek information or support from the Armed Forces or the Department, including online chat rooms, text-based support capabilities, and software applications for smartphones.

(2) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of the study conducted under paragraph (1).

(g) Inspector General report.—Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the Secretary of Defense and to the Committees on Armed Services of the Senate and the House of Representatives a report that—

(1) evaluates the progress of the Secretary of Defense in carrying out this section; and

(2) identifies any actions the Secretary is taking improve the practices of military installations with respect to the prevention and response to domestic abuse and child abuse and neglect among military families.

(h) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and

(B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

(2) The term “civilian order of protection” has the meaning given that term in section 1561a of title 10, United States Code.

(3) The term “disposition model for domestic violence” means the process to determine—

(A) the disposition of charges of an offense of domestic violence under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice); and

(B) consequences of such disposition for members of the Armed Forces determined to have committed such offense and the victims of such offense.

(4) The term “Incident Determination Committee” means a committee established at a military installation that is responsible for reviewing reported incidents of domestic abuse and determining whether such incidents constitute harm to the victims of such abuse according to the applicable criteria of the Department of Defense.

(5) The term “qualified civilian victim service organization” means an organization outside the Department of Defense that—

(A) is approved by the Secretary of Defense for the purpose of providing legal or other services to victims of domestic abuse; and

(B) is located in a community surrounding a military installation.

(6) The term “risk assessment tool” means a process or technology that may be used to evaluate a report of an incident of domestic abuse to determine the likelihood that the abuse will escalate or recur.

SEC. 528. Mandatory notification of members of the Armed Forces identified in certain records of criminal investigations.

(a) In general.—Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 1567b. Mandatory notification of members of the armed forces and reserve components identified in certain records of criminal investigations

“(a) Notification of inclusion MCIO records.—As soon as practicable after the conclusion of a criminal investigation by a military criminal investigative organization, the head of such organization shall provide, to any member or former member of the armed forces and reserve components who is designated in the records of the organization as a subject of such investigation, written notice of such designation.

“(b) Initial notification of previous inclusion in MCIO records.—Not later than 180 days after the date of the enactment of this section, the head of each military criminal investigative organization shall provide, to any member or former member of the armed forces and reserve components who is designated in the records of the organization as a subject of a criminal investigation that is closed as of such date, written notice of such designation.

“(c) Contents of notice.—Each notice provided under subsection (a) and (b) shall include the following information—

“(1) The date on which the member was designated as a subject of a criminal investigation in the records of the military criminal investigative organization.

“(2) Identification of each crime for which the member was investigated, including a citation to each provision of chapter 47 of this title (the Uniform Code of Military Justice) that the member was suspected of violating, if applicable.

“(3) Instructions on how the member may seek removal of the record in accordance with subsection (d).

“(d) Removal of record.—The Secretary of Defense shall—

“(1) establish a process through which a member of the armed forces and reserve components who receives a notice under subsection (a) or (b) may request the removal of the record that is the subject of such notice; and

“(2) issue uniform guidance, applicable to all military criminal investigative organizations, specifying the conditions under which such a record may be removed.

“(e) Military criminal investigative organization defined.—In this section, the term ‘military criminal investigative organization’ means any organization or element of the Department of Defense or an armed force that is responsible for conducting criminal investigations, including—

“(1) the Army Criminal Investigation Command;

“(2) the Naval Criminal Investigative Service;

“(3) the Air Force Office of Special Investigations;

“(4) the Coast Guard Investigative Service; and

“(5) the Defense Criminal Investigative Service.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“1567b. Mandatory notification of members of the armed forces and reserve components identified in certain records of criminal investigations.”.

SEC. 529. Authority of military judges and military magistrates to issue military court protective orders.

(a) Judge-issued military court protective orders.—Chapter 80 of title 10, United Stated Code, is amended by adding at the end the following new section:

“§ 1567b. Authority of military judges and military magistrates to issue military court protective orders

“(a) Authority to issue military court protective orders.—The President shall prescribe regulations authorizing military judges and military magistrates to issue protective orders in accordance with this section. A protective order issued in accordance with this section shall be known as a ‘military court protective order’. Under the regulations prescribed by the President, military judges and military magistrates shall have exclusive jurisdiction over the issuance, appeal, renewal, and termination of military court protective orders and such orders may not be issued, appealed, renewed, or terminated by State, local, territorial, or tribal courts.

“(b) Enforcement by civilian authorities.—

“(1) IN GENERAL.—In prescribing regulations for military court protective orders, the President shall seek to ensure that the protective orders are issued in a form and manner that is enforceable by State, local, territorial, and tribal civilian law enforcement authorities.

“(2) FULL FAITH AND CREDIT.—Any military court protective order shall be accorded full faith and credit by the court of a State, local, territorial, or tribal jurisdiction (the enforcing jurisdiction) and enforced by the court and law enforcement personnel of that jurisdiction as if it were the order of the enforcing jurisdiction.

“(3) RECIPROCITY AGREEMENTS.—Consistent with paragraphs (1) and (2), the Secretary of Defense shall seek to enter into reciprocity agreements with State, local, territorial, and tribal civilian law enforcement authorities under which—

“(A) such authorities agree to enforce military court protective orders; and

“(B) the Secretary agrees to enforce protective orders issued by such authorities that are consistent with section 2265(b) of title 18.

“(c) Purpose and form of issuance.—A military court protective order—

“(1) may be issued for the purpose of protecting a victim of an alleged covered offense, or a family member or associate of the victim, from a person subject to chapter 47 of this title (the Uniform Code of Military Justice) who is alleged to have committed such an offense; and

“(2) shall include—

“(A) a finding regarding whether such person represents a credible threat to the physical safety of such alleged victim;

“(B) a finding regarding whether the alleged victim is an intimate partner or child of such person; and

“(C) if applicable, terms explicitly prohibiting the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily injury against such intimate partner or child.

“(d) Burden of proof.—In determining whether to issue a military court protective order, a military judge or military magistrate shall make all relevant findings by a preponderance of the evidence. The burden shall be on the party requesting the order to produce sufficient information to satisfy the preponderance of the evidence standard referred to in the preceding sentence.

“(e) Timing and manner of issuance.—A military court protective order may be issued—

“(1) by a military magistrate, before referral of charges and specifications to court-martial for trial, at the request of—

“(A) a victim of an alleged covered offense; or

“(B) a Special Victims’ Counsel or other qualified counsel acting on behalf of the victim; or

“(2) by a military judge, after referral of charges and specifications to court-martial for trial, at the request of qualified counsel, which may include a Special Victims’ Counsel acting on behalf of the victim or trial counsel acting on behalf of the prosecution.

“(f) Duration and renewal of protective order.—

“(1) DURATION.—A military court protective order shall be issued for an initial period of up to 180 days and may be reissued for one or more additional periods, each of which may be up to 180 days, in accordance with paragraph (2).

“(2) EXPIRATION AND RENEWAL.—Before the expiration of any period during which a military court protective order is in effect, a military judge or military magistrate shall review the order to determine whether the order will terminate at the expiration of such period or be reissued for an additional period of up to 180 days.

“(3) NOTICE TO PROTECTED PERSONS.—If a military judge or military magistrate determines under paragraph (2) that a military court protective order will terminate, the judge or magistrate concerned shall direct that each person protected by the order be provided with reasonable, timely, and accurate notification of the termination.

“(g) Review of magistrate-issued orders.—

“(1) REVIEW.—A military judge, at the request of the person subject to a military court protective order that was issued by a military magistrate, may review the order to determine if the order was properly issued by the magistrate.

“(2) STANDARDS OF REVIEW.—A military judge who reviews an order under paragraph (1) shall terminate the order if the judge determines that—

“(A) the military magistrate’s decision to issue the order was an abuse of discretion, and there is not sufficient information presented to the military judge to justify the order; or

“(B) information not presented to the military magistrate establishes that the military court protective order should be terminated.

“(h) Due process.—

“(1) PROTECTION OF DUE PROCESS.—Except as provided in paragraph (2), a protective order authorized under subsection (a) may be issued only after reasonable notice and opportunity to be heard and to present evidence, directly or through counsel, is given to the person against whom the order is sought sufficient to protect that person's right to due process.

“(2) EMERGENCY ORDERS.—A protective order on an emergency basis may be issued on an ex parte basis under such rules and limitations as the President shall prescribe. In the case of ex parte orders, notice and opportunity to be heard and to present evidence must be provided within a reasonable time not to exceed 30 calendar days after the date on which the order is issued, sufficient to protect the respondent's due process rights.

“(i) Rights of victim.—The victim of an alleged covered offense who seeks a military court protective order has, in addition to any rights provided under section 806b (article 6b), the following rights with respect to any proceeding involving the protective order:

“(1) The right to reasonable, accurate, and timely notice of the proceeding and of any change in the status of the protective order resulting from the proceeding.

“(2) The right to be reasonably heard at the proceeding.

“(3) The right to appear in person, with or without counsel, at the proceeding.

“(4) The right be represented by qualified counsel in connection with the proceeding, which may include a Special Victims’ Counsel.

“(5) The reasonable right to confer with a representative of the command of the accused and counsel representing the government at the proceeding, as applicable.

“(6) The right to submit a written statement, directly or through counsel, for consideration by the military judge or military magistrate presiding over the proceeding.

“(j) Restrictions on access to firearms.—

“(1) IN GENERAL.—Notwithstanding any other provision of law—

“(A) a military court protective order issued on an ex parte basis shall restrain a person from possessing, receiving, or otherwise accessing a firearm; and

“(B) a military court protective order issued after the person to be subject to the order has received notice and opportunity to be heard on the order, shall restrain such person from possessing, receiving, or otherwise accessing a firearm in accordance with section 922 of title 18.

“(2) NOTICE TO ATTORNEYS GENERAL.—

“(A) NOTICE OF ISSUANCE.—Not later than 72 hours after the issuance of an order described in paragraph (1), the Secretary concerned shall submit a record of the order—

“(i) to the Attorney General of the United States; and

“(ii) to the Attorney General of the State or Territory in which the order is issued.

“(B) NOTICE OF RECISSION OR EXPIRATION.—Not later than 72 hours after the recission or expiration of an order described in paragraph (1), the Secretary concerned shall submit notice of such recission or expiration to the Attorneys General specified in subparagraph (A).

“(k) Treatment as lawful order.—A military court protective order shall be treated as a lawful order for purposes of the application of section 892 (article 92) and a violation of such an order shall be punishable under such section (article).

“(l) Command matters.—

“(1) INCLUSION IN PERSONNEL FILE.—Any military court protective order against a member shall be placed and retained in the military personnel file of the member, except that such protective order shall be removed from the military personnel file of the member if the member is acquitted of the offense to which the order pertains, it is determined that the member did not commit the act giving rise to the protective order, or it is determined that the protective order was issued in error.

“(2) NOTICE TO CIVILIAN LAW ENFORCEMENT OF ISSUANCE.—Any military court protective order against a member shall be treated as a military protective order for purposes of section 1567a including for purposes of mandatory notification of issuance to Federal and State civilian law enforcement agencies as required by that section.

“(m) Relationship to other authorities.—Nothing in this section may be construed as prohibiting—

“(1) a commanding officer from issuing or enforcing any otherwise lawful order in the nature of a protective order to or against members of the officer’s command;

“(2) pretrial restraint in accordance with Rule for Courts-Martial 304 (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule); or

“(3) pretrial confinement in accordance with Rule for Courts-Martial 305 (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule).

“(n) Delivery to certain persons.—A physical and electronic copy of any military court protective order shall be provided, as soon as practicable after issuance, to the following:

“(1) The person or persons protected by the protective order or to the guardian of such a person if such person is under the age of 18 years.

“(2) The person subject to the protective order.

“(3) To such commanding officer in the chain of command of the person subject to the protective order as the President shall prescribe for purposes of this section.

“(o) Definitions.—In this section:

“(1) CONTACT.—The term ‘contact’ includes contact in person or through a third party, or through gifts,

“(2) COMMUNICATION.—The term ‘communication’ includes communication in person or through a third party, and by telephone or in writing by letter, data fax, or other electronic means.

“(3) COVERED OFFENSE.—The term ‘covered offense’ means the following:

“(A) An alleged offense under section 920, 920a, 920b, 920c, or 920d of this title (article 120, 120a, 120b, 120c, or 120d of the Uniform Code of Military Justice).

“(B) An alleged offense of stalking under section 930 of this title (article 130 of the Uniform Code of Military Justice).

“(C) An alleged offense of domestic violence under section 928b of this title (article 128b of the Uniform Code of Military Justice).

“(D) A conspiracy to commit an offense specified in subparagraphs (A) through (C) as punishable under section 881 of this title (article 81 of the Uniform Code of Military Justice).

“(E) A solicitation to commit an offense specified in subparagraphs (A) through (C) as punishable under section 882 of this title (article 82 of the Uniform Code of Military Justice).

“(F) An attempt to commit an offense specified in subparagraphs (A) through (C) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).

“(4) MILITARY JUDGE AND MILITARY MAGISTRATE.—The terms ‘military judge’ and ‘military magistrate’ mean a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and who is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military judge or magistrate by the Judge Advocate General of the armed force of which the officer is a member.

“(5) PROTECTIVE ORDER.—The term ‘protective order’ means an order that—

“(A) restrains a person from harassing, stalking, threatening, or otherwise contacting or communicating with a victim of an alleged covered offense, or a family member or associate of the victim, or engaging in other conduct that would place such other person in reasonable fear of bodily injury to any such other person;

“(B) by its terms, explicitly prohibits—

“(i) the use, attempted use, or threatened use of physical force by the person against a victim of an alleged covered offense, or a family member or associate of the victim, that would reasonably be expected to cause bodily injury;

“(ii) the initiation by the person restrained of any contact or communication with such other person;

“(iii) any other behavior by the person restrained that the court deems necessary to provide for the safety and welfare of the victim of an alleged covered offense, or a family member or associate of the victim; or

“(iv) actions described by any of clauses (i) through (iii).

“(6) SPECIAL VICTIMS’ COUNSEL.—The term ‘Special Victims Counsel’ means a Special Victims’ Counsel described in section 1044e and includes a Victims’ Legal Counsel of the Navy.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“1567b. Authority of military judges and military magistrates to issue military court protective orders.”.

(c) Implementation.—The President shall prescribe regulations implementing section 1567b of title 10, United States Code (as added by subsection (a)), by not later than one year after the date of the enactment of this Act.

SEC. 529A. Countering extremism in the Armed Forces.

(a) In general.—Part II of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter:

“CHAPTER 89—COUNTERING EXTREMISM

“1801. Office of Countering Extremism.
“1802. Training and education.
“1803. Data collection and analysis.
“1804. Reporting requirements.
“1805. Definitions.

“§ 1801. Office of Countering Extremism

“(a) Establishment.— (1) There is an Office of Countering Extremism (in this section referred to as the ‘Office’) within the Office of the Under Secretary of Defense for Personnel and Readiness.

“(2) The Office shall be headed by the Director of Countering Extremism (in this chapter referred to as the ‘Director’), who shall be appointed by the Secretary of Defense, in consultation with the Secretary of Homeland Security, and report directly to the Under Secretary of Defense for Personnel and Readiness and the Secretary.

“(b) Duties.—The Director shall—

“(1) be responsible for policy of countering extremism within the armed forces;

“(2) in coordination with the Secretaries of the military departments, develop and implement programs, resources, and activities to counter extremism within the armed forces;

“(3) establish policies to ensure adequate protection, transparency of process, and availability of resources for individuals who report incidents of extremism;

“(4) facilitate and coordinate with the Secretaries of the military departments, law enforcement organizations, security organizations, and insider threat programs in the armed forces;

“(5) engage and interact with, and solicit recommendations from, outside experts on extremism;

“(6) coordinate with—

“(A) the Under Secretary for Defense for Intelligence and Security; and

“(B) the Deputy Inspector General of the Department of Defense for Diversity and Inclusion and Supremacist, Extremism and Criminal Gang Activity; and

“(7) perform any additional duties prescribed by the Secretary of Defense, in consultation with the Secretary of Homeland Security.

“§ 1802. Training and education

“(a) In general.—The Secretary of each military department, in coordination with the Director, shall develop and implement training and education programs and related materials to assist members of the armed forces and civilian employees of the armed forces in identifying, preventing, responding to, reporting, and mitigating the risk of extremism.

“(b) Extremist insider threat training.— (1) The training and education programs and materials described in subsection (a) shall include information on the following:

“(A) What constitutes an extremist insider threat.

“(B) Risks posed by extremist insider threats.

“(C) How to identify extremist insider threats.

“(D) How to recognize when an individual is being influenced by extremism or targeted for recruitment by extremist groups.

“(E) Information about procedures on when and how to report detected extremist insider threats.

“(F) Resources for reporting outside the chain of command.

“(G) Media literacy training.

“(H) Whistleblower protections.

“(I) Such other information as may be required by the Secretary of Defense, in consultation with the Secretary of Homeland Security.

“(2) The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall provide the training and education described in subsection (a) as part of each of the following:

“(A) Initial entry training for members of the armed forces.

“(B) Curricula of—

“(i) the United States Army Training and Doctrine Command;

“(ii) the Naval Education and Training Command;

“(iii) the Air Education and Training Command;

“(iv) all pre-commissioning programs of the Department of Defense;

“(v) the military service academies;

“(vi) the Coast Guard Education and Training Quota Management Command;

“(vii) the Coast Guard Academy; and

“(viii) all pre-commissioning programs of the Coast Guard.

“(C) Certification courses required for members or officers to be considered for promotion to any grade above E–5, WO–5 (WO-3, in the case of the Coast Guard), or O–5. Such members and officers shall also receive training regarding—

“(i) how to identify emerging extremist insider threat behaviors in a unit; and

“(ii) procedures on when and how to respond when a subordinate reports a suspected extremist insider threat.

“(3) The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall include the information described in paragraph (1) in brochures, posters, print and online publications, or other educational materials of the armed forces.

“(c) Recruiter training.—The Secretary of each military department, in coordination with the Director, shall coordinate with the recruiting activities and organization of the armed forces to develop and carry out a training program for recruiters on how to—

“(1) identify indicators of extremism in potential recruits;

“(2) identify members of extremist organizations in potential recruits; and

“(3) screen potential recruits for extremist ties to ensure potential recruits comply with enlistment, accession, or commissioning requirements.

“§ 1803. Data collection and analysis

“(a) In general.—The Director shall—

“(1) establish and maintain a database on extremist activities in the armed forces; and

“(2) ensure the data collected across the military departments is uniform to the maximum extent practicable.

“(b) Records.—The database established in subsection (a) shall include records on—

“(1) each incident, complaint, or allegation of extremism by a member or civilian employee of the armed forces, including—

“(A) the extremist behavior related to the incident, complaint, or allegation;

“(B) the rank, race, gender, and ethnicity of the individuals involved in the incident, complaint, or allegation;

“(C) each Federal agency involved in investigating the incident, complaint, or allegation;

“(D) any investigation of the incident, complain, or allegation;

“(E) any action taken by a commander or supervisor in response to the incident, complaint, or allegation;

“(F) any adverse administrative personnel action or punitive action related to the incident, complaint, or allegation, including details of the type of action initiated and the final disposition of such action;

“(G) descriptions of an ideology, movement, or extremist group associated with the incident, complaint, or allegation; and

“(H) records submitted or collected regarding administrative or punitive action referred to in subsection (F).

“(2) each notification from the Federal Bureau of Investigation to the Secretary of Defense, the Secretary of Homeland Security, or a law enforcement agency (if in the possession of either such Secretary), of investigations related to extremism of current and former members of the armed forces, unless such reporting would jeopardize public safety or compromise an ongoing law enforcement investigation;

“(3) responses related to questions about extremism on surveys, questionnaires, command climate surveys, transition checklists, exit surveys, and other information gathering sources;

“(4) each involuntary separation or denial of enlistment or commissioning on the basis of extremism;

“(5) each security clearance revoked on the basis of extremism; and

“(6) any other requirements prescribed by the Secretary of Defense, in consultation with the Secretary of Homeland Security.

“(c) Coordination.—Each Secretary of a military department shall collect records described in subsection (b) and provide them to the Director.

“§ 1804. Reporting requirements

“(a) Annual report.—Not later than December 1 of each year, the Director shall submit to Congress a report on the prevalence of extremist activities within the armed forces that includes the number of individuals—

“(1) determined ineligible to serve in the Armed Forces during the preceding fiscal year by reason of engagement in extremist activities;

“(2) separated from the Armed Forces during the preceding fiscal year by reason of engagement in extremist activities;

“(3) determined ineligible to reenlist in the armed forces during the preceding fiscal year by reason of engagement in extremist activities;

“(4) whose security clearances were revoked during the preceding fiscal year by reason of engagement in extremist activities;

“(5) statistics of incidents, complaints, and allegations recorded under section 1803(b)—

“(A) disaggregated data by armed force, race, gender, ethnicity, grade, and rank; and

“(B) with any personally identifiable information redacted;

“(6) regulations prescribed to counter extremism in the armed forces; and

“(7) any recommendations to Congress for related legislative actions to address extremism within the armed forces.

“(b) Publication.—The Secretary of Defense shall—

“(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (a); and

“(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.

“§ 1805. Definitions

“In this chapter:

“(1) The terms ‘extremist activities’ and ‘extremist organization’ have the meanings prescribed by the Secretary of Defense.

“(2) The term ‘extremist insider threat’ means a member or civilian employee of the armed forces with access to Government information, systems, or facilities, who—

“(A) can use such access to do harm to the security of the United States; and

“(B) exhibits extremist behaviors.”.

(b) Technical amendment.—The table of chapters for part II of subtitle A of such title 10 is amended by inserting, after the item relating to chapter 88, the following new item:

“89. Countering Extremism 1801”.

(c) Regulations.—The Secretary of Defense shall prescribe regulations under chapter 89 of such title (including definitions under section 1805 of such title), as added by subsection (a), not later than 60 days after the date of the enactment of this Act.

(d) Progress report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the status of the implementation of chapter 89 of such title, as added by subsection (a).

(e) Prohibition on extremist activities.—

(1) PROHIBITION.—Chapter 39 of title 10, United States Code, is amended by inserting after section 985 the following new section:

“§ 986. Prohibition on extremist activities

“(a) Prohibition.—An individual who engages in extremist activities or is a member of an extremist organization may not serve as a member of the armed forces.

“(b) Regulations.—The Secretary of Defense shall prescribe regulations regarding the separation of a member of the armed forces who engages in extremist activities or is a member of an extremist organization.

“(c) Definitions.—In this section, the terms ‘extremist activities’ and ‘extremist organization’ have the meanings given such terms in section 1805 of this title.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 985 the following new item:

“986. Prohibition on extremist activities.”.

(f) Provision of information regarding extremist groups in Transition Assistance Program.—Section 1142(b) of title 10, United States Code, is amended by adding at the end the following new paragraph (20):

“(20) Information about efforts of extremist groups to recruit former members of the armed forces, including how a member may report such efforts to the Secretary concerned.”.

(g) Authority to utilize online extremist content as cause for separation from an Armed Force.—Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 130l. Authority to utilize online extremist content as cause for separation from an armed force

“The Secretary concerned may use content knowingly shared, disseminated, or otherwise made available online (including on social media platforms and accounts) by an individual who serves in an armed force that expresses support for extremist activities (as that term is defined in section 1804 of this title) as cause for involuntary separation from an armed force.”.

(h) Coordination of Director of Countering Extremism with Deputy Inspector General regarding supremacist, extremist, or criminal gang activity in the Armed Forces.—Section 554(a)(3) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by adding at the end the following new subparagraph:

“(E) The Director of Countering Extremism.”.

(i) Effective date.—The amendments made by this section shall take effect on the day that the Secretary of Defense prescribes regulations under subsection (c).

SEC. 529B. Reform and improvement of military criminal investigative organizations.

(a) Evaluation and plan for reform.—Not later than one year after the date of the enactment of this Act, each Secretary concerned shall—

(1) complete an evaluation of the effectiveness of the military criminal investigative organizations under the jurisdiction of such Secretary: and

(2) submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives a report that includes—

(A) the results of the evaluation conducted under paragraph (1); and

(B) based on such results, a proposal for reforming such military criminal investigative organizations to ensure that the organizations effectively meet the demand for complex investigations and other emerging mission requirements.

(b) Implementation plan.—

(1) IN GENERAL.—Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a plan to implement the reforms to military criminal investigative organizations proposed by the Secretaries concerned under subsection (a) to ensure each such organization is capable of professionally investigating criminal misconduct under its jurisdiction.

(2) ELEMENTS.—The plan under paragraph (1) shall include the following:

(A) The requirements that military criminal investigative organizations must meet to effectively carry out criminal investigative and other law enforcement missions in 2022 and subsequent years.

(B) The resources that will be needed to ensure that each military criminal investigative organization can achieve its mission.

(i) whether appropriate technological investigative tools are available and accessible to such organizations; and

(ii) whether the functions of such organizations would be better supported by civilian rather than military leadership.

(D) For each military criminal investigative organization—

(i) the number of military personnel assigned to such organization;

(ii) the number of civilian personnel assigned to such organization; and

(iii) the functions of such military and civilian personnel.

(E) A description of any plans of the Secretary to develop a more professional workforce of military and civilian investigators.

(F) A proposed timeline for the reform of the military investigative organizations.

(G) An explanation of the potential benefits of such reforms, including a description of—

(i) specific improvements that are expected to result from the reforms; and

(ii) whether the reforms will improve information sharing across military criminal investigative organizations.

(H) With respect to the military criminal investigative organizations of the Army, an explanation of how the plan will—

(i) address the findings of the report of the Fort Hood Independent Review Committee, dated November 6, 2020; and

(ii) coordinate with any other internal reform efforts of the Army.

(c) Limitation on the changes to training locations.—In carrying out this section, the Secretary of Defense may not change the locations at which military criminal investigative training is provided to members of military criminal investigative organizations until—

(1) the implementation plan under subsection (b) is submitted to the appropriate congressional committees; and

(2) a period of 60 days has elapsed following the date on which the Secretary notifies the congressional defense committees of the Secretary’s intent to move such training to a different location.

(d) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and

(B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

(2) The term “military criminal investigative organization” means each organization or element of the Department of Defense or the Armed Forces that is responsible for conducting criminal investigations, including—

(A) the Army Criminal Investigation Command;

(B) the Naval Criminal Investigative Service;

(D) the Coast Guard Investigative Service; and

(E) the Defense Criminal Investigative Service.

(3) The term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.

SEC. 529C. Measures to improve the safety and security of members of the Armed Forces.

(a) Comprehensive review of missing persons reporting.—The Secretary of Defense shall instruct the Secretary of each military department to undertake a comprehensive review of the policies and procedures of such military department for reporting members of the Armed Forces absent without leave, on unauthorized absence, or missing.

(b) Review of installation-level procedures.—The commander of each military installation shall—

(1) direct each military installation under its command to review its policies and procedures for carrying out the reporting activities described under subsection (a); and

(2) update such installation-level policies and procedures with a view towards force protection, enhanced security for members of the Armed Forces living on base, and prioritizing reporting at the earliest reasonable time to local law enforcement at all levels, and Federal law enforcement field offices with overlapping jurisdiction with that installation, when a member is determined to be missing.

(1) IN GENERAL.—The commander of each military installation shall establish a protocol for sharing information with local and Federal law enforcement agencies about members of the Armed Forces that are absent without leave, on unauthorized absence, or missing. The protocol shall provide, by memorandum of understanding or otherwise, for the commander to notify all local and Federal law enforcement agencies with jurisdiction over the immediate area of the military installation—

(A) immediately when the status of a member assigned to such installation has been changed to absent without leave, on unauthorized absence, or missing (including whether the commander determines that such member has a violent intent, based on criteria including whether a firearm is missing from such military installation); and

(B) of the status of a member described in subparagraph (A), not less than once per week after notification under such subparagraph, until the commander changes the status of such member.

(2) REPORTING TO MILITARY INSTALLATION COMMAND.—The commander of each military installation shall submit the protocol established pursuant to paragraph (1) to the relevant military installation command.

(d) Report of Chief of National Guard Bureau.—Not later than March 1, 2022, the Chief of the National Guard Bureau shall submit to the Committees on Armed Services and on the Judiciary of the Senate and House of Representatives, a report on the feasibility of implementing subsections (a), (b), and (c), with regards to facilities of the National Guard. Such report shall include a proposed timeline for such implementation and recommendations of the Chief.

SEC. 529D. Distribution of information on the availability of civilian victim services.

(a) Information distribution.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1) require each military legal service provider to provide, to each victim referred to such provider, a list of approved civilian victim service organizations from which the victim may seek legal assistance, legal representation, or other legal services; and

(2) direct the Sexual Assault Prevention and Response Office of the Department of Defense to carry out activities to ensure the widespread distribution, throughout the Department, of information on the availability of services from civilian victim service organizations.

(b) Approval of organizations.—The Secretary of Defense, acting through the Sexual Assault Prevention and Response Office of the Department of Defense, shall establish criteria for the approval of civilian victim service organizations for inclusion on the list described in subsection (a)(1).

(1) The term “civilian victim service organization” means an organization outside the Department of Defense that is approved by the Secretary of Defense for the purpose of providing legal assistance, legal representation, or other legal services directly to a victim.

(2) The term “military legal service provider” means an individual or organization within the Department of Defense authorized to provide legal assistance, legal representation, or other legal services directly to a victim.

(3) The term “victim” means the victim of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

SEC. 529E. Report on mandatory restitution.

Not later than April 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 Department's progress in evaluating the feasibility and advisability of authorizing mandatory restitution as a component of the sentence for a conviction of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

subtitle D—Implementation of Recommendations of the Independent Review Commission on Sexual Assault in the Military

SEC. 531. Short title.

This subtitle may be cited as the “IRC implementation Act of 2021”.

PART 1—Special Victim Prosecutors and Special Victim Offenses

SEC. 532. Special victim prosecutors.

(a) In general.—Subchapter V of chapter 47 of title 10, United States Code, is amended by inserting after section 824 (article 24 of the Uniform Code of Military Justice) the following new section:

“§ 824a. Art. 24a. Special victim prosecutors

“(a) Detail of special victim prosecutors and assistant special victim prosecutors.—Each Secretary concerned shall detail—

“(1) one commissioned officer from each armed force under the jurisdiction of such Secretary to serve as the special victim prosecutor of that armed force; and

“(2) such number of assistant special victim prosecutors as the Secretary considers appropriate to assist such special victim prosecutor.

“(b) Qualifications.—

“(1) QUALIFICATIONS OF SPECIAL VICTIM PROSECUTORS.—A special victim prosecutor shall be a commissioned officer of the armed forces who—

“(A) is in the grade of O–6 or higher;

“(B) is a judge advocate;

“(C) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and

“(D) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special victim prosecutor.

“(2) QUALIFICATIONS OF ASSISTANT SPECIAL VICTIM PROSECUTORS.—An assistant special victim prosecutor shall be a commissioned officer of the armed forces who—

“(A) has at least five years of criminal justice experience;

“(B) is a judge advocate;

“(C) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and

“(D) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as an assistant special victim prosecutor.

“(c) Duties and authorities.—

“(1) IN GENERAL.—Special victim prosecutors and assistant special victim prosecutors shall carry out the duties described in this chapter and any other duties prescribed by the Secretary of Defense, in consultation with the Secretary of Homeland Security, by regulation.

“(2) CLARIFICATION OF AUTHORITY OF ASSISTANT SPECIAL VICTIM PROSECUTORS.—Except as otherwise expressly provided in this chapter, an assistant special victim prosecutor shall have the same authorities granted to a special victim prosecutor under this chapter.

“(3) DETERMINATION OF SPECIAL VICTIM OFFENSE; RELATED CHARGES.—

“(A) AUTHORITY.—A special victim prosecutor shall have exclusive authority to determine if an offense is a special victim offense and shall, upon completion of a relevant investigation, exercise authority over any such offense in accordance with this chapter.

“(B) RELATED OFFENSES.—If a special victim prosecutor determines that an offense is a special victim offense, the special victim prosecutor may also exercise authority over any reported offense that the special victim prosecutor determines to be related to the special victim offense and any other reported offense by the person alleged to have committed a special victim offense.

“(4) DISMISSAL; PREFERRAL; REFERRAL; PLEA BARGAINS.—Subject to paragraph (5), with respect to charges and specifications alleging any offense over which a special victim prosecutor exercises authority, a special victim prosecutor shall have exclusive authority to, in accordance with this chapter—

“(A) make a determination that is binding on the convening authority to prefer or refer the charges and specifications for trial by a special or general court-martial;

“(B) on behalf of the Government, dismiss the charges and specifications or make a motion to dismiss the charges and specifications;

“(C) enter into a plea agreement; and

“(D) determine if an ordered rehearing is impracticable.

“(5) DEFERRAL TO CONVENING AUTHORITY.—

“(A) IN GENERAL.—Except as provided in subparagraph (B), if a special victim prosecutor exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special victim prosecutor, elects not to refer such charges and specifications, a convening authority may exercise any of the authorities of the convening authority under this chapter with respect to such offense.

“(B) EXCEPTION.—In exercising authority under with respect to an offense described in subparagraph (A), a convening authority may not refer charges and specifications for a special victim offense for trial by special or general court-martial.

“(d) Relevant investigation defined.—In this section, the term ‘relevant investigation’ means an investigation into an alleged offense under this chapter that is conducted by the Federal Government or a State, local, or Tribal law enforcement organization.”.

(b) Clerical amendment.—The table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 824 (article 24) the following new item:

“824a. Art. 24a. Special victim prosecutors.”.

SEC. 533. Department of Defense policies with respect to special victim prosecutors and establishment of offices of special victim prosecutors within military departments.

(a) In general.—Chapter 53 of title 10, United States Code, is amended by inserting after section 1044e the following new section:

“§ 1044f. Special victim prosecutors: Department of Defense policies; establishment of Offices of Special Victim Prosecutors

“(a) Policies required.—The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish and carry out relating to the activities of special victim prosecutors, including expected milestones for the Secretaries to fully implement such mechanisms and procedures.

“(b) Military department offices of special victim prosecutors.—

“(1) ESTABLISHMENT.—Each Secretary of a military department shall establish within the office of such Secretary an Office of Special Victim Prosecutors. The head of each such Office of Special Victim Prosecutors shall be a general or flag officer of the Judge Advocate General’s Corps an armed force under the jurisdiction of such Secretary and shall report directly to the Secretary concerned without intervening authority.

“(2) ASSIGNMENT OF SPECIAL VICTIM PROSECUTORS.—Notwithstanding section 806 of this title (article 6) each special victim prosecutor and assistant special victim prosecutor detailed by a Judge Advocate General of a military department shall be assigned to an Office of Special Victim Prosecutors established by such Secretary.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by inserting after the item relating to section 1044e the following new item:

“1044f. Special victim prosecutors: Department of Defense policies; establishment of Offices of Special Victim Prosecutors.”.

SEC. 534. Definitions of military magistrate, special victim offense, and special victim prosecutor.

Section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), is amended—

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

“(11) The term ‘military magistrate’ means a commissioned officer certified for duty as a military magistrate in accordance with section 826a of this title (article 26a).”.

(2) by adding at the end the following new paragraphs:

“(17) The term ‘special victim offense’ means—

“(A) an offense under section 917a (article 117a), section 919a (article 119a), section 919b (article 119b), section 920 (article 120), section 925 (article 125), section 920b (article 120b), section 920c (article 120c), section 920d (article 120d), section 928b (article 128b), section 930 (article 130), section 932 (article 132), or section 934 (article 134) (as it relates to child pornography, pandering, and prostitution) of this title;

“(B) any offense under this chapter in a case in which the victim of the offense was a child who had not attained the age of 18 years as of the date of the offense;

“(C) a conspiracy to commit an offense specified in subparagraph (A) or (B) as punishable under section 881 of this title (article 81);

“(D) a solicitation to commit an offense specified in subparagraph (A) or (B) as punishable under section 882 of this title (article 82);

“(E) an attempt to commit an offense specified in subparagraph (A), (B), (C), or (D) as punishable under section 880 of this title (article 80); or

“(18) The term ‘special victim prosecutor’ means a judge advocate detailed as the special victim prosecutor of an armed force in accordance with section 824a(a)(1) of this title (article 24a(a)(1)).

“(19) The term ‘assistant special victim prosecutor’ means a judge advocate detailed as an assistant special victim prosecutor in accordance with section 824a(a)(2) of this title (article 24a(a)(2)).”.

SEC. 535. Clarification relating to who may convene courts-martial.

(a) General courts-martial.—Section 822(b) of title 10, United States Code (article 22(b) of the Uniform Code of Military Justice), is amended—

(1) by striking “If any” and inserting “(1) If any”; and

(2) by adding at the end the following new paragraph:

“(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special victim prosecutor in accordance with this chapter.”.

(b) Special courts-martial.—Section 823(b) of title 10, United States Code (article 23(b) of the Uniform Code of Military Justice), is amended—

(1) by striking “If any” and inserting “(1) If any”; and

(2) by adding at the end the following new paragraph:

“(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special victim prosecutor in accordance with this chapter.”.

SEC. 536. Detail of trial counsel.

Section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection:

“(e) For each general and special court-martial for which charges and specifications were referred by a special victim prosecutor—

“(1) a special victim prosecutor or an assistant special victim prosecutor shall be detailed as trial counsel;

“(2) a special victim prosecutor may detail a special victim prosecutor or an assistant special victim prosecutor as an assistant trial counsel; and

“(3) a special victim prosecutor may request that a counsel other than a special victim prosecutor or assistant special victim prosecutor be detailed as an assistant trial counsel.”.

SEC. 537. Preliminary hearing.

(a) Detail of hearing officer; waiver.—Subsection (a)(1) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended—

(1) in subparagraph (A), by striking “hearing officer” and all that follows and inserting “hearing officer detailed in accordance with subparagraph (C).”;

(2) in subparagraph (B), by striking “written waiver” and all that follows and inserting the following: “written waiver to—

“(i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and

“(ii) with respect to charges and specifications over which the special victim prosecutor is exercising authority in accordance with section 824a of this title (article 24a), the special victim prosecutor and the special victim prosecutor determines that a hearing is not required; and”; and

(3) by adding at the end the following new subparagraph:

“(C) (i) Except as provided in clause (ii), the convening authority shall detail a hearing officer.

“(ii) If a special victim prosecutor is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special victim prosecutor shall request a military judge or military magistrate to serve as the hearing officer, and a military judge or military magistrate shall be provided, in accordance with regulations prescribed by the President.”.

(b) Report of preliminary hearing officer.—Subsection (c) of such section is amended—

(1) in the heading, by inserting “or special victim prosecutor” after “convening authority”; and

(2) in the matter preceding paragraph (1) by striking “to the convening authority” and inserting “to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special victim prosecutor, to the special victim prosecutor,”.

SEC. 538. Advice to convening authority before referral for trial.

Section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), is amended—

(1) in subsection (a)(1) in the matter preceding subparagraph (A) in the first sentence, by striking “Before referral” and inserting “Subject to subsection (c), before referral”;

(2) in subsection (b), by striking “Before referral” and inserting “Subject to subsection (c), before referral”;

(3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;

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

“(c) Special victim offenses.—A referral to a general or special court-martial for trial of charges and specifications over which a special victim prosecutor exercises authority may only be made—

“(1) by a special victim prosecutor; or

“(2) by the convening authority in the case of—

“(A) charges and specifications that do not allege a special victim offense and for which a special victim prosecutor declines to prefer charges; or

“(B) charges and specifications preferred by a person other than a special victim prosecutor, for which a special victim prosecutor declines to refer charges.”; and

(5) in subsection (e), as redesignated by paragraph (3) of this section, by inserting “or, with respect to charges and specifications over which a special victim prosecutor exercises authority in accordance with section 824a of this title (article 24a), a special victim prosecutor,” after “convening authority”.

SEC. 539. Former jeopardy.

Section 844(c) of title 10, United States Code (article 44(c) of the Uniform Code of Military Justice), is amended by inserting “or the special victim prosecutor” after “the convening authority” each place it appears.

SEC. 539A. Plea agreements.

(a) Authority to enter into agreements.—Subsection (a) of section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), is amended—

(1) in paragraph (1), by striking “At any time” and inserting “Subject to paragraph (3), at any time”; and

(2) by adding at the end the following new paragraph:

“(3) With respect to charges and specifications referred to court-martial by a special victim prosecutor, a plea agreement under this section may only be entered into between a special victim prosecutor and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).”.

(b) Binding effect.—Subsection (d) of such section (article) is amended by inserting after “parties” the following: “(including the convening authority and the special victim prosecutor in the case of a plea agreement entered into under subsection (a)(3))”.

SEC. 539B. Determinations of impracticality of rehearing.

(a) Transmittal and review of records.—Section 865(e)(3)(B) of title 10, United States Code (article 65(e)(3)(B) of the Uniform Code of Military Justice), is amended—

(1) by striking “Impractical.—If the Judge Advocate General” and inserting the following: “Impractical.—

“(i) IN GENERAL.—Subject to clause (ii), if the Judge Advocate General”; and

(2) by adding at the end the following new clause:

“(ii) CASES REFERRED BY SPECIAL VICTIM PROSECUTOR.—If a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impractical and shall dismiss the charges if the special victim prosecutor so determines.”.

(b) Courts of criminal appeals.—Section 866(f)(1)(C) of title 10, United States Code (article 66(f)(1)(C) of the Uniform Code of Military Justice), is amended—

(1) by striking “Impracticable.—If the Court of Criminal Appeals” and inserting the following: “Impracticable.—

“(i) IN GENERAL.—Subject to clause (ii), if the Court of Criminal Appeals”; and

(2) by adding at the end the following new clause:

“(ii) CASES REFERRED BY SPECIAL VICTIM PROSECUTOR.—If a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impracticable and shall dismiss the charges if the special victim prosecutor so determines.”.

(c) Review by the court of appeals for the armed forces.—Section 867(e) of title 10, United States Code (article 67(e) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: “Notwithstanding the preceding sentence, if a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impracticable and shall dismiss the charges if the special victim prosecutor so determines.”.

(d) Review by judge advocate general.—Section 869(c)(1)(D) of title 10, United States Code (article 69(c)(1)(D) of the Uniform Code of Military Justice), is amended—

(1) by striking “If the Judge Advocate General” and inserting “(i) Subject to clause (ii), if the Judge Advocate General”; and

(2) by adding at the end the following new clause:

“(ii) If a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impractical and shall dismiss the charges if the special victim prosecutor so determines.”.

SEC. 539C. Punitive article on sexual harassment.

(a) In general.—Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 920c (article 120c) the following new section (article):

“§ 920d. Art. 120d. sexual harassment

“(a) In general.—Any person subject to this chapter who commits sexual harassment against another person shall be punished as a court-martial may direct.

“(b) Elements.—A person subject to this chapter commits sexual harassment when—

“(1) such person knowingly—

“(A) makes a sexual advance;

“(B) demands or requests a sexual favor; or

“(C) engages in other conduct of a sexual nature;

“(2) the conduct described in paragraph (1) that such person committed is unwelcome;

“(3) under the circumstances, on the basis of the record as a whole, such conduct would cause a reasonable person to—

“(A) believe that submission to, or rejection of, such conduct would be made, either explicitly or implicitly, a term or condition of a person’s military duties, job, pay, career, benefits, or entitlements;

“(B) believe that submission to, or rejection of, such conduct would be used as a basis for military career or employment decisions affecting that person; or

“(C) perceive an intimidating, hostile, or offensive duty or working environment due to the severity, repetitiveness, or pervasiveness of such conduct; and

“(4) a person, who by some duty or military-related reason works or is associated with the accused, did reasonably believe or perceive as described in subparagraph (A), (B), or (C) of paragraph (3).

“(c) Other conduct.—For purposes of subsection (b)(1)(C), whether other conduct would cause a reasonable person to believe it is of a sexual nature shall be dependent upon the circumstances of the act alleged and may include conduct that, without context, would not appear to be sexual in nature.

“(d) Location and means of act.—An act constituting sexual harassment under this section—

“(1) may occur at any location and without regard to whether the victim or accused is on or off duty at the time of the alleged act;

“(2) does not require physical proximity between the victim and the accused; and

“(3) may be transmitted through any means, including written, oral, online, or other electronic means.”.

(b) Clerical amendment.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 920c (article 120c) the following new item:

“920d. Art. 120d. Sexual harassment.”.

SEC. 539D. Clarification of applicability of domestic violence and stalking to dating partners.

(a) Article 128b; domestic violence.—Section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), is amended—

(1) in the matter preceding paragraph (1), by striking “Any person” and inserting the following:

“(a) In general.—Any person”.

(2) by inserting “a dating partner,” after “an intimate partner,” each place it appears; and

(3) by adding at the end the following new subsection:

“(b) Definitions.—In this section, the terms dating partner,‘immediate family’, and ‘intimate partner’ have the meaning given such terms in section 930 of this title (article 130).”.

(b) Article 130; stalking.—Section 930 of such title (article 130 of the Uniform Code of Military Justice) is amended—

(1) in subsection (a), by striking “or to his or her intimate partner” each place it appears and inserting “to his or her intimate partner, or to his or her dating partner”;

(2) in subsection (b)—

(A) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and

(B) by inserting after paragraph (2) the following new paragraph:

“(3) The term ‘dating partner’, in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person, and a reasonable person would believe such a relationship exists or existed, based on—

“(A) the length of the relationship;

“(B) the type of relationship; and

“(C) the frequency of interaction between the persons involved in the relationship.”.

SEC. 539E. Effective date.

(a) In general.—Except as provided in subsection (b), the amendments made by this part shall take effect on the date that is two years after the date of the enactment of this Act and shall apply with respect to offenses that occur after that date.

(b) Regulations.—

(1) REQUIREMENT.—The President shall prescribe regulations to carry out this part not later than two years after the date of the enactment of this Act.

(2) IMPACT OF DELAY OF ISSUANCE.—If the President does not prescribe regulations to carry out this part before the date that is two years after the date of the enactment of this Act, the amendments made by this part shall take effect on the date on which such regulations are prescribed and shall apply with respect to offenses that occur on or after that date.

PART 2—Sentencing Reform

SEC. 539F. Sentencing reform.

(a) Article 53; findings and sentencing.—Section 853 of title 10, United States Code (article 53 of the Uniform Code of Military Justice), is amended—

(1) in subsection (b), by amending paragraph (1) to read as follows:

“(1) GENERAL AND SPECIAL COURTS-MARTIAL.—Except as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial.”;

(2) in subsection (c)—

(A) by amending paragraph (1) to read as follows:

“(1) IN GENERAL.—In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death—

“(A) the members shall determine—

“(i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or

“(ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and

“(B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A).”; and

(B) in paragraph (2), by striking “the court-martial” and inserting “the military judge”.

(b) Article 53a; plea agreements.—Section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), as amended by section 539A of this subtitle, is further amended—

(1) by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and

(2) by inserting after subsection (a) the following new subsection:

“(b) Acceptance of plea agreement.—Subject to subsections (c) and (d), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that—

“(1) in the case of an offense with a sentencing parameter under section 856 of this chapter (article 56), the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and

“(2) in the case of an offense with no sentencing parameter under section 856 of this chapter (article 56), the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.”.

(c) Article 56; sentencing.—Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), is amended—

(1) in subsection (c)—

(A) in paragraph (1)—

(i) in subparagraph (C)(vii), by striking “and” at the end;

(ii) in subparagraph (D), by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following new subparagraph:

“(E) the applicable sentencing parameters or sentencing criteria prescribed under this section.”;

(B) by striking paragraphs (2) through (4) and inserting the following new paragraphs:

“(2) APPLICATION OF SENTENCING PARAMETERS IN GENERAL AND SPECIAL COURTS-MARTIAL.—

“(A) REQUIREMENT TO SENTENCE WITHIN PARAMETERS.—Except as provided in subparagraph (B), in a general or special court-martial in which the accused is convicted of an offense for which there is a sentencing parameter under subsection (d), the military judge shall sentence the accused for that offense within the applicable parameter.

“(B) EXCEPTION.—The military judge may impose a sentence outside a sentencing parameter upon finding specific facts that warrant such a sentence. If the military judge imposes a sentence outside a sentencing parameter under this subparagraph, the military judge shall include in the record a written statement of the factual basis for the sentence.

“(3) USE OF SENTENCING CRITERIA IN GENERAL AND SPECIAL COURTS-MARTIAL.—In a general or special court-martial in which the accused is convicted of an offense for which there are sentencing criteria under subsection (d), the military judge shall consider the applicable sentencing criteria in determining the sentence for that offense.

“(4) OFFENSE-BASED SENTENCING IN GENERAL AND SPECIAL COURTS-MARTIAL.—In announcing the sentence under section 853 of this chapter (article 53) in a general or special court-martial, the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently.

“(5) INAPPLICABILITY TO DEATH PENALTY.—Sentencing parameters and sentencing criteria shall not apply to a determination of whether an offense should be punished by death.

“(6) SENTENCE OF CONFINEMENT FOR LIFE WITHOUT ELIGIBILITY FOR PAROLE.— (A) If an offense is subject to a sentence of confinement for life, a court-martial may impose a sentence of confinement for life without eligibility for parole.

“(B) An accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused’s life unless—

“(i) the sentence is set aside or otherwise modified as a result of—

“(I) action taken by the convening authority or the Secretary concerned; or

“(II) any other action taken during post-trial procedure or review under any other provision of subchapter IX of this chapter;

“(ii) the sentence is set aside or otherwise modified as a result of action taken by a court of competent jurisdiction; or

“(iii) the accused receives a pardon or another form of Executive clemency.”;

(2) by redesignating subsection (d) as subsection (e);

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

“(d) Establishment of sentencing parameters and sentencing criteria.—

“(1) IN GENERAL.—The President shall prescribe regulations establishing sentencing parameters and sentencing criteria in accordance with this subsection. Such parameters and criteria—

“(A) shall cover sentences of confinement; and

“(B) may cover lesser punishments, as the President determines appropriate.

“(2) SENTENCING PARAMETERS.—Sentencing parameters established under paragraph (1) shall—

“(A) identify a delineated sentencing range for an offense that is appropriate for a typical violation of the offense, taking into consideration—

“(i) the severity of the offense;

“(ii) the guideline or offense category that would apply to the offense if the offense were tried in a United States district court;

“(iii) any military-specific sentencing factors; and

“(iv) the need for the sentencing parameter to be sufficiently broad to allow for individualized consideration of the offense and the accused;

“(B) include no fewer than five and no more than twelve offense categories;

“(C) assign each offense under this chapter to an offense category unless the offense is identified as unsuitable for sentencing parameters under paragraph (4)(F)(ii);

“(D) delineate the confinement range for each offense category by setting an upper confinement limit and a lower confinement limit; and

“(E) be neutral as to the race, color, religion, national origin, ethnicity, gender, gender identity, disability, sexual orientation, and socioeconomic status of offenders.

“(3) SENTENCING CRITERIA.—Sentencing criteria established under paragraph (1) shall identify offense-specific factors the military judge should consider and any collateral effects of available punishments that may aid the military judge in determining an appropriate sentence when there is no applicable sentencing parameter for a specific offense.

“(4) MILITARY SENTENCING PARAMETERS AND CRITERIA BOARD.—

“(A) IN GENERAL.—There is established within the Department of Defense a board, to be known as the ‘Military Sentencing Parameters and Criteria Board’ (referred to in this subsection as the ‘Board’).

“(B) VOTING MEMBERS.—The Board shall have five voting members, as follows:

“(i) The four chief trial judges designated under section 826(g) of this chapter (article 26(g)), except that, if the chief trial judge of the Coast Guard is not available, the Judge Advocate General of the Coast Guard may designate as a voting member a judge advocate of the Coast Guard with substantial military justice experience.

“(ii) A trial judge of the Navy, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of this chapter (article 26(g)) do not include a trial judge of the Navy.

“(iii) A trial judge of the Marine Corps, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of this chapter (article 26(g)) do not include a trial judge of the Marine Corps.

“(C) NONVOTING MEMBERS.—The Chief Judge of the Court of Appeals for the Armed Forces, the Chairman of the Joint Chiefs of Staff, and the General Counsel of the Department of Defense shall each designate one nonvoting member of the Board.

“(D) CHAIR AND VICE-CHAIR.—The Secretary of Defense shall designate one voting member as chair of the Board and one voting member as vice-chair.

“(E) VOTING REQUIREMENT.—An affirmative vote of at least three members is required for any action of the Board under this subsection.

“(F) DUTIES OF BOARD.—The Board shall have the following duties:

“(i) As directed by the President, the Board shall submit to the President for approval—

“(I) sentencing parameters for all offenses under this chapter (other than offenses that the Board identifies as unsuitable for sentencing parameters in accordance with clause (ii)); and

“(II) sentencing criteria to be used by military judges in determining appropriate sentences for offenses that are identified as unsuitable for sentencing parameters in accordance with clause (ii).

“(ii) Identify each offense under this chapter that is unsuitable for sentencing parameters. The Board shall identify an offense as unsuitable for sentencing parameters if—

“(I) the nature of the offense is indeterminate and unsuitable for categorization; and

“(II) there is no similar criminal offense under the laws of the United States or the laws of the District of Columbia.

“(iii) In developing sentencing parameters and criteria, the Board shall consider the sentencing data collected by the Military Justice Review Panel pursuant to section 946(f)(2) of this chapter (article 146(f)(2)).

“(iv) In addition to establishing parameters for sentences of confinement under clause (i)(I), the Board shall consider the appropriateness of establishing sentencing parameters for punitive discharges, fines, reductions, forfeitures, and other lesser punishments authorized under this chapter.

“(v) The Board shall regularly—

“(I) review, and propose revision to, in consideration of comments and data coming to the Board’s attention, the sentencing parameters and sentencing criteria prescribed under paragraph (1); and

“(II) submit to the President, through the Secretary of Defense, proposed amendments to the sentencing parameters and sentencing criteria, together with statements explaining the basis for the proposed amendments.

“(vi) The Board shall develop means of measuring the degree to which applicable sentencing, penal, and correctional practices are effective with respect to the sentencing factors and policies set forth in this section.

“(vii) In fulfilling its duties and in exercising its powers, the Board shall consult authorities on, and individual and institutional representatives of, various aspects of the military criminal justice system. The Board shall establish separate advisory groups consisting of individuals with current or recent experience in command and in senior enlisted positions, individuals with experience in the trial of courts-martial, and such other groups as the Board deems appropriate.

“(viii) The Board shall submit to the President, through the Secretary of Defense, proposed amendments to the rules for courts-martial with respect to sentencing proceedings and maximum punishments, together with statements explaining the basis for the proposed amendments.

“(ix) The Board may issue non-binding policy statements to achieve the Board’s purposes and to guide military judges in fashioning appropriate sentences, including guidance on factors that may be relevant in determining where in a sentencing parameter a specification may fall, or whether a deviation outside of the sentencing range may be warranted.

“(G) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Board or any advisory group established by the Board.”; and

(4) in subsection (e)(1), as redesignated by paragraph (2) of this subsection—

(A) in subparagraph (A), by striking “or” at the end;

(B) by redesignating subparagraph (B) as subparagraph (C);

“(B) in the case of a sentence for an offense with a sentencing parameter under this section, the sentence is a result of an incorrect application of the parameter; or”; and

(D) in subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by striking “, as determined in accordance with standards and procedures prescribed by the President”.

(d) Article 66; courts of criminal appeals.—Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice) is amended—

(1) in subsection (d)(1)(A), by striking the third sentence; and

(2) by amending subsection (e) to read as follows:

“(e) Consideration of sentence.—

“(1) IN GENERAL.—In considering a sentence on appeal, other than as provided in section 856(e) of this chapter (article 56(e)), the Court of Criminal Appeals may consider—

“(A) whether the sentence violates the law;

“(B) whether the sentence is inappropriately severe—

“(i) if the sentence is for an offense for which there is no sentencing parameter under section 856(d) of this chapter (article 56(d)); or

“(ii) in the case of an offense with a sentencing parameter under section 856(d) of this chapter (article 56(d)), if the sentence is above the upper range of such sentencing parameter;

“(C) in the case of a sentence for an offense with a sentencing parameter under section 856(d) of this chapter (article 56(d)), whether the sentence is a result of an incorrect application of the parameter;

“(D) whether the sentence is plainly unreasonable; and

“(E) in review of a sentence to death or to life in prison without eligibility for parole determined by the members in a capital case under section 853(c) of this chapter (article 53(c)), whether the sentence is otherwise appropriate, under rules prescribed by the President.

“(2) RECORD ON APPEAL.—In an appeal under this subsection or section 856(e) of this chapter (article 56(e)), other than review under subsection (b)(2), the record on appeal shall consist of—

“(A) any portion of the record in the case that is designated as pertinent by any party;

“(B) the information submitted during the sentencing proceeding; and

“(C) any information required by rule or order of the Court of Criminal Appeals.”.

(e) Conforming amendments.—

(1) Section 863(c) of title 10, United States Code (article 63(c) of the Uniform Code of Military Justice) is amended by striking “section 856(d) of this title (article 56(d))” and inserting “section 856(e) of this chapter (article 56(e))”.

(2) Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), as amended by subsection (d), is further amended by striking “section 856(d) of this title (article 56(d))” each place it appears and inserting “section 856(e) of this chapter (article 56(e))”.

(f) Effective date.—

(1) IN GENERAL.—The amendments made by this section shall take effect on the date that is two years after the date of the enactment of this Act and shall apply to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after the date of the enactment of this Act.

(2) IMPLEMENTATION OF SENTENCING PARAMETERS AND CRITERIA.—

(A) IN GENERAL.—The President shall prescribe regulations setting forth the sentencing parameters and criteria required by subsection (d) of section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), as added by subsection (c) of this section.

(B) EFFECTIVE DATES.—The regulations under subparagraph (A) shall take effect on a date determined by the President which shall be not later than four years after the date of enactment of this Act and shall apply only to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date on which the regulations required by subparagraph (A) take effect.

(C) INTERIM AUTHORITY OF JUDGES.—If the regulations required by subparagraph (A) have not been prescribed as of the date on which the amendments made by this section take effect under paragraph (1), each sentence adjudged in accordance with the amendments made by this section and the terms of the effective date under paragraph (1) shall be made as if no sentencing parameter or criteria for that offense has been prescribed until such time as such regulations are issued that include such a sentencing parameter or criteria.

(g) Repeal of secretarial guidelines on sentences for offenses committed under the Uniform Code of Military Justice.—Section 537 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1363; 10 U.S.C. 856 note) is repealed.

PART 3—Reports and Other Matters

SEC. 539G. Report on modification of disposition authority for offenses other than special victim offenses.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility, advisability, and potential effects of modifying chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) to require that determinations as to whether to prefer or refer charges for trial by court-martial for offenses other than special victim offenses must be made by an individual outside of the chain of command of the member subject to the charges rather than by a commanding officer who is in the chain of command of the member.

(b) Elements.—The report under subsection (a) shall include the following:

(1) A review and reassessment of the findings of the Secretary of Defense included in the report submitted under section 540F of the National Defense Authorization Act for Fiscal year 2020 (Public Law 116–92; 133 Stat. 1367 ), taking into account the findings and recommendations of the Independent Review Commission on Sexual Assault in the Military as set forth in the report of the Commission titled “Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military”.

(2) An analysis of any effects, including positive and negative effects, that may result from the modification of disposition authority for offenses as described in subsection (a).

(1) IN GENERAL.—The Secretary of Defense shall establish an independent committee to prepare the report required by this section.

(2) MEMBERS.—Subject to paragraph (3), the committee established under paragraph (1) shall be composed of members who—

(A) are designated by the Secretary of Defense; and

(B) have expertise determined to be relevant by the Secretary

(3) LIMITATION.—No member of an Armed Force or civilian employee of the Department of Defense may serve on the committee established under paragraph (1).

(d) Special victim offense defined.—In this section, the term “special victim offense” means an offense specified in section 801(17) of title 10, United States Code (article 1(17) of the Uniform Code of Military Justice), as added by section 534 of this subtitle.

SEC. 539H. Report on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on status of the implementation of the recommendations specified in subsection (c).

(b) Elements.—The report under subsection (a) shall include the following:

(1) A description of the status of the implementation of each recommendation specified in subsection (c), including—

(A) whether, how, and to what extent the recommendation has been implemented;

(B) any rules, regulations, policies, or other guidance that have been issued, revised, changed, or cancelled as a result of the implementation of the recommendation; and

(2) For each recommendation specified in subsection (c) that has not been fully implemented or superseded by statute as of the date of the report, a plan for the implementation of the recommendation, including identification of—

(A) intermediate actions, milestone dates, and the expected completion date for implementation of the recommendation; and

(B) any rules, regulations, policies, or other guidance that are expected to be issued, revised, changed, or cancelled as a result of the implementation of the recommendation.

(3) Any statutory changes identified as necessary to fully implement the recommendations specified in subsection (c).

(c) Recommendations specified.—The recommendations specified in this subsection are the following, as set forth in the report of the Independent Review Commission on Sexual Assault in the Military titled “Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military”, and dated July 2, 2021:

(1) Each recommendation under the heading “Line of Effort 1: Accountability” as set forth in section III such report.

(2) Each recommendation under the heading “Line of Effort 2: Prevention” as set forth in section III such report.

(3) Each recommendation under the heading “Line of Effort 3: Climate and Culture” as set forth in section III of such report.

(4) Each recommendation under the heading “Line of Effort 4: Victim Care and Support” as set forth in section III of such report.

SEC. 539I. Report on implementation of recommendations and other activities to address racial, ethnic, and gender disparities in the military justice system.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on status of the Secretary’s efforts—

(1) to implement the recommendations set forth in the May 2019 report of the Government Accountability Office titled “Military Justice: DOD and the Coast Guard Need to Improve Their Capabilities to Assess Racial and Gender Disparities” (GAO–19–344); and

(2) to carry out the activities required under section 540I(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1369; 10 U.S.C. 810 note).

subtitle E—Other Sexual Assault-Related Matters

SEC. 541. Independent investigation of complaints of sexual harassment.

(a) In general.—Section 1561 of title 10, United States Code, is amended to read as follows:

“§ 1561. Complaints of sexual harassment: independent investigation

“(a) Action on complaints alleging sexual harassment.—A commanding officer or officer in charge of a unit, vessel, facility, or area of an armed force, who receives, from a member of the command or a member under the supervision of the officer, a formal complaint alleging sexual harassment by a member of the armed forces shall, as soon as practicable after such receipt, forward the complaint to an independent investigator.

“(b) Commencement of investigation.—To the extent practicable, an independent investigator shall commence an investigation of a formal complaint of sexual harassment not later than 72 hours after—

“(1) receiving a formal complaint of sexual harassment forwarded by a commanding officer or officer in charge under subsection (a); or

“(2) receiving a formal complaint of sexual harassment directly from a member of the armed forces.

“(c) Duration of investigation.—To the extent practicable, an investigation under subsection (b) shall be completed not later than 14 days after the date on which the investigation commences.

“(d) Report on investigation.—

“(1) If the investigation cannot be completed within 14 days, not later than the 14th day after the investigation commences, and every 14 days thereafter until the investigation is complete, the independent investigator shall submit to the officer described in subsection (a) a report on the progress made in completing the investigation.

“(2) To the extent practicable, and as soon as practicable upon completion of the investigation, the officer described in subsection (a) shall notify the complainant of the final results of the investigation, including any action taken, or planned to be taken, as a result of the investigation.

“(e) Definitions.—In this section:

“(1) The term ‘formal complaint’ means a complaint—

“(A) that an individual files in writing; and

“(B) in which the individual attests to the accuracy of the information contained in the complaint.

“(2) The term ‘independent investigator’ means a member of the armed forces or a civilian employee of the Department of Defense or the Coast Guard who—

“(A) is outside the chain of command of the complainant and the subject of the investigation; and

“(B) is trained in the investigation of sexual harassment, as determined by—

“(i) the Secretary concerned, in the case of a member of the armed forces;

“(ii) the Secretary of Defense, in the case of a civilian employee of the Department of Defense; or

“(iii) the Secretary of Homeland Security, in the case of a civilian employee of the Coast Guard.

“(3) In this section, the term ‘sexual harassment’ means any of the following:

“(A) Conduct that—

“(i) involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when—

“(I) submission to such conduct is made either explicitly or implicitly a term or condition of a person’s job, pay, or career;

“(II) submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; or

“(III) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment; and

“(ii) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive.

“(B) Any use or condonation, by any person in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, or job of a member of the armed forces or a civilian employee of the Department of Defense or the Coast Guard.

“(C) Any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any member of the armed forces or civilian employee of the Department of Defense or the Coast Guard.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 80 of title 10 United States Code is amended by striking the item relating to section 1561 and inserting the following new item:

“1561. Complaints of sexual harassment: independent investigation.”.

(1) take effect on the date that is two years after the date of the enactment of this Act; and

(2) apply to any investigation of a formal complaint of sexual harassment (as those terms are defined in section 1561 of title 10, United States Code, as amended by subsection (a)) made on or after that date.

(d) Report on implementation.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a report on preparation of that Secretary to implement section 1561 of title 10, United States Code, as amended by subsection (a).

(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term “appropriate congressional committees” means—

(A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and

(B) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

SEC. 542. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial.

Section 549 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 806b note) is amended—

(1) in the section heading, by striking “alleged sexual assault” and inserting “alleged sex-related offense”;

(2) by striking “Under regulations” and inserting “Notwithstanding section 552a of title 5, United States Code, and under regulations”;

(3) by striking “alleged sexual assault” and inserting “an alleged sex-related offense (as defined in section 1044e(h) of title 10, United States Code)”; and

(4) by adding at the end the following new sentence: “Upon such final determination, the commander shall notify the victim of the type of action taken on such case, the outcome of the action (including any punishments assigned or characterization of service, as applicable), and such other information as the commander determines to be relevant.”

SEC. 543. Modifications to annual report regarding sexual assaults involving members of the Armed Forces.

(a) Elimination of sunset and inclusion of demographic information.—

(1) IN GENERAL.—Section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended—

(A) in subsection (a), by striking “through March 1, 2021” and inserting “through March 1, 2026”; and

(B) in subsection (b)—

(i) in paragraph (3), by inserting “the race and ethnicity of the victim and accused,” before “the action”; and

(ii) in paragraph (13)(B), by inserting “, including the race and ethnicity of the victim and accused” before the period at the end.

(2) APPLICABILITY.—The amendments made by paragraph (1) shall apply with respect to reports required to be submitted under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) after the date of the enactment of this Act.

(b) Additional prevalence data.—

(1) IN GENERAL.—Paragraph (8) of section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended to read as follows:

“(8) An analysis and assessment of trends in the incidence, disposition, and prosecution of sexual assaults by units, commands and other competent authorities, and installations during the year covered by the report, including trends relating to—

“(A) the prosecution of incidents and avoidance of incidents; and

“(B) the prevalence of incidents, set forth separately for—

“(i) each installation with 5,000 or more servicemembers;

“(ii) the major career fields of any individuals involved in such incidents, including the fields of combat arms, aviation, logistics, maintenance, administration, and medical; and

“(iii) in the case of the Navy, the operational status (whether sea duty or shore duty) of any individuals involved in such incidents.”.

(2) APPLICABILITY.—The amendment made by paragraph (1) shall apply with respect to reports required to be submitted under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) after January 1, 2023.

SEC. 544. Civilian positions to support Special Victims’ Counsel.

(a) Civilian support positions.—Each Secretary of a military department may establish one or more civilian positions within each office of the Special Victims’ Counsel under the jurisdiction of such Secretary.

(b) Duties.—The duties of each position under subsection (a) shall be—

(1) to provide support to Special Victims’ Counsel, including legal, paralegal, and administrative support; and

(2) to ensure the continuity of legal services and the preservation institutional knowledge in the provision of victim legal services notwithstanding transitions in the military personnel assigned to offices of the Special Victims’ Counsel.

(c) Special Victims’ Counsel defined.—In this section, the term “Special Victims’ Counsel” means Special Victims’ Counsel described in section 1044e of title 10, United States Code, and in the case of the Navy and Marine Corps, includes counsel designated as “Victims’ Legal Counsel”.

SEC. 545. Feasibility study on establishment of clearinghouse of evidence-based practices to prevent sexual assault, suicide, and other harmful behaviors among members of the Armed Forces and military families.

(a) Study.—The Secretary of Defense shall study the feasibility of establishing a single, centralized clearinghouse of evidence-based practices to support the health and well-being of members of the Armed Forces and military families. and reduce harmful behaviors, through the following activities:

(1) Establishment evidentiary standards to provide a common frame of reference for assessing the strength of research evidence.

(2) In consultation with nondepartmental experts, identification of health and well-being domains of interest, including the prevention of—

(A) sexual assault;

(B) harassment;

(D) workplace violence; and

(E) suicide.

(3) Provision of practical guidance about the effectiveness of evidence-based practices, including how they can be implemented and steps for monitoring implementation and changes in behavior.

(b) Report.—Not later than six months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report containing the results of the feasibility study under subsection (a) and related recommendations of the Secretary.

(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The Committee on Armed Services of the House of Representatives.

(2) The Committee on Armed Services of the Senate.

(3) The Committee on Transportation and Infrastructure of the House of Representatives.

(4) The Committee on Commerce, Science, and Transportation of the Senate.

subtitle F—Member Education, Training, and Transition

SEC. 551. Training on consequences of committing a crime in preseparation counseling of the Transition Assistance Program.

(a) Establishment.—Subsection (b) of section 1142 of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(20) Training regarding the consequences to such a member who is convicted of a crime, specifically regarding the loss of benefits from the Federal Government to such member.”.

(b) Implementation date.—The Secretary concerned shall carry out paragraph (20) of such subsection, as added by subsection (a), not later than one year after the date of the enactment of this Act.

(d) Progress briefing.—Not later than 180 days of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives regarding progress of the Secretary in preparing the training under such paragraph.

SEC. 552. Participation of members of the reserve components of the Armed Forces in the Skillbridge program.

Section 1143(e)(2) of title 10, United States Code, is amended to read as follows:

“(2) A member of the armed forces is eligible for a program under this subsection if—

“(A) the member—

“(i) has completed at least 180 days on active duty in the armed forces; and

“(ii) is expected to be discharged or released from active duty in the armed forces within 180 days of the date of commencement of participation in such a program; or

“(B) the member is a member of a reserve component.”.

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

(a) In general.—Chapter 101 of title 10, United States Code, is amended by inserting before section 2002 the following new section:

“§ 2001. Human relations, diversity, equity, and inclusion training

“(a) Human relations, diversity, equity, and inclusion training.—

“(1) The Secretary shall ensure that the Secretary of a military department conducts ongoing training programs regarding human relations, diversity, equity, and inclusion for all covered individuals under the jurisdiction of the Secretary of a military department. Such training shall be tailored to specific leadership levels and local area requirements.

“(2) Matters to be covered by such training include the following:

“(A) Racism.

“(B) Discrimination on the basis of sex (including pregnancy, sexual orientation, and gender identity).

“(C) Discrimination on the basis of age.

“(D) Discrimination on the basis of religion.

“(E) Discrimination on the basis of national origin.

“(F) Discrimination on the basis of color.

“(G) Discrimination on the basis of parental status.

“(H) Conscious and unconscious bias.

“(I) Discrimination based on disability, both physical and mental.

“(J) Failure to provide a reasonable accommodation.

“(K) Whistleblowers and information regarding how to file an equal opportunity complaint.

“(L) Reprisal.

“(M) Harassment and hostile environment.

“(N) Procedures for reporting and obtaining relief for discrimination, retaliation, hostile work environment with respect to each component of the workforce.

“(O) Procedures for appealing Equal Opportunity and Equal Employment Opportunity complaints with respect to each component of the workforce.

“(P) Any other matter the Secretary of Defense determines appropriate.

“(3) Such training shall be provided during the following:

“(A) Initial entry training.

“(B) Annual refresher training.

“(C) Professional military education.

“(D) Peer education.

“(E) Specialized leadership training.

“(F) Any other time the Secretary of Defense determines appropriate.

“(4) The Secretary of Defense shall ensure that such measures are taken to provide appropriate metrics and measurement of these efforts.

“(5) The Secretary of Defense shall ensure that unit commanders are aware of their responsibility to ensure that activity based upon discriminatory motives does not occur in units under their command.

“(b) Information provided to prospective recruits.—The Secretary of Defense shall ensure that a covered individual preparing to enter an officer accession program or to execute an original enlistment agreement or serve as a civilian employee—

“(1) is provided information concerning the meaning of the oath of office or oath of enlistment for service in the armed forces, including conduct expected under such oath; and

“(2) is informed that if supporting such guarantees is not possible personally for that covered individual, then that covered individual should decline to join the Armed Forces.

“(c) Covered individual defined.—In this section, the term ‘covered individual’ includes—

“(1) a member of the Armed Forces;

“(2) a civilian employee of the Department; and

“(3) a contractor or sub-contractor providing support to the Department.”.

(b) Technical and conforming amendments.—

(1) TECHNICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 2002 the following new item:

“2001. Human relations, diversity, equity, and inclusion training.”.

(2) CONFORMING AMENDMENT.—Section 571 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 113 note) is repealed.

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

(a) Expansion of JROTC curriculum.—Paragraph (3) of section 2031(b) of title 10, United States Code, is amended to read as follows:

“(3) the institution provides a course of military instruction of not less than three academic years' duration, as prescribed by the Secretary of the military department concerned—

“(A) which shall include an introduction to service opportunities in military, national, and public service; and

“(B) which may include instruction or activities in the fields of science, technology, engineering, and mathematics;”.

(b) Plan to increase number of JROTC units.—The Secretary of Defense may, in consultation with the Secretaries of the military departments, develop and implement a plan to establish and support not fewer than 6,000 units of the Junior Reserve Officers’ Training Corps by September 30, 2031.

(c) Report required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the Junior Reserve Officers’ Training Corps programs of each Armed Force. The report shall include—

(1) an assessment of the current usage of the program, including the number of individuals enrolled in the program and the number of units established under the program;

(2) a description of the efforts of the Armed Forces to meet current enrollment targets for the program;

(3) an explanation of the reasons such enrollment targets have not been met, if applicable;

(4) a description of any obstacles preventing the Armed Forces from meeting such enrollment targets; and

(5) a comparison of the potential benefits and drawbacks of expanding the program.

SEC. 555. Defense Language Institute Foreign Language Center.

(a) Authority to award bachelor’s degrees.—Section 2168 of title 10, United States Code, is amended—

(1) in the section heading, by striking “Associate” and inserting “Associate or Bachelor”; and

(2) by amending subsection (a) to read as follows:

“(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer—

“(1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or

“(2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 108 of title 10, United States Code, is amended by striking the item relating to section 2168 and inserting the following new item:

“2168. Defense Language Institute Foreign Language Center: degree of Associate or Bachelor of Arts in foreign language.”.

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

(a) United States Military Academy.—

(1) IN GENERAL.—Chapter 753 of title 10, United States Code, is amended by inserting after section 7442 the following new section:

“§ 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate

“(a) Senators.—In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 7442(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned.

“(b) Representatives.—In the event a Representative from a State does not submit nominations for cadets for an academic year in accordance with section 7442(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State from the district of the Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.

“(c) Construction of authority.—Any nomination for cadets made by a Senator pursuant to this section is in addition to any nomination for cadets otherwise authorized the Senator under section 7442 of this title or any other provision of law.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 753 of such title is amended by inserting after the item relating to section 7442 the following new item:

“7442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate.”.

(b) United States Naval Academy.—

(1) IN GENERAL.—Chapter 853 of title 10, United States Code, is amended by inserting after section 8454 the following new section:

“§ 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate

“(a) Senators.—In the event a Senator does not submit nominations for midshipmen for an academic year in accordance with section 8454(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned.

“(b) Representatives.—In the event a Representative from a State does not submit nominations for midshipmen for an academic year in accordance with section 8454(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State from the district of the Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.

“(c) Construction of authority.—Any nomination for midshipmen made by a Senator pursuant to this section is in addition to any nomination for midshipmen otherwise authorized the Senator under section 8454 of this title or any other provision of law.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 853 of such title is amended by inserting after the item relating to section 8454 the following new item:

“8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate.”.

(1) IN GENERAL.—Chapter 953 of title 10, United States Code, is amended by inserting after section 9442 the following new section:

“§ 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate

“(a) Senators.—In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 9442(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned.

“(b) Representatives.—In the event a Representative from a State does not submit nominations for cadets for an academic year in accordance with section 9442(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State from the district of the Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State.

“(c) Construction of authority.—Any nomination for cadets made by a Senator pursuant to this section is in addition to any nomination of cadets otherwise authorized the Senator under section 9442 of this title or any other provision of law.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 953 of such title is amended by inserting after the item relating to section 9442 the following new item:

“9442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate.”.

(d) Report.—Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding implementation of the amendments under this section, including—

(1) the estimate of the Secretary regarding the frequency with which the authorities under such amendments will be used each year; and

(2) the number of times a Member of Congress has failed to submit nominations to the military academies due to death, resignation from office, or expulsion from office.

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

(a) United States Military Academy.—Section 7455 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(i) A majority of the members of the Board may call an official meeting of the Board at any time.”.

(b) United States Naval Academy.—Section 8468 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(i) A majority of the members of the Board may call an official meeting of the Board at any time.”.

(c) United States Air Force Academy.—Section 9455 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(i) A majority of the members of the Board may call an official meeting of the Board at any time.”.

SEC. 558. United States Naval Community College.

(a) Establishment.—Chapter 859 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 8595. United States Naval Community College: establishment and degree granting authority

“(a) Establishment and function.—There is a United States Naval Community College. The primary function of such College shall be to provide—

“(1) programs of academic instruction and professional and technical education for individuals described in subsection (b) in—

“(A) academic and technical fields of the liberal arts and sciences which are relevant to the current and future needs of the Navy and Marine Corps; and

“(B) their practical duties;

“(2) remedial, developmental, or continuing education programs, as prescribed by the Secretary of the Navy, which are necessary to support, maintain, or extend programs under paragraph (1);

“(3) support and advisement services for individuals pursuing such programs; and

“(4) continuous monitoring of the progress of such individuals.

“(b) Individuals eligible for programs.—Subject to such other eligibility requirements as the Secretary of the Navy may prescribe, the following individuals are eligible to participate in programs and services under subsection (a):

“(1) Enlisted members of the Navy and Marine Corps.

“(2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree.

“(3) Civilian employees of the Department of the Navy.

“(4) Other individuals, as determined by the Secretary of the Navy, so long as access to programs and services under subsection (a) by such individuals is—

“(A) in alignment with the mission of the United States Naval Community College; and

“(B) determined to support the mission or needs of the Department of the Navy.

“(c) Degree and credential granting authority.—

“(1) IN GENERAL.—Under regulations prescribed by the Secretary of the Navy, the head of the United States Naval Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or academic credentials upon graduates who meet the degree or credential requirements.

“(2) LIMITATION.—A degree or credential may not be conferred under this subsection unless—

“(A) the Secretary of Education has recommended approval of the degree or credential in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

“(B) the United States Naval Community College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree or credential, as determined by the Secretary of Education.

“(3) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—

“(A) When seeking to establish degree or credential granting authority under this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—

“(i) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and

“(ii) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree or credential granting authority.

“(B) Upon any modification or redesignation of existing degree or credential granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

“(C) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Naval Community College to award any new or existing degree or credential.

“(d) Civilian faulty members.—

“(1) AUTHORITY OF SECRETARY.—The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the United States Naval Community College as the Secretary considers necessary.

“(2) COMPENSATION.—The compensation of persons employed under this subsection shall be prescribed by the Secretary of the Navy.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 859 of title 10, United States Code, is amended by adding at the end the following new item:

“8595. United States Naval Community College: establishment and degree granting authority.”.

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

(a) In general.—Chapter 951 of title 10, United States Code, is amended by inserting before section 9414 the following new section:

“§ 9413. United States Air Force Institute of Technology: establishment

“There is in the Department of the Air Force a United States Air Force Institute of Technology, the purposes of which are to perform research and to provide, to members of the Air Force and Space Force (including the reserve components) and civilian employees of such Department, advanced instruction and technical education regarding their duties.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting, before the item relating to section 9414, the following new item:

“9413. United States Air Force Institute of Technology: establishment.”.

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

(a) Clarification regarding definition of rights and benefits.—Section 4303(2) of title 38, United States Code, is amended—

(1) by inserting “(A)” before “The term”; and

(2) by adding at the end the following new subparagraph:

“(B) Any procedural protections or provisions set forth in this chapter shall also be considered a right or benefit subject to the protection of this chapter.”.

(b) Clarification regarding relation to other law and plans for agreements.—Section 4302 of such title is amended by adding at the end the following:

“(c) (1) Pursuant to this section and the procedural rights afforded by subchapter III of this chapter, any agreement to arbitrate a claim under this chapter is unenforceable, unless all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration.

“(2) For purposes of this subsection, consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of this chapter as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment.”.

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

Section 565 of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 8431 note prec.) is amended—

(1) in the heading, by inserting “and Officer Candidates School” after “Depots”;

(2) in subsection (a)(1)—

(A) by striking “training” and inserting “no training platoon” ; and

(B) by striking “not”;

(3) in subsection (b)(1)—

(A) by striking “training” and inserting “no training platoon” ; and

(B) by striking “not”; and

(4) by adding at the end the following new subsections:

“(c) New location.—No training platoon at a Marine Corps recruit depot established after the date of the enactment of this Act may be segregated based on gender.

“(d) Officer Candidates School.—

“(1) PROHIBITION.—Subject to paragraph (2), training at Officer Candidates School, Quantico, Virginia, may not be segregated based on gender.

“(2) DEADLINE.—The Commandant of the Marine Corps shall carry out this subsection not later than five years after the date of the enactment of this Act.”.

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

(a) Regulations required.—

(1) IN GENERAL.—Each Secretary concerned shall prescribe by regulation policies ensuring that the parental guardianship rights of cadets and midshipmen are protected consistent with individual and academic responsibilities.

(2) PROTECTION OF PARENTAL GUARDIANSHIP RIGHTS.—The regulations prescribed under paragraph (1) shall provide that—

(A) a cadet or midshipman of a covered service academy may not be required to give up such cadet or midshipman’s parental guardianship rights in the event of a pregnancy occurring after the beginning of such cadet or midshipman's first day of academic courses;

(B) except as provided under paragraph (3), a covered service academy may not involuntarily dis-enroll a cadet or midshipman who becomes pregnant or fathers a child while enrolled at such academy after the first day of academic courses; and

(C) a cadet or midshipman who becomes pregnant or fathers a child while enrolled at a covered service academy shall be allowed to take leave for up to one year and return to the academy to resume classes afterward.

(3) RESPONSIBILITIES OF PARENTS ENROLLED AT COVERED SERVICE ACADEMIES.—The regulations prescribed under paragraph (1) shall require cadets and midshipmen with dependents to establish a family care plan in consultation with and approved by appropriate academy leadership. The family care plan shall—

(A) designate a full-time care provider, such as another parent or guardian of the dependent or a family member of the cadet or midshipman, who shall—

(i) be responsible for the dependent;

(ii) not be enrolled at a covered service academy; and

(iii) have either full power-of-attorney or guardianship rights in order to prevent situations where such cadet or midshipman is pulled away from such cadet or midshipman’s duties and responsibilities at the covered service academy;

(B) ensure that such cadet or midshipman—

(i) does not rely on base facilities or child-care services and is able to function as any other cadet or midshipman, including residing in covered service academy dormitories;

(ii) except as provided under paragraphs (4) and (5)(B)(i), does not receive additional compensation benefits or concessions from the covered service academy on account of having a dependent, including money, leave, or liberty;

(iii) is not be excused on account of such dependent from standard classes, training, traveling, fitness requirements, or any other responsibilities inherent to attending a covered service academy; and

(C) ensure, that if both parents of a dependent are cadets or midshipmen at a covered service academy, the parents shall agree on the family care plan or face expulsion (with no incurred obligations).

(4) OPTIONS FOR PREGNANT CADETS AND MIDSHIPMEN.—The regulations prescribed under paragraph (1) shall provide that females becoming pregnant while enrolled at a covered service academy shall have, at a minimum, the following options:

(A) At the conclusion of the current semester or when otherwise deemed medically appropriate, taking leave from the covered service academy for up to one year followed by a return to full cadet or midshipman status.

(B) Seek a transfer to a university with a Reserve Officers’ Training Corps for the Armed Force under the military department concerned.

(D) Enlistment in active-duty service, with all of the attendant benefits.

(5) TREATMENT OF MALES FATHERING A CHILD WHILE ENROLLED AT COVERED SERVICE ACADEMIES.—The regulations prescribed under paragraph (1) shall provide that males fathering a child while enrolled at a covered service academy—

(A) shall not be required to give up parental rights; and

(B) shall not acquire any benefits or leave considerations as a result of fathering a child, except that—

(i) academy leadership shall establish policies to allow cadets and midshipmen at least one week of leave to attend the birth of such child, which must be used in conjunction with the birth; and

(ii) in the event the male father becomes the sole financial provider for a dependent, the academy shall provide the father the same options available to a cadet or midshipman who becomes a mother while enrolled, including remaining enrolled in accordance with a family care plan established pursuant to paragraph (3) or selecting one of the options specified in subparagraphs (B) and (C) of paragraph (4).

(6) RULE OF CONSTRUCTION.—Nothing in this section shall be construed as requiring or providing for the changing of admission requirements at any of the covered service academies.

(b) Definitions.—In this section:

(1) The term “covered service academy” means the following:

(A) The United States Military Academy, West Point, New York.

(B) The United States Naval Academy, Annapolis, Maryland.

(D) The United States Coast Guard Academy, New London, Connecticut.

(E) The United States Merchant Marine Academy, Kings Point, New York.

(2) The term “Secretary concerned” means—

(A) with respect to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy, the Secretary of Defense, in consultation with the Secretaries of the military departments and the Superintendent of each such academy;

(B) with respect to the United States Coast Guard Academy, the Secretary of Homeland Security, in consultation with the Commandant of the Coast Guard and the Superintendent of the Coast Guard Academy; and

(C) with respect to the United States Merchant Marine Academy, the Secretary of Transportation, in consultation with the Administrator of the Maritime Administration and the Superintendent of the Merchant Marine Academy.

SEC. 559D. Defense language continuing education program.

(a) In general.—Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall coordinate with the Director of the Defense Intelligence Agency to designate an executive agent for commercially available advanced foreign language training to meet operational readiness requirements of the Department of Defense.

(b) Elements.—The executive agent designated in subsection (a) shall be responsible for the following:

(1) Developing policies, procedures, and curricula to allow for continuing language training when linguists transition to operational environments from education or training environments, such as the Defense Language Institute, the Defense Language and National Security Education Office, or service-based training.

(2) Identifying the resourcing requirements necessary for each armed force to have access to the following foreign language training elements:

(A) A foreign language and current culture training and maintenance virtual immersion program covering strategic languages (as designated by the Federal Government), with a range of multimedia materials including—

(i) current and authentic copyrighted multimedia content (video, audio, print, etc.), in multiple genres, that have been cleared for legal use;

(ii) foreign-originated newscasts and interviews with foreign speakers; and

(iii) any other content determined by the executive agent to be necessary for personnel to acquire proper vocabulary, phraseology, and enhanced understanding of the nuances associated with foreign cultures.

(B) Anytime accessibility, both on-line and via mobile device.

(C) Training programs with success proven by previous partnerships with academic institutions in the United States or other departments and agencies of the Federal Government.

(c) Reimbursement authority.—Not later than 180 days after the date of the enactment of this Act, the executive agent, in coordination with the chief of each covered Armed Force, shall establish a procedure through which the Armed Force shall reimburse any organization of the Department of Defense that provides instruction under this section to members of that Armed Force for the costs of such instruction.

(d) Covered Armed Force defined.—In this section, the term “covered Armed Force” means the Army, Navy, Air Force, Marine Corps, and Space Force.

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

(a) Establishment.—The Secretary of Defense, acting through the Chairman of the Joint Chiefs of Staff and in consultation with the Under Secretary of Defense for Personnel and Readiness, may establish and maintain a public-private consortium (referred to in this section as the “Consortium”) to improve and broaden professional military education for military officers and civilian employees of the Federal Government.

(b) Directors.—

(1) IN GENERAL.—The President of the National Defense University and the head of a civilian institution of higher education appointed in accordance with paragraph (3) shall serve as co-directors of the Consortium.

(2) RESPONSIBILITIES OF CO-DIRECTORS.—The co-directors shall be responsible for—

(A) the administration and management of the Consortium; and

(B) developing a common curriculum for professional military education using input received from members of the Consortium.

(3) APPOINTMENT OF CO-DIRECTOR FROM CIVILIAN INSTITUTION.—Not later than June 1, 2022, the Secretary of Defense shall appoint an individual who is the President or Chancellor of a civilian institution of higher education to serve as co-director of the Consortium as described in paragraph (1).

(4) TERM OF CO-DIRECTOR.—The co-director appointed under paragraph (3) shall serve an initial term of five years. The Secretary of Defense may reappoint such co-director for one or more additional terms of not more than five years, as the Secretary determines appropriate.

(5) AUTHORITY.—In the event that a conflict arises between co-directors of the Consortium, the conflict shall be resolved by the Director for Joint Force Development of the Joint Chiefs of Staff (J–7).

(1) Bring the military education system (including military service academies, institutions that provide professional military education, and other institutions the provide military education) together with a broad group of civilian institutions of higher education, policy research institutes, and the commercial sector to develop and continually update a research-based curriculum to prepare early career, mid-career, and senior military officers and civilian employees of the Federal Government to succeed in an era that will be predominantly defined by great power competition and in which security challenges will transcend the traditional areas of defense expertise, becoming more complex and inter-related than before, with disruptions that will manifest rapidly and with little warning.

(2) Train military officers and civilian educators serving in the joint professional military education system to implement the curriculum developed under paragraph (2) at the institutions they serve.

(3) On a regular basis, make recommendations to the Secretary about how the joint professional military education system should be modified to meet the challenges of apparent or possible future defense, national security, and international environments.

(d) Members.—The Consortium shall be composed of representatives selected by the Secretary of Defense from the following organizations:

(1) Organizations within the joint professional military education system.

(2) Military service academies.

(3) Other institutions of the Federal Government that provide military education.

(4) Civilian institutions of higher education.

(5) Private sector and government policy research institutes.

(6) Organizations in the commercial sector, including organizations from the industrial, finance, and technology sectors.

(e) Annual report.—Not later than September 30, 2023, and annually thereafter, the co-directors of the Consortium shall submit to the Secretary of Defense and the appropriate congressional committees a report that describes the activities carried out by the Consortium during the preceding year.

(f) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and

(B) the Committee on Armed Services and the Committee on the Environment and Public Works of the Senate.

(2) The term “civilian institution of higher education” means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that is not owned or controlled by the Federal Government.

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

(a) Establishment.—Not later than September 30, 2022, the Secretary of the Navy shall establish standards and procedures (subject to subsection (b)) by which a Navy surface warfare officer or enlisted member of the Navy who serves in a bridge or engine department may be issued a merchant mariner credential in accordance with part E of subtitle II of title 46, United States Code, including—

(1) a merchant mariner credential with a national officer endorsement under section 10.109(a) of title 46, Code Federal Regulations, as in effect on the date of the enactment of this Act;

(2) a national rating endorsement under subsection (b) or (c) of section 10.109 of such title; or

(3) a Standards of Training, Certification, and Watchkeeping endorsement under section 10.109 (d) of such title.

(b) Stringency.—In no case shall the standards described in subsection (a) be less stringent than the standards applied by the Army, Military Sealift Command, or Coast Guard vessel operators.

(c) Report.—Upon establishment under subsection (a), the Secretary of the Navy shall submit to the appropriate congressional committees a report that updates the military-to-mariner transition provided in response to section 568 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) that includes—

(1) a description of the how the training program for surface warfare officers exceeds the minimum requirements for a merchant mariner credential with an appropriate endorsement—

(A) meets the requirements for a merchant mariner credential with an appropriate endorsement; and

(B) exceeds such requirements;

(2) a list of the proposed naval curriculum courses that have been submitted to the National Maritime Center for course credentialing approval; and

(3) a timeline for—

(A) all personnel described in subsection (b)(1) to be qualified to be issued merchant mariner credentials with national officer and ratings endorsements; and

(B) 50 percent of such personnel to receive such credential with Standards of Training, Certification, and Watchkeeping endorsement.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The congressional defense committees (as that term is defined in section 101 of title 10, United States Code).

(2) The Committee on Transportation and Infrastructure of the House of Representatives.

(3) The Committee on Commerce, Science, and Transportation of the Senate.

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

(a) Report.—

(1) IN GENERAL.—Not later than July 1, 2022, the Secretary of Defense, in consultation with 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 setting forth the results of a review and assessment of the definition of professional military education in the Department of Defense and the military departments as specified in subsection (c).

(2) ELEMENTS.—The report under this subsection shall include the following elements:

(A) A consolidated summary of all definitions of the term “professional military education” used in the Department of Defense and the military departments.

(B) A description of how such term is used in the Department of Defense in educational institutions, associated schools, programs, think tanks, research centers, and support activities.

(i) applies to tactical, operational, and strategic settings; and

(ii) is linked to mission requirements.

(D) An analysis of how professional military education has been applied and linked through all levels of Department of Defense education and training.

(E) The applicability of professional military education to the domains of warfare, including land, air, sea, space, and cyber.

(F) With regards to online and virtual learning in professional military education—

(i) an analysis of the use of such learning; and

(ii) student satisfaction in comparison to traditional classroom learning.

(b) Definition.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, using the report under subsection (a), shall standardize the definition of “professional military education” across the military departments and the Department of Defense.

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

(a) Study.—Not later than April 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall conduct a study on training and courses of education offered to covered members regarding—

(1) sexual assault;

(2) sexual harassment;

(3) extremism;

(4) domestic violence;

(5) diversity, equity, and inclusion;

(6) military equal opportunity;

(7) suicide prevention; and

(8) substance abuse.

(b) Elements.—The study under subsection (a) shall identify, with regard to each training or course of education, the following:

(1) Sponsor.

(2) Location.

(3) Method.

(4) Frequency.

(5) Number of covered members who have participated.

(6) Legislation, regulation, instruction, or guidance that requires such training or course (if applicable).

(7) Metrics of—

(A) performance;

(B) effectiveness; and

(8) Responsibilities of the Secretary of Defense or Secretary of a military department to—

(A) communicate with non-departmental entities;

(B) process feedback from trainers, trainees, and such entities;

(D) connect such training or course to other training regarding social reform and unhealthy behavior.

(9) Analyses of—

(A) whether the metrics described in paragraph (7) are standardized across the military departments;

(B) mechanisms used to engage non-departmental entities to assist in the development of such training or courses;

(D) how each training or courses is intended to change behavior; and

(E) costs of such training and courses.

(10) Recommendations of the Secretary of Defense to improve such training or courses, including the estimated costs to implement such improvements.

(11) Any other information the Secretary of Defense determines relevant.

(c) Report.—Not later than July 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study under this section.

(d) Covered member defined.—In this section, the term “covered member” means a member of an Armed Force under the jurisdiction of the Secretary of a military department.

subtitle G—Military Family Readiness and Dependents’ Education

SEC. 561. Establishment of Exceptional Family Member Program Advisory Council.

(a) Establishment.—Chapter 7 of title 10, United States Code, is amended by inserting before section 187 the following new section 186:

“§ 186. Exceptional Family Member Program Advisory Council

“(a) Establishment.—There is an Exceptional Family Member Program Advisory Council in the Department of Defense (in this section referred to as the ‘Council’).

“(b) Purpose.—The Council shall provide, to the Secretary and the chiefs of the covered armed forces, recommendations regarding how to improve the Exceptional Family Member Program. The Council shall provide such recommendations not less than once every six months.

“(c) Composition.—The Council shall be composed of the following:

“(1) One member of each covered armed force—

“(A) serving on active duty;

“(B) who has a dependent—

“(i) enrolled in the Exceptional Family Member Program; and

“(ii) with an individualized education program; and

“(C) appointed by the Vice Chief of Staff of the covered armed force concerned.

“(2) Two military spouses—

“(A) of members eligible to be appointed under paragraph (1);

“(B) who are not civilian employees of the Department of Defense;

“(C) one of whom is married to an enlisted member and one of whom is married to an officer; and

“(D) appointed by the Vice Chief of Staff of the covered armed force concerned.

“(3) One adult dependent—

“(A) enrolled in the Exceptional Family Member Program; and

“(B) appointed by the Vice Chief of Staff of the covered armed force concerned.

“(4) One representative of the Exceptional Family Member Program Coalition.

“(5) One member of the Defense Health Agency.

“(6) One member of the Department of Defense Education Activity.

“(7) One member of the Office of Special Needs.

“(d) Appointments.—In making appointments under subsection (c), the Vice Chief of Staff of the covered armed force concerned shall seek to represent the diversity of the disability community.

“(e) Terms.—Each member of the Council shall serve a term of two years, except one of the original members appointed under subsection (c)(2), selected by the Secretary of Defense at the time of appointment, one shall be appointed for a term of three years.

“(f) Meetings.—The Council shall meet at least once every calendar quarter, in person or by teleconference.

“(g) Covered armed force defined.—In this section, the term ‘covered armed force’ means an armed force under the jurisdiction of the Secretary of a military department.”.

(b) Technical and conforming amendments.—

(1) TABLE OF SECTIONS.—The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 187 the following new item:

“186. Exceptional Family Member Program Advisory Council.”.

(2) TERMINATION OF ADVISORY PANEL ON COMMUNITY SUPPORT FOR MILITARY FAMILIES WITH SPECIAL NEEDS.—Section 563 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1781c note) is amended by striking subsection (d).

SEC. 562. Non-medical counseling services for military families.

Section 1781 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(d) Non-medical counseling services.— (1) In carrying out its duties under subsection (b), the Office may coordinate programs and activities for the provision of non-medical counseling services to military families through the Department of Defense Family Readiness System.

“(2) Notwithstanding any other provision of law, a mental health care provider described in paragraph (3) may provide non-medical counseling services at any location in a State, the District of Columbia, or a territory or possession of the United States, without regard to where the provider or recipient of such services is located, if the provision of such services is within the scope of the authorized Federal duties of the provider.

“(3) A mental health care provider described in this subsection is a person who is—

“(A) a currently licensed mental health care provider who holds a license that is—

“(i) issued by a State, the District of Columbia, or a territory or possession of the United States; and

“(ii) recognized by the Secretary of Defense;

“(B) a member of the armed forces, a civilian employee of the Department of Defense, or a contractor designated by the Secretary; and

“(C) performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1).

“(4) In this subsection, the term ‘non-medical counseling services’ means mental health care services that are non-clinical, short-term and solution focused, and address topics related to personal growth, development, and positive functioning.”.

SEC. 563. Expansion of support programs for special operations forces personnel and immediate family members.

(a) In general.—Section 1788a(e) of title 10, United States Code, is amended—

(1) in paragraph (4), by striking “covered personnel” and inserting “covered individuals”; and

(2) in paragraph (5)—

(A) by striking “covered personnel” and inserting “covered individuals”;

(B) in subparagraph (B), by striking “and” at the end;

(D) by adding at the end the following new subparagraph:

“(D) immediate family members of individuals described in subparagraphs (A) or (B) in a case in which such individual died—

“(i) as a direct result of armed conflict;

“(ii) while engaged in hazardous service;

“(iii) in the performance of duty under conditions simulating war; or

“(iv) through an instrumentality of war.”.

SEC. 564. Clarification of qualifications for attorneys who provide legal services to families enrolled in the Exceptional Family Member Program.

Section 582(b)(7) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended, in the matter preceding subparagraph (A), by striking “in education law” and inserting “and with experience in the practice of education law in the State in which the military installation is located (and any other State or States in which a significant portion of the personnel assigned to such military installation reside)”.

SEC. 565. Improvements to the Exceptional Family Member Program.

(a) Verification of suitability of housing and educational institutions.—Section 582(c)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by inserting “, and to verify that housing and at least one school near such military installation is suitable for the dependent with special needs of such covered member” before the period at the end.

(b) Expansion of advisory panel on community support for military families with special needs.—Section 563(d)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1781c note) is amended—

(1) by striking “seven” and inserting “nine”;

(2) by inserting “, appointed by the Secretary of Defense,” after “individuals”;

(3) by inserting “each” before “a member”;

(4) by striking the second sentence; and

(5) by adding “One such individual shall be the spouse of an enlisted member and one such individual shall be the spouse of an officer in a grade below O-6.” at the end.

(c) Relocation.—The Secretary of the military department concerned shall, if such Secretary determines it feasible, permit a covered member who receives permanent change of station orders to elect, not later than 14 days after such receipt, from at least two locations that provide support for the dependent of such covered member with a special need.

(d) Scanning of DD Form 2792.—The Secretary of a military department shall require that a DD Form 2792 completed by a covered member is scanned and uploaded to the electronic health record of the dependent described in such DD Form 2792.

(e) Covered member defined.—In this section, the term “covered member” means a member of an Armed Force—

(1) under the jurisdiction of the Secretary of a military department; and

(2) with a dependent with a special need.

SEC. 566. Database of next of kin of deceased members of the Armed Forces.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations that establish and maintain a database of the Department of Defense that contains up-to-date contact information for the next of kin of members of the Armed Forces under the jurisdiction of the Secretaries of the military departments. Such regulations shall ensure that—

(1) a commander in a grade higher than O-5 may access the contact information for the next of kin of a member who died while a member of the unit under the command of such commander, regardless of whether such member served under such commander; and

(2) an individual named in such database may—

(A) elect to not be contacted by an officer described in paragraph (1); and

(B) change such election at any time.

SEC. 567. Policy regarding remote military installations.

(a) Policy.—Not later than April 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a uniform policy for how to—

(1) identify remote military installations; and

(2) assess and manage challenges associated with remote military installations.

(b) Elements.—The policy under subsection (a) shall address the following:

(1) Activities and facilities for the morale, welfare, and recreation of members of the Armed Forces.

(2) Availability of housing, located on and off remote military installations.

(3) Educational services for dependents of members of the Armed Forces, located on and off remote military installations.

(4) Availability of health care.

(5) Employment opportunities for military spouses.

(6) Risks associated with having insufficient support services for members of the Armed Forces and their dependents.

(c) Report.—Not later than July 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth—

(1) the policy under this section; and

(2) an implementation plan for the policy.

(d) Military installation defined.—In this section, the term “military installation” has the meaning given that term in section 2801 of title 10, United States Code.

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

(a) Authorization.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a feasibility study on the establishment of a program under which the military spouse of a covered member may leave a covered child with a child care employee—

(1) at the military child development center of the military installation that is the permanent duty station of such covered member;

(2) during the normal hours of operation of the military child development center at which such child care employee is employed; and

(3) for not more than two hours per week.

(b) Report.—Not later than September 30, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding the results of the study under subsection (a).

(1) The terms “child care employee” and “military child development center” have the meanings given such terms in section 1800 of title 10, United States Code.

(2) The term “covered child” means the dependent child of a covered member—

(A) younger than seven years of age; and

(B) who does not regularly receive child care services at a military child development center.

(3) The term “covered member” means a member of the Armed Forces performing active duty for a period of more than 30 days at a location other than the permanent duty station of such member.

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

Not later than 180 days after the date of the enactment of this Act, and 180 days thereafter, the Comptroller General of the United States shall submit to the congressional defense committees a report on employment discrimination against military spouses by civilian employers, including on the basis of military spouse status. Such report shall include an assessment of the following:

(1) The feasibility of policy solutions to prevent such discrimination, including—

(A) by amending the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103–353) to ensure that military spouses are covered under such Act; and

(B) by including military spouses as a protected class for the purpose of laws relating to employment discrimination.

(2) Potential differential effects of such discrimination across race and gender, to determine if military spouses who are people of color are subject to intersectional discrimination.

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

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on how and the extent to which commanders of military installations connect military families with local nonprofit and government entities that provide services to military families, including assistance with housing.

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

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Commander of United States Special Operations Command shall submit to the congressional defense committees a report on POTFF.

(b) Elements.—The report under this section shall include the following:

(1) An assessment of the human performance domain of current programs and activities, including—

(A) physical conditioning;

(B) exercise physiology;

(D) nutrition guidance;

(E) rehabilitative support (including physical therapy); and

(F) mental skills training (including sports psychology).

(2) A description of efforts of the Commander to assess the unique needs of members of special operations forces, including women and minorities.

(3) An assessment of the effectiveness of POTFF in addressing such unique needs.

(4) Plans of the Commander to improve POTFF to better address such unique needs.

(1) The term “POTFF” means the Preservation of the Force and Family Program of United States Special Operations Command under section 1788a of title 10, United States Code.

(2) The term “special operations forces” means the forces described in section 167(j) of title 10, United States Code.

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

(a) Review.—Not later than April 1, 2022, the Comptroller General of the United States shall conduct a review of POTFF and submit to the appropriate committees a report containing the results of such review.

(b) Elements.—The report under this section shall include the following:

(1) An assessment of the sufficiency of the human performance domain of current programs and activities of POTFF.

(2) A description of efforts of the Commander of United States Special Operations Command to assess the unique needs of members of special operations forces, including women and minorities.

(3) A description of plans of the Commander to improve POTFF to better address the unique needs of members of special operations forces.

(4) Changes in costs to the United States to operate POTFF since implementation.

(5) Rates of participation in POTFF, including—

(A) the number of individuals who participate;

(B) frequency of use by such individuals; and

(6) Methods by which data on POTFF is collected and analyzed.

(7) Outcomes used to determine the effects of POTFF on members of special operations forces and their immediate family members, including a description of the effectiveness of POTFF in addressing unique needs of such individuals.

(c) Briefing.—Not later than January 31, 2022, the Comptroller General shall provide to the appropriate committees a briefing on the preliminary findings of the Comptroller General under the review under this section.

(d) Definitions.—In this section:

(1) The term “appropriate committees” means the Committees on Armed Services of the Senate and House of Representatives.

(2) The term “POTFF” means the Preservation of the Force and Family Program of United States Special Operations Command under section 1788a of title 10, United States Code.

(3) The term “special operations forces” means the forces described in section 167(j) of title 10, United States Code.

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

(a) Assistance to schools with significant numbers of military dependent students.—Of the amount authorized to be appropriated for fiscal year 2022 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(b) Impact aid for children with severe disabilities.—Of the amount authorized to be appropriated for fiscal year 2022 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $20,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).

(c) Local educational agency defined.—In this section, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

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

(a) Certification.—On an annual basis, each commander of a military installation under the jurisdiction of the Secretary of a military department shall submit to such Secretary a written certification verifying whether the commander has confirmed the information contained in all impact aid source check forms received from local educational agencies as of the date of such certification.

(b) Report.—Not later June 30 of each year, each Secretary of a military department shall submit to the congressional defense committees a report, based on the information received under subsection (a), that identifies—

(1) each military installation under the jurisdiction of such Secretary that has confirmed the information contained in all impact aid source check forms received from local educational agencies as of the date of the report; and

(2) each military installation that has not confirmed the information contained in such forms as of such date.

(1) Term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.

(2) The term “impact aid source check form” means a form submitted to a military installation by a local educational agency to confirm the number and identity of children eligible to be counted for purposes of the Federal impact aid program under section 7003(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)).

(3) The term “local educational agency” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

subtitle H—Diversity and Inclusion

SEC. 571. Information on female and minority participation in military service academies and the Senior Reserve Officers’ Training Corps.

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

(1) in subsection (c)(2), by inserting before the semicolon the following: “, including the status of diversity and inclusion in the military service academies and the Senior Reserve Officers’ Training Corps programs of such department”;

(2) in subsection (l)(2)—

(A) in subparagraph (D), by inserting “(including through the military service academies and the Senior Reserve Officers’ Training Corps)” after “into the armed forces”; and

(B) in subparagraph (E), by inserting “, attendance at military service academies, and enrollment in the Senior Reserve Officers’ Training Corps that” before “is representative”; and

(3) in subsection (m)—

(A) by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; and

(B) by inserting after paragraph (4) the following new paragraph:

“(5) The number of cadets and midshipmen from the Senior Reserve Officers’ Training Corps of each armed force who are expected to be commissioned into the armed forces during the fiscal year covered by such report, disaggregated by gender, race, and ethnicity.”.

SEC. 572. Surveys on diversity, equity, and inclusion and annual reports on sexual assaults and racial and ethnic demographics in the military justice system.

(a) Modification of content of certain surveys.—

(1) ARMED FORCES SURVEYS.—Section 481 of title 10, United States Code, is amended—

(A) in subsection (a)—

(i) in paragraph (1) by striking the second sentence;

(ii) in paragraph (3) by striking “Equal Opportunity” and inserting “Diversity, Equity, and Inclusion”;

(B) in subsection (b)—

(i) in the subsection heading, by striking “Equal opportunity” and inserting “Diversity, Equity, and Inclusion”;

(ii) in the matter preceding paragraph (1), by striking “Equal Opportunity” and inserting “Diversity, Equity, and Inclusion”; and

(iii) by adding at the end the following new paragraphs:

“(4) Identifying and assessing the extent of activity among such members that may be seen as ‘hate group’ activity.

“(5) Whether respondents have, in the preceding year—

“(A) experienced or witnessed extremist, racist, anti-Semitic, or supremacist activity in the workplace; or

“(B) reported such activity.”;

(i) by redesignating paragraph (5) as paragraph (6); and

(ii) by inserting after paragraph (4) the following new paragraph:

“(5) Identifying and assessing the extent of activity among such members that may be seen as ‘hate group’ activity.”;

(D) by redesignating subsection (f) as subsection (g); and

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

“(f) Publication.—The Secretary of Defense shall—

“(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (e); and

“(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.”.

(2) CIVILIAN EMPLOYEE SURVEYS.—Section 481a of title 10, United States Code, is amended—

(A) in subsection (b)—

(i) by redesignating paragraph (5) as paragraph (7); and

(ii) by inserting after paragraph (4) the following new paragraphs:

“(5) Identifying and assessing the extent (if any) of activity among such employees that may be seen as so-called ‘hate group’ activity.

“(6) Whether respondents have, in the preceding year—

“(A) experienced or witnessed extremist, racist, anti-Semitic, or supremacist activity in the workplace; or

“(B) reported such activity.”; and

(B) by adding at the end the following new subsection:

“(e) Publication.—The Secretary of Defense shall—

“(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsection (c); and

“(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.”.

(3) PREVALENCE OF OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE.—Section 481(b) of title 10, United States Code, as amended by paragraph (1) of this subsection, is further amended by adding at the end the following new paragraphs:

“(6) An estimate of the total number of offenses committed under each punitive article under chapter 47 of this title (the Uniform Code of Military Justice) over the period covered by the survey.

“(7) For each category of offense identified under paragraph (6)—

“(A) an estimate of the racial, ethnic, gender, age, and rank demographics of principals; and

“(B) an estimate of the racial, ethnic, gender, age, and rank demographics of victims.”.

(4) CONFORMING REPEAL.—Section 593 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1415; 10 U.S.C. 480 note prec.) is repealed.

(5) EFFECTIVE DATE.—

(A) The amendments made by paragraphs (1) and (2) shall take effect on the day after the date of the enactment of this Act.

(B) The amendments made by paragraph (3) shall take effect on January 1, 2023.

(b) Annual reports on racial and ethnic demographics in the military justice system.—

(1) IN GENERAL.—Chapter 23 of title 10, United States Code, is amended by inserting after section 485 the following new section:

“§ 486. Annual reports on racial and ethnic demographics in the military justice system

“(a) In general.—Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and gender demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force.

“(b) Contents.—The report of a Secretary of a military department for an armed force under subsection (a) shall contain the following:

“(1) Statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice) during the year covered by the report, including:

“(A) an estimate based on survey data from the armed forces Workplace and Diversity, Equity, and Inclusion Surveys of the number of offenses committed by members of the armed force, disaggregated by—

“(i) statistical category as related to the victim; and

“(ii) statistical category as related to the principal;

“(B) the number of offenses in the armed force that were reported to military officials, disaggregated by—

“(i) statistical category as related to the victim; and

“(ii) statistical category as related to the principal;

“(C) the number of offenses in the armed force that were investigated, disaggregated by statistical category as related to the principal;

“(D) the number of offenses in which the evidence supported possible action by the Department, disaggregated by statistical category as related to the principal;

“(E) the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed;

“(F) the number of offenses in which non-judicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal;

“(G) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal;

“(H) the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial;

“(I) the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and

“(J) the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial.

“(2) An analysis of any disparities among race, gender, and ethnicity in the incidence, reporting, disposition, and prosecution of offenses by units, commands, and installations during the year covered by the report, including trends relating to—

“(A) the prosecution of offenses; and

“(B) the prevalence of offenses, set forth separately for—

“(i) each installation with 5,000 or more servicemembers;

“(ii) the major career fields of any individuals involved in such incidents, including the fields of combat arms, aviation, logistics, maintenance, administration, and medical;

“(iii) in the case of the Navy, the operational status (whether sea duty or shore duty) of any individuals involved in such incidents.

“(3) The policies, procedures, and processes implemented by the Secretary concerned during the year covered by the report in response to any race, gender, or ethnicity disparities involving members of the armed force concerned.

“(c) Definitions.—In this section:

“(1) The term ‘statistical category’ means each of the following categories:

“(A) race;

“(B) gender;

“(C) ethnicity;

“(D) rank; and

“(E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice).

“(2) The term ‘principal’ has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice).

“(d) Submission to Congress.—

“(1) IN GENERAL.—Not later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the appropriate congressional committees, together with—

“(A) an assessment of the information submitted to the Secretary pursuant to subsection (b)(3);

“(B) such other assessments on the reports as the Assistant Inspector General established under section 554 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) considers appropriate; and

“(C) such other assessments on the reports as the Secretary of Defense considers appropriate.

“(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term ‘appropriate congressional committees’ means—

“(A) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Veterans’ Affairs of the Senate; and

“(B) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Veterans’ Affairs of the House of Representatives.

“(e) Publication.—The Secretary of Defense shall—

“(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsections (a) and (d); and

“(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 23 of such title is amended by inserting after the item relating to section 485 the following new item:

“486. Annual reports on racial and ethnic demographics in the military justice system.”.

(1) IN GENERAL.—Chapter 23 of title 10, United States Code, as amended by section 3, is further amended by inserting after section 486 the following new section:

“§ 487. Annual reports on sexual assaults

“(a) In general.—Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on the sexual assaults involving members of the armed forces under the jurisdiction of that Secretary during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force.

“(b) Contents.—The report of a Secretary of a military department for an armed force under subsection (a) shall contain the following:

“(1) The number of sexual assaults committed against members of the armed force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated.

“(2) The number of sexual assaults committed by members of the armed force that were reported to military officials during the year covered by the report, and the number of the cases so reported that were substantiated. The information required by this paragraph may not be combined with the information required by paragraph (1).

“(3) A synopsis of each such substantiated case, organized by offense, and, for each such case, the race and ethnicity of the victim and accused, the action taken in the case, including the type of disciplinary or administrative sanction imposed, if any, including courts-martial sentences, nonjudicial punishments administered by commanding officers pursuant to section 815 of this title (article 15 of the Uniform Code of Military Justice), and administrative separations.

“(4) The policies, procedures, and processes implemented by the Secretary concerned during the year covered by the report in response to incidents of sexual assault involving members of the armed force concerned.

“(5) The number of substantiated sexual assault cases in which the victim is a deployed member of the armed forces and the assailant is a foreign national, and the policies, procedures, and processes implemented by the Secretary concerned to monitor the investigative processes and disposition of such cases and any actions taken to eliminate any gaps in investigating and adjudicating such cases.

“(6) A description of the implementation of the accessibility plan implemented pursuant to section 596(b) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 1561 note), including a description of the steps taken during that year to ensure that trained personnel, appropriate supplies, and transportation resources are accessible to deployed units in order to provide an appropriate and timely response in any case of reported sexual assault in a deployed unit, location, or environment.

“(7) The number of applications submitted under section 673 of title 10, United States Code, during the year covered by the report for a permanent change of station or unit transfer for members of the armed forces on active duty who are the victim of a sexual assault or related offense, the number of applications denied, and, for each application denied, a description of the reasons why the application was denied.

“(8) An analysis and assessment of trends in the incidence, disposition, and prosecution of sexual assaults by units, commands, and installations during the year covered by the report, including trends relating to—

“(A) the prosecution of incidents and avoidance of incidents; and

“(B) the prevalence of incidents, set forth separately for—

“(i) each installation with 5,000 or more servicemembers;

“(ii) the major career fields of any individuals involved in such incidents, including the fields of combat arms, aviation, logistics, maintenance, administration, and medical; and

“(iii) in the case of the Navy, the operational status (whether sea duty or shore duty) of any individuals involved in such incidents.

“(9) An assessment of the adequacy of sexual assault prevention and response activities carried out by training commands during the year covered by the report.

“(10) An analysis of the specific factors that may have contributed to sexual assault during the year covered by the report, an assessment of the role of such factors in contributing to sexual assaults during that year, and recommendations for mechanisms to eliminate or reduce the incidence of such factors or their contributions to sexual assaults.

“(11) An analysis of the disposition of the most serious offenses occurring during sexual assaults committed by members of the armed force during the year covered by the report, as identified in unrestricted reports of sexual assault by any members of the armed forces, including the numbers of reports identifying offenses that were disposed of by each of the following:

“(A) Conviction by court-martial, including a separate statement of the most serious charge preferred and the most serious charge for which convicted.

“(B) Acquittal of all charges at court-martial.

“(C) Non-judicial punishment under section 815 of this title (article 15 of the Uniform Code of Military Justice).

“(D) Administrative action, including by each type of administrative action imposed.

“(E) Dismissal of all charges, including by reason for dismissal and by stage of proceedings in which dismissal occurred.

“(12) Information on each claim of retaliation in connection with a report of sexual assault in the armed force made by or against a member of such armed force as follows:

“(A) A narrative description of each complaint.

“(B) The nature of such complaint, including whether the complainant claims professional or social retaliation.

“(C) The gender of the complainant.

“(D) The gender of the individual claimed to have committed the retaliation.

“(E) The nature of the relationship between the complainant and the individual claimed to have committed the retaliation.

“(F) The nature of the relationship, if any, between the individual alleged to have committed the sexual assault concerned and the individual claimed to have committed the retaliation.

“(G) The official or office that received the complaint.

“(H) The organization that investigated or is investigating the complaint.

“(I) The current status of the investigation.

“(J) If the investigation is complete, a description of the results of the investigation, including whether the results of the investigation were provided to the complainant.

“(K) If the investigation determined that retaliation occurred, whether the retaliation was an offense under chapter 47 of this title (the Uniform Code of Military Justice).

“(13) Information and data collected through formal and informal reports of sexual harassment involving members of the armed forces during the year covered by the report, as follows:

“(A) The number of substantiated and unsubstantiated reports.

“(B) A synopsis of each substantiated report, including the race and ethnicity of the victim and accused.

“(C) The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as—

“(i) conviction and sentence by court-martial;

“(ii) imposition of non-judicial punishment under section 815 of this title (article 15 of the Uniform Code of Military Justice); or

“(iii) administrative separation or other type of administrative action imposed.

“(14) Information and data collected during the year covered by the report on each reported incident involving the non-consensual distribution by a person subject to chapter 47 of this title (the Uniform Code of Military Justice), of a private sexual image of another person, including the following:

“(A) The number of substantiated and unsubstantiated reports.

“(B) A synopsis of each substantiated report.

“(C) The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as—

“(i) conviction and sentence by court-martial;

“(ii) imposition of non-judicial punishment under section 815 this title (article 15 of the Uniform Code of Military Justice); or

“(iii) administrative separation or other type of administrative action imposed.

“(c) Substantiated defined.—In this section, the term ‘substantiated’, when used with respect to the report of an incident or offense, means that the report meets the following criteria:

“(1) The victim made an unrestricted report of such incident or offense.

“(2) The report was investigated by the Federal Government or a State, local, or Tribal law enforcement organization.

“(3) The report was provided to the appropriate military command for consideration of action and was found to have sufficient evidence to support the command’s action against the subject.

“(d) Submission to Congress.—

“(A) the results of assessments conducted under the evaluation plan required by section 1602(c) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note);

“(B) an assessment of the information submitted to the Secretary pursuant to subsection (b)(11); and

“(C) such other assessments on the reports as the Secretary of Defense considers appropriate.

“(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term ‘appropriate congressional committees’ means—

“(A) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Veterans’ Affairs of the Senate; and

“(B) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Veterans’ Affairs of the House of Representatives.

“(e) Publication.—The Secretary of Defense shall—

“(1) publish on an appropriate publicly available website of the Department of Defense the reports required by subsections (a) and (d); and

“(2) ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.

“(f) Additional details for case synopses portion of report.—The Secretary of each military department shall include in the case synopses portion of each report, as described in subsection (b)(3), the following additional information:

“(1) If charges are dismissed following an investigation conducted under section 832 of this title (article 32 of the Uniform Code of Military Justice), the case synopsis shall include the reason for the dismissal of the charges.

“(2) If the case synopsis states that a member of the armed forces accused of committing a sexual assault was administratively separated or, in the case of an officer, allowed to resign in lieu of facing a court-martial, the case synopsis shall include the characterization (honorable, general, or other than honorable) given the service of the member upon separation.

“(3) The case synopsis shall indicate whether a member of the armed forces accused of committing a sexual assault was ever previously accused of a substantiated sexual assault or was admitted to the armed forces under a moral waiver granted with respect to prior sexual misconduct.

“(4) The case synopsis shall indicate the branch of the armed forces of each member accused of committing a sexual assault and the branch of the armed forces of each member who is a victim of a sexual assault.

“(5) If the case disposition includes non-judicial punishment, the case synopsis shall explicitly state the nature of the punishment.

“(6) The case synopsis shall indicate whether alcohol was involved in any way in a substantiated sexual assault incident.

“(g) Coordination of release date between annual reports regarding sexual assaults and family advocacy report.—The Secretary of Defense shall ensure that the reports required under subsection (a) for a given year are delivered to the Committees on Armed Services of the Senate and House of Representatives simultaneously with the Family Advocacy Program report for that year regarding child abuse and domestic violence, as required by section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141).

“(h) Inclusion of information in regarding sexual assaults committed against a member’s spouse or other family member.—The Secretary of Defense shall include, in each report under this section, information regarding a sexual assault committed by a member of the armed forces against the spouse or intimate partner of the member or another dependent of the member in addition to the annual Family Advocacy Program report as required by section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141). The information may be included as an annex to such reports.”.

(2) CONFORMING REPEALS.—

(A) Section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is repealed.

(B) Section 538 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 1561 note) is repealed.

(3) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 23 of such title, as amended by this subsection, is further amended by inserting after the item relating to section 486 the following new item:

“487. Annual reports on sexual assaults.”.

(d) Effective dates.—

(1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by subsections (b) and (c) shall take effect on the day after the date of the enactment of this Act.

(2) EXCEPTIONS.—

(A) SEPARATE SPACE FORCE REPORTS.—The requirement for the Secretary of the Air Force to submit separate reports for the Space Force under sections 486 and 487 of title 10, United States Code (as added by subsections (b) and (c) of this section) shall take effect on October 1, 2023 and shall apply with respect to reports required to be submitted under such sections after such date.

(B) CERTAIN STATISTICAL INFORMATION.—The requirement to include the information described in subparagraphs (A) and (B) of section 486(b)(1) of title 10, United States Code, in the annual reports under such section shall apply with respect to reports required to be submitted after January 1, 2023.

SEC. 573. Amendments to additional Deputy Inspector General of the Department of Defense.

Section 554(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1) in the section heading, by striking “Deputy” and inserting “Assistant”;

(2) in paragraph (1)—

(A) in the matter preceding subparagraph (A)—

(i) by striking “Secretary of Defense” and inserting “Inspector General of the Department of Defense”; and

(ii) by striking “Deputy” and inserting “Assistant”;

(B) in subparagraph (A), by striking “of the Department”; and

(3) in paragraph (2)—

(A) in the matter preceding clause (i) of subparagraph (A)—

(i) by striking “Conducting and supervising” and inserting “Developing and carrying out a plan for the conduct of comprehensive oversight, including through the conduct and supervision of”; and

(ii) by striking “evaluations” and inserting “inspections,”;

(B) in clause (ii) of subparagraph (A), by striking “, including the duties of the Inspector General under subsection (b)”; and

(4) in paragraph (3)(A) in the matter preceding subparagraph (A), by striking “Deputy” and inserting “Assistant”;

(5) in paragraph (4)—

(A) in subparagraph (A), by striking “Deputy” each place it appears and inserting “Assistant”;

(B) in subparagraph (B)—

(i) by striking “Deputy” the first place it appears;

(ii) by striking “and the Inspector General”;

(iii) by striking “Deputy” the second place it appears and inserting “Assistant”; and

(iv) by inserting before the period at the end the following: “, for inclusion in the next semiannual report of the Inspector General under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.).”;

(i) by striking “Deputy”; and

(ii) by striking “and Inspector General”;

(D) in subparagraph (D)—

(i) by striking “Deputy”;

(ii) by striking “and the Inspector General”;

(iii) by striking “Secretary or”; and

(iv) by striking “direct” and inserting “determine”; and

(E) in subparagraph (E)—

(i) by striking “Deputy” ; and

(ii) by striking “of the Department” and all that follows through “Representatives” and inserting “consistent with the requirements of the Inspector General Act of 1978 (5 U.S.C. App.).”.

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

Section 558 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended, in the matter preceding paragraph (1), by striking “one year after the date of the enactment of this Act” and inserting “May 31, 2022”.

SEC. 575. GAO review of extremist affiliations and activity among members of the Armed Forces on active duty.

(a) Review.—The Comptroller General of the United States shall perform a review to determine the prevalence of extremist affiliations and activity among members of the Armed Forces on active duty. The review shall include the following elements:

(1) Sources of information used by the Secretary of Defense and Secretaries of the military departments to determine extremist affiliations and activity, including the extent to which—

(A) the Armed Forces have established methods for anonymous reporting of suspected extremist affiliations and activity;

(B) the Armed Forces have established guidelines to help ensure that commanders properly investigate such reports;

(C) reports of violence by members of the Armed Forces have been investigated for relation to extremist affiliations and activity;

(D) members of the Armed Forces have been discharged or disciplinary actions because of extremist affiliations or activity; and

(E) the Department of Defense tracking cases described in subparagraph (D).

(2) The extent to which the Secretary of Defense and Secretaries of the military departments use information described in paragraph (1) in vetting members, including the extent to which—

(A) recruiters have identified individuals with suspected extremist affiliations;

(B) such individuals have received waivers; and

(3) The extent to which the Secretary of Defense and Secretaries of the military departments use information described in paragraph (1) in vetting members.

(4) Procedures of the Department of Defense and the Armed Forces for identifying, responding to, and tracking reported instances of extremist affiliations and activity.

(5) Efforts of the Secretary of Defense and Secretaries of the military departments to train personnel to identify and report members or recruits suspected of extremist affiliations or activity, including the extent to which—

(A) commanders and recruiters trained to identify potential indicators of extremist affiliations (including tattoos); and

(B) members are trained to identify and report indicators of extremist affiliations and activity in the Armed Forces or Department of Defense.

(6) Any other matter that the Comptroller General determines relevant.

(b) Report.—Not later than March 31, 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review under this section.

subtitle I—Decorations and Awards

SEC. 581. Semiannual reports regarding review of service records of certain veterans.

(a) In general.— Section 586 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 7271 note) is amended—

(1) by redesignating subsection (h) as subsection (i);

(2) by inserting after subsection (g) the following new subsection (h):

“(h) Semiannual reports.—

“(1) REPORTS REQUIRED.—Not later than January 31 and July 31 each year, each Secretary of a military department shall submit to the appropriate committees of Congress a report regarding the review of service records under the jurisdiction of that Secretary pursuant to subsection (a).

“(2) ELEMENTS.—Each report under this subsection shall include the following:

“(A) The number of service records identified for review.

“(B) The number of service records reviewed during the preceding two calendar quarters.

“(C) The number of service records reviewed to date.

“(D) The number of full-time equivalent employees conducting reviews under subsection (a).

“(E) The number of work hours employees described in subparagraph (D) spent reviewing service records during the preceding two calendar quarters.

“(F) The number of work hours employees described in subparagraph (D) have spent reviewing service records to date.

“(G) A summary of any consultation with or information provided by a veterans service organization under subsection (c) during the preceding two calendar quarters.

“(H) A summary of any consultation with or information provided by a veterans service organization under subsection (c) to date.

“(3) TERMINATION.—The reporting requirement under this subsection shall terminate for the Secretary of a military department after that Secretary certifies in writing to the appropriate committees of Congress that the Secretary has—

“(A) completed the review of the service record of each covered veteran under the jurisdiction of that Secretary; and

“(B) submitted every recommendation under subsection (d) and every notification under subsection (f) that the Secretary intends to submit.”; and

(3) in subsection (i), as redesignated—

(A) in the heading, by striking “Definition” and inserting “Definitions”;

(B) by striking all that follows “section” and inserting a colon; and

“(1) The term ‘Native American Pacific Islander’ means a Native Hawaiian or Native American Pacific Islander, as those terms are defined in section 815 of the Native American Programs Act of 1974 (42 U.S.C. 2992c).

“(2) The term ‘appropriate committees of Congress’ means—

“(A) The Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and

“(B) The Committees on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.”.

(b) Deadline.—The first report under subsection (h) of such section 586, as inserted by subsection (a), shall be due not later than July 31, 2022.

SEC. 582. Eligibility of veterans of Operation End Sweep for Vietnam Service Medal.

The Secretary of the military department concerned may, upon the application of an individual who is a veteran who participated in Operation End Sweep, award that individual the Vietnam Service Medal.

SEC. 583. Establishment of the Atomic Veterans Service Medal.

(a) Service medal required.—The Secretary of Defense shall design and produce a commemorative military service medal, to be known as the “Atomic Veterans Service Medal”, to honor retired and former members of the Armed Forces who are radiation-exposed veterans (as such term is defined in section 1112(c)(3) of title 38, United States Code).

(b) Distribution of medal.—

(1) ISSUANCE TO RETIRED AND FORMER MEMBERS.—At the request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Medal to the veteran.

(2) ISSUANCE TO NEXT-OF-KIN.—In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Service Medal to the next-of-kin of the person.

(3) APPLICATION.—The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.

SEC. 584. Authorization for award of the Medal of Honor to Marcelino Serna for acts of valor during World War I.

(a) Authorization.—Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may posthumously award the Medal of Honor under section 7272 of such title to Marcelino Serna for the acts of valor described in the subsection (b).

(b) Acts of valor described.—The acts of valor described in this subsection are the actions of Marcelino Serna as a private in the Army during World War I, for which he was previously awarded the Distinguished-Service Cross.

subtitle J—Miscellaneous Reports and Other Matters

SEC. 591. Command climate assessments: independent review; reports.

Section 587 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1561 note) is amended by adding at the end the following:

“(d) Independent review.—During fiscal year 2022 and annually thereafter, the Secretary of a military department shall establish an independent command climate review board (in this section referred to as an ‘ICCRB’) for each Armed Force under the jurisdiction of such Secretary.

“(1) DUTIES.—An ICCRB shall review the command climate, at each of no fewer than three military installations of the Armed Force concerned, regarding the following matters:

“(A) Command climate survey results.

“(B) Crime and other public safety issues.

“(C) Prevention of, and responses to, crime at the military installation.

“(D) Prevention of, and responses to, sexual assault and sexual harassment at the military installation.

“(E) Discrimination and equal opportunity at the military installation.

“(F) Suicides and other deaths of members serving at the military installation.

“(G) Any other matter determined appropriate by the Secretary of the military department concerned or the ICCRB.

“(2) METHODS.—An ICCRB shall conduct such review by means including—

“(A) an anonymous survey;

“(B) focus groups; and

“(C) individual interviews.

“(3) MEMBERSHIP.—An ICCRB shall be composed of no fewer than six individuals—

“(A) appointed by the Secretary of the military department concerned;

“(B) with expertise determined to be relevant by such Secretary; and

“(C) none of whom may be a member of an Armed Force or civilian employee of the Department of Defense.

“(4) SELECTION OF MILITARY INSTALLATIONS.—The Secretary of the military department concerned shall select, for review by an ICCRB, military installations that have—

“(A) lower-than-average results on command climate surveys;

“(B) higher-than-average crime rates;

“(C) higher-than-average incidence of suicide;

“(D) higher-than-average incidence of sexual assault and sexual harassment; and

“(E) higher-than-average number of equal opportunity complaints.

“(5) COORDINATION.—The Secretary of Defense shall direct the Offices of People Analytics, and of Force Resiliency, of the Department of Defense, to coordinate with an ICCRB.

“(6) REPORTS.—

“(A) Not later than September 30, 2022, and annually thereafter, an ICCRB shall submit to the Secretary of the military department concerned a report containing the results of the most recent review conducted by the ICCRB and recommendations of the ICCRB to improve the climate command at the military installations reviewed.

“(B) Not later than November 30, 2022, and annually thereafter, an ICCRB shall submit to the Committees on Armed Services of the Senate and House of Representatives the report under subparagraph (A).

“(e) Reports.—Not later than April 30, 2023, and annually thereafter—

“(1) the Secretary of a military department shall submit to the Secretary of Defense a report containing, with respect to the most recent climate command assessment for each Armed Force under the jurisdiction of such Secretary of a military department—

“(A) an analysis of responses, disaggregated by, with respect to respondents—

“(i) military installation;

“(ii) unit;

“(iii) major organization (at the brigade or equivalent level);

“(iv) major career fields (including combat arms, aviation, logistics, and medical);

“(v) ranks, grouped into junior, mid-grade, and senior—

“(I) enlisted; and

“(II) officers (including warrant officers);

“(vi) in the case of the Navy, sea duty and shore duty;

“(vii) gender;

“(viii) race; and

“(ix) ethnicity; and

“(B) actions taken and planned by the Secretary of a military department to improve negative responses and promote a positive command climate; and

“(2) the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing, with respect to the most recent climate command assessment for each Armed Force—

“(A) a summary of responses, disaggregated by, with respect to respondents—

“(i) Armed Force;

“(ii) military installation at which more than 5,000 members serve;

“(iii) major organization (at the brigade or equivalent level);

“(iv) major career fields (including combat arms, aviation, logistics, and medical);

“(v) ranks, grouped into junior, mid-grade, and senior—

“(I) enlisted; and

“(II) officers (including warrant officers);

“(vi) in the case of the Navy, sea duty and shore duty;

“(vii) gender;

“(viii) race; and

“(ix) ethnicity; and

“(B) actions taken and planned by the Secretary of Defense to improve negative responses and promote a positive command climate.”.

SEC. 592. Healthy eating in the Department of Defense.

(a) Authorization of element of the Department of Defense; plan.—

(1) ESTABLISHMENT.—The Secretary of Defense may establish an element of the Department of Defense responsible for implementing a plan to improve access to healthy food on military installations. If established, such element shall—

(A) be modelled on the Healthy Base Initiative of the Department; and

(B) include personnel with—

(i) expertise in food service operations;

(ii) up-to-date knowledge of modern healthy food delivery systems; and

(iii) deep understanding of food service in the Department.

(2) PLAN.—If implemented, the plan under paragraph (1) shall include—

(A) leading practices from campus dining services at institutions of higher learning and private entities; and

(B) lessons learned from previous efforts of the Secretary to make such improvements.

(b) Pilot program.—

(1) ESTABLISHMENT.—The Secretary may carry out a pilot program to develop and test appropriate business models that increase the availability, affordability, and acceptability of healthy foods in dining facilities of the Department.

(2) LOCATIONS.—For each Armed Force under the jurisdiction of the Secretary of a military department, the Secretary may establish a pilot program location at a military installation, located within the United States, of—

(A) the regular component of such Armed Force; and

(B) a reserve component of such Armed Force.

(3) MEAL CARD.—A pilot program under this subsection shall include—

(A) expansion of the use of meal cards by members outside of the primary dining facility at the military installation concerned; and

(B) providing access to all personnel of such installation access to all dining venues at such installation.

(4) PARTNERSHIPS.—The commander of each a military installation described in paragraph (2) may enter into an agreement with a local entity for the purposes of the pilot.

SEC. 593. Plant-based protein pilot program of the Navy.

(a) Establishment.—Not later than March 1, 2022, the Secretary of the Navy shall establish a pilot program to offer plant-based protein options at forward operating bases for consumption by members of the Navy.

(b) Locations.—Not later than March 1, 2022, the Secretary shall identify not fewer than two naval facilities to participate in the pilot program and shall prioritize facilities (such as Joint Region Marianas, Guam, Navy Support Facility, Diego Garcia, and U.S. Fleet Activities Sasebo, Japan) where livestock-based protein options may be costly to obtain or store.

(c) Rule of construction.—Nothing in this Act shall be construed to prevent offering livestock-based protein options alongside plant-based protein options at naval facilities identified under subsection (b).

(d) Termination.—The requirement to carry out the pilot program established under this section shall terminate three years after the date on which the Secretary establishes the pilot program required under this section.

(e) Report.—Not later than one year after the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report on the pilot program that includes the following:

(1) The consumption rate of plant-based protein options by members of the Navy under the pilot program.

(2) Effective criteria to increase plant-based protein options at naval facilities not identified under subsection (b).

(3) An analysis of the costs of obtaining and storing plant-based protein options compared to the costs of obtaining and storing livestock-based protein options at selected naval facilities.

(f) Definitions.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Committee on Armed Services of the House of Representatives; and

(B) the Committee on Armed Forces of the Senate.

(2) PLANT-BASED PROTEIN OPTIONS.—The term “plant-based protein options” means edible products made to approximate the taste and texture of livestock-based protein, or vegan or vegetarian meat alternative products made using plant and other non-livestock-based proteins that are consistent with the nutritional properties of meat products.

SEC. 594. Reports on misconduct by members of special operations forces.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, and every six months thereafter for five years, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding misconduct by members of special operations forces during the six months preceding the date of such report.

(b) Special operations forces defined.—In this section, the term “special operations forces” means forces described in section 167(j) of title 10, United States Code.

SEC. 595. Updates and preservation of memorials to chaplains at Arlington National Cemetery.

(a) Updates and preservation of memorials.—

(1) PROTESTANT CHAPLAINS MEMORIAL.—The Secretary of the Army may permit NCMAF—

(A) to modify the memorial to Protestant chaplains located on Chaplains Hill to include a granite, marble, or other stone base for the bronze plaque of the memorial;

(B) to add an additional plaque to the stone base added pursuant to subparagraph (A) to include the name of each chaplain, verified as described in subsection (b), who died while serving on active duty in the Armed Forces after the date on which the original memorial was placed; and

(2) CATHOLIC AND JEWISH CHAPLAIN MEMORIALS.—The Secretary of the Army may permit NCMAF to update and make corrections to the Catholic and Jewish chaplain memorials located on Chaplains Hill that may be needed as determined by the Secretary.

(3) NO COST TO FEDERAL GOVERNMENT.—The activities of NCMAF authorized by this subsection shall be carried out at no cost to the Federal Government.

(b) Verification of names.—NCMAF may not include the name of a chaplain on a memorial on Chaplains Hill under subsection (a) unless that name has been verified by the Chief of Chaplains of the Army, Navy, or Air Force or the Chaplain of the United States Marine Corps, depending on the branch of the Armed Forces in which the chaplain served.

(c) Prohibition on expansion of memorials.—Except as provided in subsection (a)(1)(A), this section may not be construed as authorizing the expansion of any memorial that is located on Chaplains Hill as of the date of the enactment of this Act.

(d) Definitions.—In this section:

(1) The term “Chaplains Hill” means the area in Arlington National Cemetery that, as of the date of the enactment of this Act, is generally identified and recognized as Chaplains Hill.

(2) The term “NCMAF” means the National Conference on Ministry to the Armed Forces or any successor organization recognized in law for purposes of the operation of this section.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

subtitle A—Pay and Allowances

SEC. 601. Basic needs allowance for low-income regular members.

(a) In general.—Chapter 7 of title 37, United States Code, is amended by inserting after section 402a the following new section:

“§ 402b. Basic needs allowance for low-income regular members

“(a) Allowance required.— (1) Subject to paragraph (2), the Secretary of Defense shall pay to each covered member a basic needs allowance in the amount determined for such member under subsection (b).

“(2) In the event a household contains two or more covered members entitled to receive the allowance under this section in a given year, only one allowance may be paid for that year to a covered member among such covered members whom such covered members shall jointly elect.

“(b) Amount of allowance for a covered member.— (1) The amount of the monthly allowance payable to a covered member under subsection (a) for a year shall be the aggregate amount equal to—

“(A) the aggregate amount equal to—

“(i) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the household of the covered member for such year; minus

“(ii) the gross household income of the covered member during the preceding year; and

“(B) divided by 12.

“(2) The monthly allowance payable to a covered member for a year shall be payable for each of the 12 months following March of such year.

“(c) Notice of eligibility.— (1) (A) Not later than December 31 each year, the Director of the Defense Finance and Accounting Service shall notify, in writing, each individual whom the Director estimates will be a covered member during the following year of the potential entitlement of that individual to the allowance described in subsection (a) for that following year.

“(B) The preliminary notice under subparagraph (A) shall include information regarding financial management and assistance programs administered by the Secretary of Defense for which a covered member is eligible.

“(2) Not later than January 31 each year, each individual who seeks to receive the allowance for such year (whether or not subject to a notice for such year under paragraph (1)) shall submit to the Director such information as the Director shall require for purposes of this section in order to determine whether or not such individual is a covered member for such year.

“(3) Not later than February 28 each year, the Director shall notify, in writing, each individual the Director determines to be a covered member for such year.

“(d) Election not To receive allowance.— (1) A covered member otherwise entitled to receive the allowance under subsection (a) for a year may elect, in writing, not to receive the allowance for such year. Any election under this subsection shall be effective only for the year for which made. Any election for a year under this subsection is irrevocable.

“(2) A covered member who does not submit information described in subsection (d)(2) for a year as otherwise required by that subsection shall be deemed to have elected not to receive the allowance for such year.

“(e) Definitions.—In this section:

“(1) The term ‘covered member’ means a regular member of an armed force under the jurisdiction of the Secretary of a military department—

“(A) who has completed initial entry training;

“(B) whose gross household income during the most recent year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the household of the covered member for such year; and

“(C) who does not elect under subsection (d) not to receive the allowance for such year.

“(2) The term ‘gross household income’ of a covered member for a year for purposes of paragraph (1)(B) does not include any basic allowance for housing received by the covered member (and any dependents of the covered member in the household of the covered member) during such year under section 403 of this title.

“(f) Regulations.—The Secretary of Defense shall prescribe regulations for the administration of this section. Subject to subsection (e)(2), such regulations shall specify the income to be included in, and excluded from, the gross household income of individuals for purposes of this section.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 402a the following new item:

“402b. Basic needs allowance for low-income regular members.”.

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

(a) In general.—Subchapter II of chapter 5 of title 37, United States Code, is amended by adding at the end the following new section:

“§ 357. Incentive pay authorities for members of the reserve components of the armed forces

“Notwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills.”.

(b) Technical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 356 the following:

“357. Incentive pay authorities for members of the reserve components of the armed forces.”.

(c) Report.—Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services a report regarding the plan of the Secretary to implement section 357 of such title, as added by subsection (a), an estimate of the costs of such implementation, and the number of members described in such section.

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

(a) Lodging in kind for reserve component members performing training.—

(1) IN GENERAL.—Section 12604 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(c) Lodging in kind.— (1) In the case of a member of a reserve component performing active duty for training or inactive-duty training who is not otherwise entitled to travel and transportation allowances in connection with such duty, the Secretary concerned may reimburse the member for housing service charge expenses incurred by the member in occupying transient government housing during the performance of such duty. If transient government housing is unavailable or inadequate, the Secretary concerned may provide the member with lodging in kind.

“(2) Any payment or other benefit under this subsection shall be provided in accordance with regulations prescribed by the Secretary concerned.

“(3) The Secretary may pay service charge expenses under paragraph (1) and expenses of providing lodging in kind under such paragraph out of funds appropriated for operation and maintenance for the reserve component concerned. Use of a Government charge card is authorized for payment of these expenses.

“(4) Decisions regarding the availability or adequacy of government housing at a military installation under paragraph (1) shall be made by the installation commander.”.

(2) CONFORMING AMENDMENT.—Section 474 of title 37, United States Code, is amended by striking subsection (i).

(b) Mandatory pet quarantine fees for household pets.—Section 451(b)(8) of title 37, United States Code, is amended by adding at the end the following: “Such costs include pet quarantine expenses.”.

(1) IN GENERAL.—Section 452(b) of title 37, United States Code, is amended by adding at the end the following new paragraphs:

“(18) Travel by a dependent child to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is outside the continental United States (other than in Alaska or Hawaii).

“(19) Travel by a dependent child within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.”.

(2) DEFINITIONS.—Section 451 of title 37, United States Code, as amended by subsection (b) of this section, is amended—

(A) in subsection (a)(2)(H), by adding at the end the following new clauses:

“(vii) Transportation of a dependent child of a member of the uniformed services to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is outside the continental United States (other than in Alaska or Hawaii).

“(viii) Transportation of a dependent child of a member of the uniformed services within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.”; and

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

“(10) (A) The term ‘permanent duty assignment location’ means—

“(i) the official station of a member of the uniformed services; or

“(ii) the residence of a dependent of a member of the uniformed services.

“(B) As used in subparagraph (A)(ii), the residence of a dependent who is a student not living with the member while at school is the permanent duty assignment location of the dependent student.”.

(d) Dependent transportation incident to ship construction, inactivation, and overhauling.—

(1) IN GENERAL.—Section 452 of title 37, United States Code, as amended by subsection (c) of this section, is further amended—

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

“(20) Subject to subsection (i), travel by a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.”; and

(B) by adding at the end the following new subsection:

“(i) Dependent transportation incident to ship construction, inactivation, and overhauling.—The authority under subsection (a) for travel in connection with circumstances described in subsection (b)(19) shall be subject to the following terms and conditions:

“(1) The Service member must be permanently assigned to the ship for 31 or more consecutive days to be eligible for allowances, and the transportation allowances accrue on the 31st day and every 60 days thereafter.

“(2) Transportation in kind, reimbursement for personally procured transportation, or a monetary allowance for mileage in place of the cost of transportation may be provided, in lieu of the member’s entitlement to transportation, for the member’s dependents from the location that was the home port of the ship before commencement of overhaul or inactivation to the port of overhaul or inactivation.

“(3) The total reimbursement for transportation for the member’s dependents may not exceed the cost of one Government-procured commercial round-trip travel.”.

(2) DEFINITIONS.—Section 451(a)(2)(H) of title 37, United States Code, as amended by subsection (c) of this section, is further amended by adding at the end the following new clause:

“(ix) Transportation of a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.”.

SEC. 604. Unreimbursed moving expenses for members of the Armed Forces: report; policy.

(a) Report.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on unreimbursed moving expenses incurred by members of the Armed Forces and their families, disaggregated by Armed Force, rank, and military housing area. In such report, the Secretary shall examine the root causes of such unreimbursed expenses.

(b) Policy.—The Secretary shall establish a uniform policy regarding unreimbursed expenses described in subsection (a).

SEC. 605. Report on relationship between basic allowance for housing and sizes of military families.

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on whether the basic allowance for housing under section 403 of title 37, United States Code, is sufficient for the average family size of members of the Armed Forces, disaggregated by Armed Force, rank, and military housing area.

SEC. 606. Report on temporary lodging expenses in competitive housing markets.

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the appropriateness of the maximum payment period of 10 days under subsection (c) of section 474a of title 37, United States Code in highly competitive housing markets. Such report shall include how the Secretary educates members of the Armed Forces and their families about their ability to request payment under such section.

SEC. 607. Report on rental partnership programs.

(a) Report required.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the rental partnership programs of the Armed Forces. Such report shall include—

(1) the numbers and percentages of members of the Armed Forces who do not live in housing located on military installations who participate in such programs; and

(2) the recommendation of the Secretary whether Congress should establish annual funding for such programs and, if so, what in amounts.

(b) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The Committee on Armed Services of the House of Representatives.

(2) The Committee on Armed Services of the Senate.

(3) The Committee on Transportation and Infrastructure of the House of Representatives.

(4) The Committee on Commerce, Science, and Transportation of the Senate.

subtitle B—Bonuses and Incentive Pays

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

(a) Authorities relating to reserve forces.—Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking “December 31, 2021” and inserting “December 31, 2022”.

(b) Title 10 authorities relating to health care professionals.—The following sections of title 10, United States Code, are amended by striking “December 31, 2021” and inserting “December 31, 2022”:

(1) Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(c) Authorities relating to nuclear officers.—Section 333(i) of title 37, United States Code, is amended by striking “December 31, 2021” and inserting “December 31, 2022”.

(d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.—The following sections of title 37, United States Code, are amended by striking “December 31, 2021” and inserting “December 31, 2022”:

(1) Section 331(h), relating to general bonus authority for enlisted members.

(2) Section 332(g), relating to general bonus authority for officers.

(3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.

(6) Section 351(h), relating to hazardous duty pay.

(7) Section 352(g), relating to assignment pay or special duty pay.

(8) Section 353(i), relating to skill incentive pay or proficiency bonus.

(9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

(e) Authority to provide temporary increase in rates of basic allowance for housing.—Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2021” and inserting “December 31, 2022”.

subtitle C—Family and Survivor Benefits

SEC. 621. Expansion of parental leave for members of the Armed Forces.

(a) Expansion.—Section 701 of title 10, United States Code, is amended—

(1) in subsection (i)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking “twelve weeks” and inserting “18 weeks”;

(ii) in subparagraph (B), by striking “six weeks” and inserting “12 weeks”; and

(iii) by adding at the end the following new subparagraph:

“(C) Under the regulations prescribed for purposes of this subsection, a member of the armed forces described in paragraph (2) who is the primary caregiver in the case of a long-term placement of a foster child is allowed up to 12 weeks of total leave to be used in connection with such placement, subject to limits as determined by the Secretary regarding—

“(i) the total number of times that a member of the armed forces may use leave under this section with respect to the placement of a foster child; and

“(ii) the frequency with which a member of the armed forces may use leave under this section with respect to the placement of a foster child.”;

(B) in paragraph (5), by striking “birth or adoption” and inserting “birth, adoption, or foster child placement”; and

(2) in subsection (j)—

(A) in paragraph (1), by striking “21 days” and inserting “12 weeks”;

(B) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively;

“(2) Under the regulations prescribed for purposes of this subsection, a member of the armed forces described in subsection (i)(2) who is the secondary caregiver in the case of a long-term placement of a foster child is allowed up to 12 weeks of total leave to be used in connection with such placement, subject to limits as determined by the Secretary regarding—

“(A) the total number of times that a member of the armed forces may use leave under this section with respect to the placement of a foster child; and

“(B) the frequency with which a member of the armed forces may use leave under this section with respect to the placement of a foster child.”;

(D) in paragraph (4), as redesignated, by striking “only in one increment in connection with such birth or adoption” and inserting “in more than one increment in connection with such birth, adoption, or foster child placement in accordance with regulations prescribed by the Secretary of Defense”; and

(E) by adding at the end the following new paragraph (6):

“(6) Under regulations prescribed for purposes of this subsection, the Secretary shall provide a member of the armed forces described in subsection (i)(2), who would have been a secondary caregiver but for a miscarriage, stillbirth, or infant death, with leave—

“(A) in addition to leave under subsection (a); and

“(B) not to exceed the amount of leave under paragraph (1).”;

(3) in subsection (l), by inserting “ordered to temporary duty overnight travel, or ordered to participate in physically demanding field training exercises,” before “during”; and

(4) by adding at the end the following new subsection (m):

“(m) A member of the armed forces who gives birth while on active duty may be required to meet body composition standards or pass a physical fitness test during the period of 12 months beginning on the date of such birth only with the approval of a health care provider employed at a military medical treatment facility and—

“(1) at the election of such member; or

“(2) in the interest of national security, as determined by the Secretary of Defense.”.

(b) Regulations; guidance and policies.—

(1) REGULATIONS.—The Secretary of Defense shall prescribe regulations—

(A) for leave under subsection (i)(1)(C) and subsection (j)(2) of section 701 of title 10, United States Code, as amended by subsection (a), not later than one year after the date of the enactment of this Act;

(B) that establish leave, consistent across the Armed Forces, under subsection (j)(6) of such section not later than one year after the date of the enactment of this Act; and

(C) that establish convalescent leave, consistent across the Armed Forces, under subsection (i)(1) of such section not later than 180 days after the date of the enactment of this Act.

(2) GUIDANCE AND POLICIES.—Each Secretary of a military department shall prescribe—

(A) policies to establish the maximum amount of leave under subsection (i)(1) of section 701 of title 10, United States Code, as amended by subsection (a), not later than one year after the date of the enactment of this Act;

(B) policies to implement leave under subsection (i)(5) or (j)(4) of such section not later than 180 days after the date of the enactment of this Act;

(C) policies to implement not less than 21 days of leave pursuant to regulations prescribed under paragraphs (1) and (2) of subsection (j) of such section not later than one year after the date of the enactment of this Act; and

(D) policies to implement the maximum amount of leave pursuant to regulations prescribed under paragraphs (1) and (2) of subsection (j) of such section not later than five years after the date of the enactment of this Act.

(c) Reporting.—Not later than January 1, 2023, and annually thereafter, each Secretary of a military department shall submit to the appropriate congressional committees a report containing the following:

(1) The use, during the preceding fiscal year, of leave under subsections (i) and (j) of section 701 of title 10, United States Code, as amended by subsection (a), disaggregated by births, adoptions, and foster placements, including—

(A) the number of members in each Armed Force under the jurisdiction of the Secretary who became primary caregivers;

(B) the number of members in each Armed Force under the jurisdiction of the Secretary who became secondary caregivers;

(D) the number of secondary caregivers who used secondary caregiver leave;

(E) the number of primary caregivers who used the maximum amount of primary caregiver leave;

(F) the number of secondary caregivers who used the maximum amount of secondary caregiver leave;

(G) the number of primary caregivers who utilized primary caregiver leave in multiple increments;

(H) the number of secondary caregivers who utilized primary caregiver leave in multiple increments;

(I) the median duration of primary caregiver leave used by primary caregivers;

(J) the median duration of secondary caregiver leave used by secondary caregivers; and

(K) other information the Secretary determines appropriate.

(2) An analysis of the effect of leave described in paragraph (1) on—

(A) readiness; and

(B) retention.

(3) Any actions taken by the Secretary to mitigate negative effects described in paragraph (2).

(4) The number of members deployed under each paragraph of subsection (l) of section 701 of title 10, United States Code, as amended by subsection (a).

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) The Committee on Armed Services of the House of Representatives.

(2) The Committee on Armed Services of the Senate.

(3) The Committee on Transportation and Infrastructure of the House of Representatives.

(4) The Committee on Commerce, Science, and Transportation of the Senate.

SEC. 622. Transitional compensation and benefits for the former spouse of a member of the Armed Forces who allegedly committed a dependent-abuse offense during marriage.

(a) In general.—Section 1059 of title 10, United States Code, is amended—

(1) in the heading—

(A) by striking “separated for” and inserting “who commit”; and

(B) by inserting “; health care” after “exchange benefits”;

(2) in subsection (b)—

(A) in the heading, by striking “Punitive and Other Adverse Actions Covered” and inserting “Covered members”;

(B) in paragraph (2), by striking “offense.” and inserting “offense; or”; and

“(3) who is not described in paragraph (1) or (2) and whose former spouse alleges that the member committed a dependent-abuse offense—

“(A) during the marriage to the former spouse;

“(B) for which the applicable statute of limitations has not lapsed; and

“(C) that an incident determination committee determines meets the criteria for abuse.”;

(3) in subsection (e)(1)—

(A) in subparagraph (A)(ii), by striking “; and” and inserting a semicolon;

(B) in subparagraph (B), by striking the period at the end and inserting “; and”; and

“(C) in the case of a member described in subsection (b)(3), shall commence upon the date of the final decree of divorce, dissolution, or annulment of that member from the former spouse described in such subsection.”; and

(4) by adding at the end the following new subsection:

“(n) Health care for certain former spouses.—The Secretary concerned shall treat a former spouse described in subsection (b)(3) as an abused dependent described in section 1076(e) of this title.”.

(b) Technical amendment.—The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1059 and inserting the following:

“1059. Dependents of members who commit dependent abuse: transitional compensation; commissary and exchange benefits; health care.”.

(c) Effective date.—The amendments made by this Act shall apply to a former spouse described in subsection (b)(3) of such section 1059, as added by subsection (a)(2) of this section, whose final decree of divorce, dissolution, or annulment described in subsection (e)(1)(C) of such section 1059, as added by subsection (a)(3) of this section, is issued on or after the date of the enactment of this Act.

SEC. 623. Claims relating to the return of personal effects of a deceased member of the Armed Forces.

Section 1482(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(11) (A) Delivery of personal effects of a decedent to the next of kin or other appropriate person.

“(B) If the Secretary concerned enters into an agreement with an entity to carry out subparagraph (A), the Secretary concerned shall pursue a claim against such entity that arises from the failure of such entity to substantially perform such subparagraph.

“(C) If an entity described in subparagraph (B) fails to substantially perform subparagraph (A) by damaging, losing, or destroying the personal effects of a decedent, the Secretary concerned shall reimburse the person designated under subsection (c) the fair market value of the damage, loss, or destruction of such personal effects. The Secretary concerned may request from, the person designated under subsection (c), proof of fair market value and ownership of the personal effects.”.

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

Section 589(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1) by inserting “(1)” before “The Secretary”; and

(2) by adding at the end the following new paragraph:

“(2) The Secretary may carry out the pilot program at other locations the Secretary determines appropriate.”.

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

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall amend the regulations prescribed pursuant to subsections (i) and (j) of section 701 of title 10, United States Code, to ensure that paid parental leave that has already been approved for a member of the Armed Forces who is a primary or secondary caregiver (as defined under such regulations) may not be terminated upon the death of the child for whom such leave is taken.

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

(a) Casualty Assistance Reform Working Group.—

(1) ESTABLISHMENT.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group to be known as the “Casualty Assistance Reform Working Group” (in this section referred to as the “Working Group”).

(2) DUTIES.—The Working Group shall perform the following duties:

(A) Create standards and training for CAOs across the military departments.

(B) Explore the possibility of establishing a unique badge designation for—

(i) CAOs who have performed CAO duty more than five times; or

(ii) professional CAOs.

(i) documents the current workflow of casualty affairs support across the military departments, including administrative processes and survivor engagements; and

(ii) performs a gap analysis and solution document that clearly identifies and prioritizes critical changes to modernize and professionalize the casualty experience for survivors.

(D) Review the organization of the Office of Casualty, Mortuary Affairs and Military Funeral Honors to ensure it is positioned to coordinate policy and assist in all matters under its jurisdiction, across the Armed Forces, including any potential intersections with the Defense Prisoner of War and Missing in Action Accounting Agency.

(E) Explore the establishment of—

(i) an annual meeting, led by the Secretary of Defense, with gold star families; and

(ii) a surviving and gold star family leadership council.

(F) Recommend improvements to the family notification process of Arlington National Cemetery.

(G) Explore the redesign of the Days Ahead Binder, including creating an electronic version.

(H) Consider the expansion of the DD Form 93 to include more details regarding the last wishes of the deceased member.

(I) Assess coordination between the Department of Defense and the Office of Survivors Assistance of the Department of Veterans Affairs.

(3) MEMBERSHIP.—The membership of the Working Group shall be comprised of the following:

(A) The Under Secretary of Defense for Personnel and Readiness, who shall serve as Chair of the Working Group.

(B) One individual from each Armed Force, appointed by the Secretary of the military department concerned, who is—

(i) a civilian employee in the Senior Executive Service; or

(ii) an officer in a grade higher than O-6.

(i) a civilian employee in the Senior Executive Service; or

(ii) an officer in a grade higher than O-6.

(D) The Director of the Defense Prisoner of War and Missing in Action Accounting Agency.

(E) The Director of the Defense Health Agency (or the designee of such Director).

(F) The Chief of Chaplains of each Armed Force.

(G) Such other members of the Armed Forces or civilian employees of the Department of Defense whom the Secretary of Defense determines to appoint.

(4) REPORT.—Not later than September 30, 2022, the Working Group shall submit to the Secretary of Defense a report containing the determinations and recommendations of the Working Group.

(5) TERMINATION.—The Working Group shall terminate upon submission of the report under paragraph (4).

(b) Report required.—Not later than November 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a review and assessment of the casualty assistance officer program, including the report of the Working Group.

(c) Establishment of certain definitions.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall prescribe regulations that establish standard definitions, for use across the military departments, of the terms “gold star family” and “gold star survivor”.

(d) CAO defined.—In this section, the term “CAO” means a casualty assistance officer of the Armed Forces.

subtitle D—Defense Resale Matters

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

Section 2484(h) of title 10, United States Code, is amended—

(1) in paragraph (5), by adding at the end the following new subparagraphs:

“(F) Amounts made available for any purpose set forth in paragraph (1) pursuant to an agreement with a host nation.

“(G) Amounts appropriated for repair or reconstruction of a commissary store in response to a disaster or emergency.”; and

(2) by adding at the end the following new paragraph:

“(6) Revenues made available under paragraph (5) for the purposes set forth in paragraphs (1), (2), and (3) may be supplemented with additional funds derived from—

“(A) improved management practices implemented pursuant to sections 2481(c)(3), 2485(b), and 2487(c) of this title; and

“(B) the variable pricing program implemented pursuant to subsection (i).”.

subtitle E—Miscellaneous Rights and Benefits

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

Section 1044a of title 10, United States Code, is amended by adding at the end the following new subsection:

“(e) (1) A person named in subsection (b) may exercise the powers described in subsection (a) through electronic or online means, including under circumstances where the individual with respect to whom such person is performing the notarial act is not physically present in the same location as such person.

“(2) A determination of the authenticity of a notarial act authorized in this section shall be made without regard to whether the notarial act was performed through electronic or online means.

“(3) A log or journal of a notarial act authorized in this section shall be considered for evidentiary purposes without regard to whether the log or journal is in electronic or online form.”.

TITLE VII—Health Care Provisions

subtitle A—TRICARE and Other Health Care Benefits

SEC. 701. Improvement of postpartum care for certain members of the Armed Forces and dependents.

(a) Postpartum care for certain members and dependents.—

(1) POSTPARTUM CARE.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section:

“§ 1074p. Postpartum care for certain members and dependents

“(a) Postpartum mental health assessments.— (1) At the intervals described in paragraph (2), and upon the consent of the covered individual, the Secretary shall furnish to a covered individual postpartum mental health assessments, which shall include screening questions related to postpartum anxiety and postpartum depression.

“(2) The intervals described in this subparagraph are, with respect to the date on which the covered individual gives birth, as follows:

“(A) One month after such date.

“(B) Two months after such date.

“(C) Four months after such date.

“(D) Six months after such date.

“(3) The Secretary may adjust the intervals described in paragraph (2) as the Secretary determines appropriate, taking into account the recommendations of established professional medical associations such as the American Academy of Pediatrics.

“(4) Postpartum mental health assessments furnished under paragraph (1) may be provided concurrently with the well-child visits for the infant of the covered individual, including with respect to the initial well-child visit specified in subsection (c).

“(b) Pelvic health.— (1) Prior to the initial postpartum discharge of a covered individual from the military medical treatment facility at which the covered individual gave birth, the Secretary shall furnish to the covered individual a medical evaluation for pelvic health.

“(2) The Secretary shall ensure that if, as the result of an evaluation furnished pursuant to paragraph (1), the health care provider who provided such evaluation determines that physical therapy for pelvic health (including the pelvic floor) is appropriate, a consultation for such physical therapy is provided upon discharge and in connection with a follow-up appointment of the covered individual for postpartum care that occurs during the period that is six to eight weeks after the date on which the covered individual gives birth.

“(3) Consultations offered pursuant to paragraph (2) shall be conducted in-person wherever possible, but if the Secretary determines that a covered individual for whom the consultation is offered is located in a geographic area with an inadequate number of physical therapists or health professionals trained in providing such consultations, the consultation may be provided through a telehealth appointment.

“(c) Concurrent scheduling of certain appointments.—The Secretary shall ensure that there is provided within each military medical treatment facility an option for any covered individual who has given birth at the facility, and who is eligible to receive care at the facility, to schedule a follow-up appointment for postpartum care of the covered individual that is concurrent with the date of the initial well-child visit for the infant of the covered individual.

“(d) Definitions.—In this section:

“(1) The term ‘covered individual’ means a member of the armed forces (including the reserve components) performing active service, or a dependent of such member, who is entitled to medical care under this chapter.

“(2) The term ‘well-child visit’ means a regularly scheduled medical appointment with a pediatrician for the general health and development of a child, as recommended by the American Academy of Pediatrics or a similarly established professional medical association.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074o the following new item:

“1074p. Postpartum care for certain members and dependents.”.

(3) EFFECTIVE DATE AND APPLICABILITY.—The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply with respect to births that occur on or after the date that is six months after the date of the enactment of this Act.

(b) Standardized policies.—Not later than after 180 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1) develop a standardized policy under which neither a member of the Armed Forces who gives birth while on active duty, nor a member of the reserve components who gives birth (regardless of whether such birth occurs while the member of the reserve components is performing active service), may be required to take a physical fitness test until the date that is one year after the date on which such member gave birth;

(2) develop a standardized policy for postpartum body composition assessments with respect to such members; and

(3) ensure the policies developed under paragraphs (1) and (2) are implemented uniformly across each of the Armed Forces.

(1) PILOT PROGRAM.—The Secretary shall carry out a one-year pilot program to further streamline the process of scheduling postpartum appointments at military medical treatment facilities by reducing the number of distinct visits required for such appointments.

(2) STREAMLINING OF APPOINTMENTS.—In carrying out the pilot program under paragraph (1), the Secretary shall ensure that there is provided within each military medical treatment facility selected under paragraph (3) an option for covered individuals who have recently given birth at the facility, and who are eligible to receive care at the facility, to receive a physical therapy evaluation in connection with each appointment provided by the facility for postpartum care of the covered individual or for care of the infant of the covered individual, including such appointments provided concurrently pursuant to section 1074p(c) of title 10, United 25 States Code (as added by subsection (a)).

(3) SELECTION.—The Secretary shall select not fewer than three military medical treatment facilities from each military department at which to carry out the pilot program under paragraph (1). In making such selection—

(A) the Secretary may not select a military medical treatment facility that already provides covered individuals with the option to receive a physical therapy evaluation as specified in paragraph (2); and

(B) the Secretary shall ensure geographic diversity with respect to the location of the military medical treatment facilities, including by considering for selection military medical treatment facilities located outside of the United States.

(4) REPORT.—Not later than one year after the commencement of the pilot program under paragraph (1), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the effectiveness of the pilot program. Such report shall include—

(A) a recommendation by the Secretary on whether to expand or extend the pilot program; and

(B) a summary of the findings that led to such recommendation.

(5) COVERED INDIVIDUAL DEFINED.—In this subsection, the term “covered individual” has the meaning given such term in section 1074p(d) of title 10, United States Code (as added by subsection (a)).

(d) Pelvic health at military medical treatment facilities.—The Secretary shall take such steps as are necessary to increase the capacity of military medical treatment facilities to provide pelvic health rehabilitation services, including by increasing the number of physical therapists employed at such facilities who are trained in pelvic health rehabilitation.

(e) Review of pelvic health rehabilitation programs.—

(1) REVIEW.—The Secretary shall conduct a review of any current pelvic health rehabilitation programs of the Department of Defense, including an evaluation of the outcomes of any such programs.

(2) REPORT.—Not later than nine months 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 the Senate a report containing the findings of the review under paragraph (1).

(f) Guidance on obstetric hemorrhage treatment.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance on the development and implementation of standard protocols across the military health system for the treatment of obstetric hemorrhages, including through the use of pathogen reduced resuscitative blood products.

SEC. 702. Eating disorders treatment for certain members of the Armed Forces and dependents.

(a) Eating disorders treatment for certain dependents.—Section 1079 of title 10, United States Code, is amended—

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

“(18) Treatment for eating disorders may be provided in accordance with subsection (r).”; and

(2) by adding at the end the following new subsection:

“(r) (1) The provision of health care services for an eating disorder under subsection (a)(18) shall include the following services:

“(A) Inpatient services, including residential services.

“(B) Outpatient services for in-person or telehealth care, including partial hospitalization services and intensive outpatient services.

“(2) A dependent may be provided health care services for an eating disorder under subsection (a)(18) without regard to—

“(A) the age of the dependent, except with respect to residential services under paragraph (1)(A), which may be provided only to a dependent who is not eligible for hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); and

“(B) whether the eating disorder is the primary or secondary diagnosis of the dependent.

“(3) In this section, the term ‘eating disorder’ has the meaning given the term ‘feeding and eating disorders’ in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (or successor edition), published by the American Psychiatric Association.”.

(b) Limitation with respect to retirees.—

(1) IN GENERAL.—Section 1086(a) of title 10, Untied States Code, is amended by inserting “and (except as provided in subsection (i)) treatments for eating disorders” after “eye examinations”.

(2) EXCEPTION.—Such section is further amended by adding at the end the following new subsection:

“(i) If, prior to October 1, 2022, a category of persons covered by this section was eligible to receive a specific type of treatment for eating disorders under a plan contracted for under subsection (a), the general prohibition on the provision of treatments for eating disorders specified in such subsection shall not apply with respect to the provision of the specific type of treatment to such category of persons.”.

(1) IN GENERAL.—Section 1090 of title 10, United States Code, is amended—

(A) in the heading, by inserting “eating disorders and” after “treating”;

(B) by striking “The Secretary of Defense” and inserting the following:

“(a) Identification and treatment of eating disorders and drug and alcohol dependence.—Except as provided in subsection (b), the Secretary of Defense”;

(D) by adding at the end the following new subsections:

“(b) Facilities available to individuals with eating disorders.—For purposes of this section, ‘necessary facilities’ described in subsection (a) shall include, with respect to individuals who have an eating disorder, facilities that provide the services specified in section 1079(r)(1) of this title.

“(c) Eating disorder defined.—In this section, the term ‘eating disorder’ has the meaning given that term in section 1079(r) of this title.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1090 and inserting the following new item:

“1090. Identifying and treating eating disorders and drug and alcohol dependence.”.

(d) Effective date.—The amendments made by this section shall take effect on October 1, 2022.

SEC. 703. Modifications relating to coverage of telehealth services under TRICARE program and other matters.

(a) Coverage of telehealth services under TRICARE program during certain health emergencies.—

(1) COVERAGE DURING HEALTH EMERGENCIES.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1076f the following new section:

“§ 1076g. TRICARE program: coverage of telehealth services during certain health emergencies

“(a) Telehealth coverage requirements.—During a covered health emergency—

“(1) no cost sharing amount (including copayments and deductibles, as applicable) may be charged under the TRICARE program to a covered beneficiary for a telehealth service;

“(2) telehealth appointments that involve audio communication shall be considered to be telehealth appointments for purposes of coverage under the TRICARE program, notwithstanding that such appointments do not involve video communication; and

“(3) the Secretary of Defense may reimburse providers of telehealth services under the TRICARE program for the provision of such services to covered beneficiaries regardless of whether the provider is licensed in the State in which the covered beneficiary is located.

“(b) Application to overseas providers.—Subsection (a)(3) shall apply with respect to a provider located in a foreign country if the provider holds a license to practice that is determined by the Secretary to be an equivalent to a U.S. license and the provider is authorized to practice by the respective foreign government.

“(c) Extension.—The Secretary may extend the coverage requirements under subsection (a) for a period of time after the date on which a covered health emergency terminates, as determined appropriate by the Secretary.

“(d) Covered health emergency defined.—In this section, the term ‘covered health emergency’ means a national emergency or disaster related to public health that is declared pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), section 319 of the Public Health Service Act (42 U.S.C. 247d), or any other Federal law determined relevant by the Secretary.”.

(2) CLERICAL AMENDMENT.—Such chapter is further amended in the table of sections by inserting after the item relating to section 1076f the following new item:

“1076g. TRICARE program: coverage of telehealth services during certain health emergencies.”.

(3) APPLICATION AND EXTENSION FOR COVID–19.—

(A) APPLICATION.—The amendments made by paragraph (1) shall apply with respect to the emergency declared by the President on March 13, 2020, pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to the coronavirus disease 2019 (COVID–19).

(B) EXTENSION.—The Secretary shall extend the telehealth coverage requirements pursuant to section 1074g(c) of title 10, United States Code, as added by paragraph (1), until the date that is 180 days after the date on which the emergency specified in subparagraph (A) terminates.

(b) Pilot program to place certain retired members of the Armed Forces in the Ready Reserve; pay.—

(1) AUTHORITY.—

(A) IN GENERAL.—Notwithstanding section 10145 of title 10, United States Code, the Secretary of a military department may prescribe regulations to carry out a pilot program under which a retired member of a regular component of the Armed Forces entitled to retired pay may be placed in the Ready Reserve if the Secretary concerned—

(i) determines that the retired member has more than 20 years of creditable service in that regular component; and

(ii) makes a special finding that the member possesses a skill in which the Ready Reserve of the Armed Force concerned has a critical shortage of personnel.

(B) LIMITATION ON DELEGATION.—The authority of the Secretary concerned under subparagraph (A) may not be delegated—

(i) to a civilian officer or employee of the military department concerned below the level of Assistant Secretary; or

(ii) to a member of the Armed Forces below the level of the lieutenant general or vice admiral in an Armed Force with responsibility for military personnel policy in that Armed Force.

(2) PAY FOR DUTIES PERFORMED IN THE READY RESERVE IN ADDITION TO RETIRED PAY.—Notwithstanding section 12316 of such title 10, a member placed in the Ready Reserve under paragraph (1) may receive—

(A) retired pay; and

(B) the pay and allowances authorized by law for duty that member performs.

(3) TERMINATION.—A pilot program under this subsection shall terminate not later than four years after the date of the enactment of this Act.

(4) REPORT.—Not later than 90 days after a pilot program terminates under paragraph (3), the Secretary concerned shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding such pilot program, including the recommendation of the Secretary concerned whether such pilot program should be made permanent.

(1) PERSONS NOT CURRENTLY PARTICIPATING IN SURVIVOR BENEFIT PLAN.—

(A) ELECTION OF SBP COVERAGE.—An eligible retired or former member may elect to participate in the Survivor Benefit Plan during the open enrollment period specified in paragraph (4).

(B) ELIGIBLE RETIRED OR FORMER MEMBER.—For purposes of subparagraph (A), an eligible retired or former member is a member or former member of the uniformed services who, on the day before the first day of the open enrollment period, discontinued participation in the Survivor Benefit Plan under section 1452(g) of title 10, United States Code, and—

(i) is entitled to retired pay; or

(ii) would be entitled to retired pay under chapter of title 10, United States Code (or chapter 67 of such title as in effect before October 5, 1994), but for the fact that such member or former member is under 60 years of age.

(i) STANDARD ANNUITY.—A person making an election under subparagraph (A) by reason of eligibility under subparagraph (B)(i) shall be treated for all purposes as providing a standard annuity under the Survivor Benefit Plan.

(ii) RESERVE-COMPONENT ANNUITY.—A person making an election under subparagraph (A) by reason of eligibility under subparagraph (B)(ii) shall be treated for all purposes as providing a reserve-component annuity under the Survivor Benefit Plan.

(2) MANNER OF MAKING ELECTIONS.—

(A) IN GENERAL.—An election under this subsection must be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Except as provided in subparagraph (B), any such election shall be made subject to the same conditions, and with the same opportunities for designation of beneficiaries and specification of base amount, that apply under the Survivor Benefit Plan. A person making an election under paragraph (1) to provide a reserve-component annuity shall make a designation described in section 1448(e) of title 10, United States Code.

(B) ELECTION MUST BE VOLUNTARY.—An election under this subsection is not effective unless the person making the election declares the election to be voluntary. An election to participate in the Survivor Benefit Plan under this subsection may not be required by any court. An election to participate or not to participate in the Survivor Benefit Plan is not subject to the concurrence of a spouse or former spouse of the person.

(3) EFFECTIVE DATE FOR ELECTIONS.—Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned.

(4) OPEN ENROLLMENT PERIOD DEFINED.—The open enrollment period is the period beginning on the date of the enactment of this Act and ending on January 1, 2023.

(5) APPLICABILITY OF CERTAIN PROVISIONS OF LAW.—The provisions of sections 1449, 1453, and 1454 of title 10, United States Code, are applicable to a person making an election, and to an election, under this subsection in the same manner as if the election were made under the Survivor Benefit Plan.

(6) PREMIUMS FOR OPEN ENROLLMENT ELECTION.—

(A) PREMIUMS TO BE CHARGED.—The Secretary of Defense shall prescribe in regulations premiums which a person electing under this subsection shall be required to pay for participating in the Survivor Benefit Plan pursuant to the election. The total amount of the premiums to be paid by a person under the regulations shall be equal to the sum of—

(i) the total amount by which the retired pay of the person would have been reduced before the effective date of the election if the person had elected to participate in the Survivor Benefit Plan (for the same base amount specified in the election) at the first opportunity that was afforded the member to participate under chapter 73 of title 10, United States Code;

(ii) interest on the amounts by which the retired pay of the person would have been so reduced, computed from the dates on which the retired pay would have been so reduced at such rate or rates and according to such methodology as the Secretary of Defense determines reasonable; and

(iii) any additional amount that the Secretary determines necessary to protect the actuarial soundness of the Department of Defense Military Retirement Fund against any increased risk for the fund that is associated with the election.

(B) PREMIUMS TO BE CREDITED TO RETIREMENT FUND.—Premiums paid under the regulations shall be credited to the Department of Defense Military Retirement Fund.

(7) DEFINITIONS.—In this subsection:

(A) The term “Survivor Benefit Plan” means the program established under subchapter II of chapter 73 of title 10, United States Code.

(B) The term “retired pay” includes retainer pay paid under section 8330 of title 10, United States Code.

(C) The terms “uniformed services” and “Secretary concerned” have the meanings given those terms in section 101 of title 37, United States Code.

(D) The term “Department of Defense Military Retirement Fund” means the Department of Defense Military Retirement Fund established under section 1461(a) of title 10, United States Code.

SEC. 704. Modifications to pilot program on health care assistance system.

Section 731(d) of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 1075 note) is amended—

(1) in the matter preceding paragraph (1), by striking “January 1, 2021” and inserting “November 1, 2022”;

(2) in paragraph (1), by striking “; and” and inserting a semicolon;

(3) in paragraph (2), by striking the period and inserting “; and”; and

(4) by adding at the end the following new paragraph:

“(3) input from covered beneficiaries who have participated in the pilot program regarding their satisfaction with, and any benefits attained from, such participation.”.

SEC. 705. Temporary requirement for contraception coverage parity under the TRICARE program.

(a) In general.—The Secretary of Defense shall ensure that, during the one-year period beginning on the date that is 30 days after the date of the enactment of the Act, the imposition or collection of cost-sharing for certain services is prohibited as follows:

(1) PHARMACY BENEFITS PROGRAM.—Notwithstanding subparagraphs (A), (B), and (C), of section 1074g(a)(6) of title 10, United States Code, cost-sharing may not be imposed or collected with respect to any eligible covered beneficiary for any prescription contraceptive on the uniform formulary provided through a retail pharmacy described in section 1074(a)(2)(E)(ii) of such title or through the national mail-order pharmacy program of the TRICARE Program.

(2) TRICARE SELECT.—Notwithstanding any provision under section 1075 of title 10, United States Code, cost-sharing may not be imposed or collected with respect to any beneficiary under such section for a covered service that is provided by a network provider under the TRICARE program.

(3) TRICARE PRIME.—Notwithstanding subsections (a), (b), and (c) of section 1075a of title 10, United States Code, cost-sharing may not be imposed or collected with respect to any beneficiary under such section for a covered service that is provided under TRICARE Prime.

(b) Definitions.—In this section:

(1) The term “covered service” means any method of contraception approved by the Food and Drug Administration, any contraceptive care (including with respect to insertion, removal, and follow up), any sterilization procedure, or any patient education or counseling service provided in connection with any such method, care, or procedure.

(2) The term “eligible covered beneficiary” has the meaning given such term in section 1074g of title 10, United States Code.

(3) The terms “TRICARE Program” and “TRICARE Prime” have the meaning given such terms in section 1072 of title 10, United States Code.

subtitle B—Health Care Administration

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

Section 1073c(c)(5) of title 10, United States Code, is amended by striking “paragraphs (1) through (4)” and inserting “paragraph (3) or (4)”.

SEC. 712. Requirement for consultations related to military medical research and Defense Health Agency Research and Development.

(a) Consultations required.—Section 1073c of title 10, United States Code, is amended—

(1) by redesignating subsections (f) and (g) as subsections (g) and (h); and

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

“(f) Consultations on medical research of military departments.—In implementing subsection (e)(1) (and on an ongoing basis after the establishment of the Defense Health Agency Research and Development pursuant to such subsection), the Secretary of Defense, acting through the Secretaries of the military departments, shall ensure that periodic consultations are carried out within each military department regarding the plans and requirements for military medical research organizations and activities of the military department.”.

(b) Requirements for initial consultations.—The Secretary of Defense shall ensure that initial consultations under section 1073c(f) of title 10, United States Code (as added by subsection (a)), are carried out prior to the establishment of the Defense Health Agency Research and Development and address—

(1) the plans of each military department to ensure a comprehensive transition of any military medical research organizations of the military department with respect to the establishment of the Defense Health Agency Research and Development; and

(2) any risks involved in such transition that may compromise ongoing medical research and development activities of the military department.

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

(a) In general.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1073e the following new section:

“§ 1073f. Health care fraud and abuse prevention program

“(a) Program authorized.— (1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense.

“(2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency.

“(3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General.

“(b) Civil monetary penalties.— (1) Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a).

“(2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed—

“(A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and

“(B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d).

“(c) Interagency agreements.—The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a).

“(d) Rule of construction.—Joint administration of the program authorized under subsection (a) may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law.

“(e) Fraud and abuse defined.—In this section, the term ‘fraud and abuse’ means any conduct specified in subsection (a) or (b) of section 1128A of the Social Security Act (42 U.S.C. 1320a–7a).”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1073e the following new item:

“1073f. Health care fraud and abuse prevention program.”.

SEC. 714. Mandatory referral for mental health evaluation.

Section 1090a of title 10, United States Code, is amended—

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

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

“(e) Process applicable to member disclosure.—The regulations required by subsection (a) shall—

“(1) establish a phrase that enables a member of the armed forces to trigger a referral of the member by a commanding officer or supervisor for a mental health evaluation;

“(2) require a commanding officer or supervisor to make such referral as soon as practicable following disclosure by the member to the commanding officer or supervisor of the phrase established under paragraph (1); and

“(3) ensure that the process protects the confidentiality of the member in a manner similar to the confidentiality provided for members making restricted reports under section 1565b(b) of this title.”.

SEC. 715. Inclusion of exposure to perfluoroalkyl and polyfluoroalkyl substances as component of periodic health assessments.

(a) Periodic health assessment.—Each Secretary concerned shall ensure that any periodic health assessment provided to a member of the Armed Forces includes an evaluation of whether the member has been—

(1) based or stationed at a military installation identified by the Secretary concerned as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or

(2) exposed to such substances, including by evaluating any information in the health record of the member.

(b) Separation history and physical examinations.—Section 1145 of title 10, United States Code, is amended—

(1) in subsection (a)(5), by adding at the end the following new subparagraph:

“(D) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was—

“(i) based or stationed at a military installation identified by the Secretary concerned as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or

“(ii) exposed to such substances, including by assessing any information in the health record of the member.”; and

(2) by adding at the end the following new subsection:

“(g) Secretary concerned defined.—In this section, the term ‘Secretary concerned’ has the meaning given such term in section 101 of this title (and otherwise includes the Secretary of the department in which the Coast Guard is operating).”.

(1) in subsection (b)(2), by adding at the end the following new subparagraph:

“(E) An assessment of whether the member was—

“(ii) exposed to such substances, including by assessing any information in the health record of the member.”; and

(2) by adding at the end the following new subsection:

“(h) Secretary concerned defined.—In this section, the term ‘Secretary concerned’ has the meaning given such term in section 101 of this title (and otherwise includes the Secretary of the department in which the Coast Guard is operating).”.

(d) Provision of blood testing to determine exposure to perfluoroalkyl substances or polyfluoroalkyl substances.—

(1) PROVISION OF BLOOD TESTING.—

(A) IN GENERAL.—If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary concerned shall provide to that member, during the covered evaluation, blood testing to determine and document potential exposure to such substances.

(B) INCLUSION IN HEALTH RECORD.—The results of blood testing of a member of the Armed Forces conducted under subparagraph (A) shall be included in the health record of the member.

(2) DEFINITIONS.—In this section:

(A) The term “covered evaluation” means—

(i) a periodic health assessment conducted in accordance with subsection (a);

(ii) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by subsection (b); or

(iii) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by subsection (c).

(B) The term “Secretary concerned” has the meaning given such term in section 101 of title 10, United States Code (and otherwise includes the Secretary of the department in which the Coast Guard is operating).

SEC. 716. Prohibition on adverse personnel actions taken against certain members of the Armed Forces based on declining COVID–19 vaccine.

(a) Findings.—Congress finds the following:

(1) The Secretary of Defense has announced a COVID–19 vaccine mandate will take effect for the Department of Defense

(2) Many Americans have reservations about taking a vaccine that has only been available for less than a year.

(3) Reports of adverse actions being taken, or threatened, by military leadership at all levels are antithetical to our fundamental American values.

(4) Any discharge other than honorable denotes a dereliction of duty or a failure to serve the United States and its people to the best of the ability of an individual.

(b) Prohibition.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1107a the following new section:

“§ 1107b. Prohibition on certain adverse personnel actions related to COVID–19 vaccine requirement

“(a) Prohibition.—Notwithstanding any other provision of law, a member of an Armed Force under the jurisdiction of the Secretary of a military department subject to discharge on the basis of the member choosing not to receive the COVID–19 vaccine may only receive an honorable discharge.

“(b) Member of an Armed Force defined.—In this section, the term ‘member of an Armed Force’ means a member of the Army, Navy, Air Force, Marine Corps, or the Space Force.”.

(c) Clerical amendment.—The table of sections for such chapter is amended by inserting after the item relating to section 1107a the following new item:

“1107b. Prohibition on certain adverse personnel actions related to COVID–19 vaccine requirement”.

SEC. 717. Establishment of Department of Defense system to track and record information on vaccine administration.

(a) Establishment of system.—Section 1110 of title 10, United States Code, is amended—

(1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and

(2) by inserting after the heading the following new subsection:

“(a) System to track and record vaccine information.— (1) The Secretary of Defense, in coordination with the Secretaries of the military departments, shall establish a system to track and record the following information:

“(A) Each vaccine administered by a health care provider of the Department of Defense to a member of an armed force under the jurisdiction of the Secretary of a military department.

“(B) Any adverse reaction of the member related to such vaccine.

“(C) Each refusal of a vaccine by such a member on the basis that the vaccine is being administered by a health care provider of the Department pursuant to an emergency use authorization granted by the Commissioner of Food and Drugs under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–3).

“(2) In carrying out paragraph (1), the Secretary of Defense shall ensure that—

“(A) any electronic health record maintained by the Secretary for a member of an armed force under the jurisdiction of the Secretary of a military department is updated with the information specified in such paragraph with respect to the member; and

“(B) any collection, storage, or use of such information is conducted through means involving such cyber protections as the Secretary determines necessary to safeguard the personal information of the member.”.

(b) Conforming amendments.—Such section is further amended—

(1) in the heading by striking “Anthrax vaccine immunization program; procedures for exemptions and monitoring reactions” and inserting “System for tracking and recording vaccine information; anthrax vaccine immunization program”; and

(2) in subsection (b), as redesignated by subsection (a)(1), by striking “Secretary of Defense” and inserting “Secretary”.

(c) Clerical amendment.—The table of sections for chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1110 and inserting the following new item:

“1110. System for tracking and recording vaccine information; anthrax vaccine immunization program.”.

(d) Deadline for establishment of system.—The Secretary of Defense shall establish the system under section 1110 of title 10, United States Code. as added by subsection (a), by not later than January 1, 2023.

(e) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the administration of vaccines to members of the Armed Forces under the jurisdiction of the Secretary of a military department and on the status of establishing the system under section 1110(a) of title 10, United States Code (as added by subsection (a)). Such report shall include information on the following:

(1) The process by which such members receive vaccines, and the process by which the Secretary tracks, records, and reports on, vaccines received by such members (including with respect to any transfers by a non-Department provider to the Department of vaccination records or other medical information of the member related to the administration of vaccines by the non-Department provider).

(2) The storage of information related to the administration of vaccines in the electronic health records of such members, and the cyber protections involved in such storage, as required under such section 1110(a)(2) of title 10, United States Code.

(3) The general process by which medical information of beneficiaries under the TRICARE program is collected, tracked, and recorded, including the process by which medical information from providers contracted by the Department or from a State or local department of health is transferred to the Department and associated with records maintained by the Secretary.

(4) Any gaps or challenges relating to the vaccine administration process of the Department and any legislative or budgetary recommendations to address such gaps or challenges.

(f) Definitions.—In this section:

(1) The term “military departments” has the meaning given such term in section 101 of title 10, United States Code.

(2) The term “TRICARE program” has the meaning given such term in section 1072 of such title.

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

Section 2114(h) of title 10, United States Code, is amended—

(1) by striking “The Secretary of Defense” and inserting “(1) The Secretary of Defense, in coordination with the Secretary of Health and Human Services and the Secretary of Veterans Affairs,”; and

(2) by adding at the end the following new paragraph:

“(2) (A) A covered employee whose employment or service with the Department of Veterans Affairs, Public Health Service, or Coast Guard (as applicable) is in a position relevant to national security or health sciences may receive instruction at the University within the scope of such employment or service.

“(B) If a covered employee receives instruction at the University pursuant to subparagraph (A), the head of the Federal agency concerned shall reimburse the University for the cost of providing such instruction to the covered employee. Amounts received by the University under this subparagraph shall be retained by the University to defray the costs of such instruction.

“(C) Notwithstanding subsections (b) through (e) and subsection (i), the head of the Federal agency concerned shall determine the service obligations of the covered employee receiving instruction at the University pursuant to subparagraph (A) in accordance with applicable law.

“(D) In this paragraph—

“(i) the term ‘covered employee’ means an employee of the Department of Veterans Affairs, a civilian employee of the Public Health Service, a member of the commissioned corps of the Public Health Service, a member of the Coast Guard, or a civilian employee of the Coast Guard; and

“(ii) the term ‘head of the Federal agency concerned’ means the head of the Federal agency that employs, or has jurisdiction over the uniformed service of, a covered employee permitted to receive instruction at the University under subparagraph (A) in the relevant position described in such subparagraph.”.

SEC. 719. Mandatory training on health effects of burn pits.

The Secretary of Defense shall provide to each medical provider of the Department of Defense mandatory training with respect to the potential health effects of burn pits.

SEC. 720. Department of Defense procedures for exemptions from mandatory COVID–19 vaccines.

(a) Exemptions.—The Secretary of Defense shall establish uniform procedures under which covered members may be exempted from receiving an otherwise mandated COVID–19 vaccine for administrative, medical, or religious reasons, including on the basis of possessing an antibody test result demonstrating previous COVID–19 infection.

(b) Definitions.—In this section:

(1) The term “covered member” means a member of an Armed Force under the jurisdiction of the Secretary of a military department.

(2) The term “COVID–19 vaccine” means any vaccine for the coronavirus disease 2019 (COVID–19), including any subsequent booster shot for COVID–19.

SEC. 721. Modifications and report related to reduction or realignment of military medical manning and medical billets.

(a) Modifications to limitation on reduction or realignment.—Section 719 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1454), as amended by section 717 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is further amended—

(1) in subsection (a), by striking “180 days following the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021” and inserting “the year following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022”; and

(2) in subsection (b)(1), by inserting “, including any billet validation requirements determined pursuant to estimates provided in the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232),” after “requirements of the military department of the Secretary”.

(b) GAO report on reduction or realignment of military medical manning and medical billets.—

(1) REPORT.—Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the analyses used to support any reduction or realignment of military medical manning, including any reduction or realignment of medical billets of the military departments.

(2) ELEMENTS.—The report under paragraph (1) shall include the following:

(A) An analysis of the use of the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817) and wartime scenarios to determine military medical manpower requirements, including with respect to pandemic influenza and homeland defense missions.

(B) An assessment of whether the Secretaries of the military departments have used the processes under section 719(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1454) to ensure that a sufficient combination of skills, specialties, and occupations are validated and filled prior to the transfer of any medical billets of a military department to fill other military medical manpower needs.

(C) An assessment of the effect of the reduction or realignment of such billets on local health care networks and whether the Director of the Defense Health Agency has conducted such an assessment in coordination with the Secretaries of the military departments.

SEC. 722. Cross-functional team for emerging threat relating to anomalous health incidents.

(a) Establishment.—Using the authority provided under section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note), the Secretary of Defense shall establish a cross-functional team to address national security challenges posed by anomalous health incidents (as defined by the Secretary) and ensure that individuals affected by anomalous health incidents receive timely and comprehensive health care and treatment pursuant to title 10, United States Code, or other provisions of law administered by the Secretary, for symptoms consistent with an anomalous health incident.

(b) Duties.—The duties of the cross-functional team established under subsection (a) shall be—

(1) to assist the Secretary of Defense with addressing the challenges posed by anomalous health incidents and any other efforts regarding such incidents that the Secretary determines necessary; and

(2) to integrate the efforts of the Department of Defense regarding anomalous health incidents with the efforts of other departments or agency of the Federal Government regarding such incidents.

(c) Team leader.—The Secretary shall select an Under Secretary of Defense to lead the cross-functional team and a senior military officer to serve as the deputy to the Under Secretary so selected.

(d) Determination of organizational roles and responsibilities.—The Secretary, in coordination with the Director of National Intelligence and acting through the cross-functional team established under subsection (a), shall determine the roles and responsibilities of the organizations and elements of the Department of Defense with respect to addressing anomalous health incidents, including the roles and responsibilities of the Office of the Secretary of Defense, the intelligence components of the Department, Defense agencies, and Department of Defense field activities, the military departments, combatant commands, and the Joint Staff.

(e) Briefings.—

(1) INITIAL BRIEFING.—Not later than 30 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate congressional committees a briefing on—

(A) the progress of the Secretary in establishing the cross-functional team; and

(B) the progress the team has made in—

(i) determining the roles and responsibilities of the organizations and elements of the Department of Defense with respect the cross-functional team; and

(ii) carrying out the duties under subsection (b).

(2) UPDATES.—Not later than 75 days after the date of the enactment of this Act, and once every 45 days thereafter during the one-year period following such date of enactment, the Secretary shall provide to the appropriate congressional committees a briefing containing updates with respect to the efforts of the Department regarding anomalous health incidents.

(f) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

SEC. 723. Implementation of integrated product for management of population health across military health system.

(a) Integrated product.—The Secretary of Defense shall develop and implement an integrated product for the management of population health across the military health system. Such integrated product shall serve as a repository for the health care, demographic, and other relevant data of all covered beneficiaries, including with respect to data on health care services furnished to such beneficiaries through the purchased care and direct care components of the TRICARE program, and shall—

(1) be compatible with the electronic health record system maintained by the Secretary for members of the Armed Forces;

(2) enable the coordinated case management of covered beneficiaries with respect to health care services furnished to such beneficiaries at military medical treatment facilities and at private sector facilities through health care providers contracted by the Department of Defense;

(3) enable the collection and stratification of data from multiple sources to measure population health goals, facilitate disease management programs of the Department, improve patient education, and integrate wellness services across the military health system; and

(4) enable predictive modeling to improve health outcomes for patients and to facilitate the identification and correction of medical errors in the treatment of patients, issues regarding the quality of health care services provided, and gaps in health care coverage.

(b) Definitions.—In this section:

(1) The terms “covered beneficiary” and “TRICARE program” have the meanings given such terms in section 1072 of title 10, United States Code.

(2) The term “integrated product” means an electronic system of systems (or solutions or products) that provides for the integration and sharing of data to meet the needs of an end user in a timely and cost effective manner.

SEC. 724. Digital health strategy of Department of Defense.

(a) Digital health strategy.—

(1) STRATEGY.—Not later than April 1, 2022, the Secretary of Defense shall develop a digital health strategy of the Department of Defense to incorporate new and emerging technologies and methods (including three-dimensional printing, virtual reality, wearable devices, big data and predictive analytics, and other innovative methods that leverage new or emerging technologies) in the provision of clinical care within the military health system.

(2) ELEMENTS.—The strategy under paragraph (1) shall address, with respect to future use within the military health system, the following:

(A) Emerging technology to improve the delivery of clinical care and health services.

(B) Design thinking to improve the delivery of clinical care and health services.

(D) Simulation technologies for clinical training (including through simulation immersive training) and clinical education, and for the training of health care personnel in the adoption of emerging technologies for clinical care delivery.

(E) Wearable devices.

(F) Three-dimensional printing and related technologies.

(G) Data-driven decision making, including through the use of big data and predictive analytics, in the delivery of clinical care and health services.

(b) Report.—Not later than July 1, 2022, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report setting forth—

(1) the strategy under subsection (a); and

(2) a plan to implement such strategy, including the estimated timeline and cost for such implementation.

SEC. 725. Development and update of certain policies relating to military health system and integrated medical operations.

(a) In general.—By not later than October 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall develop and update certain policies relating to the military health system and integrated medical operations of the Department of Defense as follows:

(1) UPDATED PLAN ON INTEGRATED MEDICAL OPERATIONS IN CONTINENTAL UNITED STATES.—The Secretary of Defense shall develop an updated plan on integrated medical operations in the continental United States and update the Department of Defense Instruction 6010.22, titled “National Disaster Medical System (NDMS)” (or such successor instruction) accordingly. Such updated plan shall—

(A) be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817);

(B) include a determination as to whether combat casualties should receive medical care under the direct care or purchased care component of the military health system and a risk analysis in support of such determination;

(C) identify the manning levels required to furnish medical care under the updated plan, including with respect to the levels of military personnel, civilian employees of the Department, and contractors of the Department; and

(D) include a cost estimate for the furnishment of such medical care.

(2) UPDATED PLAN ON GLOBAL PATIENT MOVEMENT.—The Secretary of Defense shall develop an updated plan on global patient movement and update the Department of Defense Instruction 5154.06, relating to medical military treatment facilities and patient movement (or such successor instruction) accordingly. Such updated plan shall—

(B) include a risk assessment with respect to patient movement compared against overall operational plans;

(C) include a description of any capabilities-based assessment of the Department that informed the updated plan or that was in progress during the time period in which the updated plan was developed; and

(D) identify the manning levels, equipment and consumables, and funding levels, required to carry out the updated plan.

(3) ASSESSMENT OF BIOSURVEILLANCE AND MEDICAL RESEARCH CAPABILITIES.—The Secretary of Defense shall conduct an assessment of biosurveillance and medical research capabilities of the Department of Defense. Such assessment shall include the following:

(A) An identification of the location and strategic value of the overseas medical laboratories and overseas medical research programs of the Department.

(B) An assessment of the current capabilities of such laboratories and programs with respect to force health protection and evidence-based medical research.

(C) A determination as to whether such laboratories and programs have the capabilities, including as a result of the geographic location of such laboratories and programs, to provide force health protection and evidence-based medical research, including by actively monitoring for future pandemics, infectious diseases, and other potential health threats to members of the Armed Forces.

(D) The current capabilities, with respect to biosurveillance and medical research, of the following entities:

(i) The Army Medical Research Development Command.

(ii) The Navy Medical Research Command.

(iii) The Air Force Medical Readiness Agency.

(iv) The Walter Reed Army Institute of Research.

(v) The United States Army Medical Research Institute of Infectious Disease.

(vi) The Armed Forces Health Surveillance Branch (including the Global Emerging Infectious Surveillance program).

(vii) Such other entities as the Secretary may determine appropriate.

(E) A determination as to whether the entities specified in subparagraph (D) have the capabilities, including as a result of the geographic location of the entity, to provide force health protection and evidence-based medical research, including by actively monitoring for future pandemics, infectious diseases, and other potential health threats to members of the Armed Forces.

(F) The current manning levels of the entities specified in subparagraph (D), including an assessment of whether such entities are manned at a level necessary to support the missions of the combatant commands (including with respect to missions related to pandemic influenza or homeland defense).

(G) The current funding levels of the entities specified in subparagraph (D), including a risk assessment as to whether such funding is sufficient to sustain the manning levels necessary to support missions as specified in subparagraph (F).

(4) ANALYSIS OF MILITARY HEALTH SYSTEM ORGANIZATION.—The Secretary of Defense shall conduct an analysis to determine whether the current organizational structure of the military health system allows for the implementation of the updated plans under paragraphs (1) and (2) and of any recommendations made by the Secretary as a result of the assessment under paragraph (3). Such analysis shall include—

(A) an assessment of how the Secretary may leverage TRICARE Regional Offices, TRICARE managed care support contractors, and local or regional health care systems, to address any potential gaps in the provision of medical care under the military health system that may limit the progress of such implementation or may arise as the result of such implementation; and

(B) recommendations on any organizational changes to the military health system that would be necessary for such implementation.

(b) Interim briefing.—Not later than April 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall provide to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the progress of implementation of the plans, assessment, and analysis required under subsection (a).

(c) Report.—Not later than December 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report describing each updated plan, assessment, and analysis required under subsection (a).

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

(a) Standardization of definitions.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop standardized definitions for the following terms:

(1) “Suicide”.

(2) “Suicide attempt”.

(3) “Suicidal ideation”.

(b) Required use of standardized definitions.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue policy guidance requiring the exclusive and uniform use across the Department of Defense and within each military department of the standardized definitions developed under subsection (a) for the terms specified in such subsection.

(c) 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 the Senate a report that sets forth the standardized definitions developed under subsection (a) and includes—

(1) a description of the process that was used to develop such definitions;

(2) a description of the methods by which data shall be collected on suicide, suicide attempts, and suicidal ideations (as those terms are defined pursuant to such definitions) in a standardized format across the Department and within each military department; and

(3) an implementation plan to ensure the use of such definitions as required pursuant to subsection (b).

subtitle C—Reports and Other Matters

SEC. 731. Grant program for increased cooperation on post-traumatic stress disorder research between United States and Israel.

(a) Sense of Congress.—It is the sense of Congress that the Secretary of Defense, acting through the Psychological Health and Traumatic Brain Injury Research Program, should seek to explore scientific collaboration between American academic institutions and nonprofit research entities, and Israeli institutions with expertise in researching, diagnosing, and treating post-traumatic stress disorder.

(b) Grant program.—The Secretary of Defense, in coordination with the Secretary of State, shall award grants to eligible entities to carry out collaborative research between the United States and Israel with respect to post-traumatic stress disorders. The Secretary of Defense shall carry out the grant program under this section in accordance with the agreement titled “Agreement Between the Government of the United States of America and the Government of Israel on the United States-Israel Binational Science Foundation”, dated September 27, 1972.

(c) Eligible entities.—To be eligible to receive a grant under this section, an entity shall be an academic institution or a nonprofit entity located in the United States.

(d) Award.—The Secretary shall award grants under this section to eligible entities that—

(1) carry out a research project that—

(A) addresses a requirement in the area of post-traumatic stress disorders that the Secretary determines appropriate to research using such grant; and

(B) is conducted by the eligible entity and an entity in Israel under a joint research agreement; and

(2) meet such other criteria that the Secretary may establish.

(e) Application.—To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such commitments and information as the Secretary may require.

(f) Gift authority.—The Secretary may accept, hold, and administer, any gift of money made on the condition that the gift be used for the purpose of the grant program under this section. Such gifts of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund and shall be available, subject to appropriation, without fiscal year limitation.

(g) Reports.—Not later than 180 days after the date on which an eligible entity completes a research project using a grant under this section, the Secretary shall submit to Congress a report that contains—

(1) a description of how the eligible entity used the grant; and

(2) an evaluation of the level of success of the research project.

(h) Termination.—The authority to award grants under this section shall terminate on the date that is seven years after the date on which the first such grant is awarded.

SEC. 732. Pilot program on cardiac screening at certain military service academies.

(a) Pilot program.—The Secretary of Defense shall establish a pilot program to furnish mandatory electrocardiograms to candidates who are seeking admission to a covered military service academy in connection with the military accession screening process, at no cost to such candidates.

(b) Scope.—The scope of the pilot program under subsection (a) shall include at least 25 percent of the incoming class of candidates who are seeking admission to a covered military service academy during the first fall semester that follows the date of the enactment of this Act, and the pilot program shall terminate on the date on which the Secretary determines the military accession screening process for such class has concluded.

(c) Facilities.—In carrying out the pilot program under subsection (a), the Secretary shall furnish each mandatory electrocardiogram under the pilot program in a facility of the Department of Defense, to the extent practicable, but may furnish such electrocardiograms in a non-Department facility as determined necessary by the Secretary.

(d) Report.—Not later than 180 days after the date on which the pilot program under subsection (a) terminates, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. Such report shall include the following:

(1) The results of all electrocardiograms furnished to candidates under the pilot program, disaggregated by military service academy, race, and gender.

(2) The rate of significant cardiac issues detected pursuant to electrocardiograms furnished under the pilot program, disaggregated by military service academy, race, and gender.

(3) The cost of carrying out the pilot program.

(4) The number of candidates, if any, who were disqualified from admission based solely on the result of an electrocardiogram furnished under the pilot program.

(e) Covered military service academy defined.—In this section, the term “covered military service academy” does not include the Untied States Coast Guard Academy or the United States Merchant Marine Academy.

SEC. 733. Pilot program on cryopreservation and storage.

(a) Pilot program.—The Secretary of Defense shall establish a pilot program to provide not more than 1,000 members of the Armed Forces serving on active duty with the opportunity to cryopreserve and store their gametes prior to deployment to a combat zone.

(b) Period.—

(1) IN GENERAL.—The Secretary shall provide for the cryopreservation and storage of gametes of a participating member of the Armed Forces under subsection (a), at no cost to the member, in a facility of the Department of Defense or at a private entity pursuant to a contract under subsection (d) until the date that is one year after the retirement, separation, or release of the member from the Armed Forces.

(2) CONTINUED CRYOPRESERVATION AND STORAGE.—At the end of the one-year period specified in paragraph (1), the Secretary shall authorize an individual whose gametes were cryopreserved and stored in a facility of the Department as described in that paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options:

(A) To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual.

(B) To transfer the gametes to a private cryopreservation and storage facility selected by the individual.

(C) To authorize the Secretary to dispose of the gametes of the individual not earlier than the date that is 90 days after the end of the one-year period specified in paragraph (1) with respect to the individual.

(c) Advance medical directive and military testamentary instrument.—A member of the Armed Forces who elects to cryopreserve and store their gametes under this section shall complete an advance medical directive described in section 1044c(b) of title 10, United States Code, and a military testamentary instrument described in section 1044d(b) of such title, that explicitly specifies the use of their cryopreserved and stored gametes if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored gametes.

(d) Agreements.—To carry out this section, the Secretary may enter into agreements with private entities that provide cryopreservation and storage services for gametes.

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

(a) Pilot program.—The Secretary of Defense shall carry out a pilot program to provide direct assistance for mental health appointment scheduling at military medical treatment facilities and clinics selected by the Secretary for participation in the pilot program in a number determined by the Secretary.

(b) Report.—Not later than 90 days after the date on which the pilot program terminates, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program. Such report shall include an assessment of—

(1) the effectiveness of the pilot program with respect to improved access to mental health appointments; and

(2) any barriers to scheduling mental health appointments under the pilot program observed by health care professionals or other individuals involved in scheduling such appointments.

(c) Termination.—The authority to carry out the pilot program under subsection (a) shall terminate on the date that is one year after the commencement of the pilot program.

SEC. 735. Pilot program on oral rehydration solutions.

(a) Pilot program.—The Secretary of Defense may carry out a pilot program under which the Secretary shall furnish medically approved oral rehydration solutions to members of the Armed Forces.

(b) Distribution.—Oral rehydration solutions furnished under the pilot program carried out pursuant to subsection (a) shall be distributed to members of the Armed Forces at the brigade level, through the Airborne and Ranger Training Brigade, the Maneuver Center of Excellence of the Army, and the United States Army Training and Doctrine Command. Such distribution shall be carried out during a period of summer months, as determined by the Secretary.

(c) Report.—Not later than 60 after the date of the conclusion of the pilot program carried out pursuant to subsection (a), the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the effectiveness of the oral rehydration solutions furnished under the pilot program. Such report shall include—

(1) all data tracking the prevention of heat casualties and hyponatremia among participants under the pilot program; and

(2) any other benefits realized under the pilot program, including benefits related to cost savings, readiness, or wellness of members of the Armed Forces.

SEC. 736. Authorization of pilot program to survey access to mental health care under military health system.

(a) Findings; Sense of Congress.—

(1) FINDINGS.—Congress finds that—

(A) there is a connection between stigma, mental health care access, and death by suicide; and

(B) current command climate surveys lack sufficient questions regarding mental health stigma.

(2) SENSE OF CONGRESS.—It is the sense of Congress that—

(A) military research and research of the Department of Veterans Affairs significantly contribute to overall health care research useful for all individuals; and

(B) command climate surveys provide an important function for ensuring safe command environments.

(b) Authorization of pilot program to survey access to mental health care under military health system.—

(1) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense may carry out a pilot program to survey access to mental health care under the military health system.

(2) ELEMENTS.—In carrying out a pilot program pursuant to paragraph (1), the Secretary shall ensure that an adequate number of command climate surveys that include questions on access to mental health care under the military health system are administered to a representative sample of active duty members of the Armed Forces across each military department. Such questions shall be developed by the survey administrator of the Defense Organizational Climate Survey and shall address, at a minimum, the following matters:

(A) The perceived ability of the respondent to access mental health care under the military health system.

(B) Whether the respondent has previously been prohibited from, or advised against, accessing such care.

(D) The belief of the respondent that receiving care from a mental health care provider may harm the career, or the ability to obtain a security clearance, of the respondent.

(E) The belief of the respondent that receiving a mental health diagnosis may harm the career, or the ability to obtain a security clearance, of the respondent.

(3) TERMINATION.—The authority to carry out a pilot program under paragraph (1) shall terminate on September 1, 2023.

(4) REPORT.—Not later than 90 days after the date on which a pilot program carried out pursuant to paragraph (1) terminates, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the results of the updated surveys administered pursuant to the pilot program.

(c) Definitions.—In this section, the terms “active duty”, “Armed Forces”, and “military departments” have the meanings given those terms in section 101 of title 10, United States Code.

SEC. 737. Prohibition on availability of funds for research connected to China.

(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended—

(1) to conduct research in China, including biomedical, infectious disease, gene editing, genetics, virus, or military medical research, whether directly or through a third-party entity; or

(2) to provide funds for research, including biomedical, infectious disease, gene editing, genetics, virus, or military medical research, to any entity determined by the Secretary of Defense to be owned or controlled, directly or indirectly, by China;

(b) Waiver.—The Secretary of Defense may waive a prohibition under subsection (a) if the Secretary—

(1) determines that the waiver is in the national security interests of United States; and

(2) not later than 14 days after granting the waiver, submits to the congressional defense committees a detailed justification for the waiver, including—

(A) an identification of the Department of Defense entity obligating or expending the funds;

(B) an identification of the amount of such funds;

(D) an identification of the recipient or prospective recipient of such funds (including any third-party entity recipient, as applicable);

(E) an explanation for how the waiver is in the national security interests of the United States; and

(F) any other information the Secretary determines appropriate.

SEC. 738. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program.

(a) Agreement.—

(1) IN GENERAL.—The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the “National Academies”) for the National Academies to carry out the activities described in subsections (b) and (c).

(2) TIMING.—The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act.

(b) Analysis by the National Academies.—

(1) ANALYSIS.—Under an agreement between the Secretary and the National Academies entered into pursuant to subsection (a), the National Academies shall conduct an analysis of the effectiveness of the Department of Defense Comprehensive Autism Care Demonstration program (in this section referred to as the “demonstration program”) and develop recommendations for the Secretary based on such analysis.

(2) ELEMENTS.—The analysis conducted and recommendations developed under paragraph (1) shall include the following:

(A) An assessment of the Pervasive Developmental Disabilities Behavior Inventory as a measure to assist in the assessment of domains related to autism spectrum disorder, and a determination as to whether the Secretary is applying such inventory appropriately under the demonstration project.

(B) An assessment of the methods used under the demonstration project to measure the effectiveness of applied behavior analysis in the treatment of autism spectrum disorder.

(C) A review of any guidelines or industry standards of care adhered to in the provision of applied behavior analysis services under the demonstration program, including a review of the effects of such adherence with respect to dose-response or expected health outcomes for an individual who has received such services.

(D) A review of the expected health outcomes for an individual who has received applied behavior analysis treatments over time.

(E) An analysis of the increased utilization of the demonstration program by beneficiaries under the TRICARE program, to improve understanding of such utilization.

(F) Such other analyses to measure the effectiveness of the demonstration program as may be determined appropriate by the National Academies.

(G) An analysis on whether the incidence of autism is higher among the children of military families.

(H) The development of a list of findings and recommendations related to the measurement, effectiveness, and increased understanding of the demonstration program and its effect on beneficiaries under the TRICARE program.

(c) Report.—Under an agreement entered into between the Secretary and the National Academies under subsection (a), the National Academies, not later than nine months after the date of the execution of the agreement, shall—

(1) submit to the congressional defense committees a report on the findings of the National Academies with respect to the analysis conducted and recommendations developed under subsection (b); and

(2) make such report available on a public website in unclassified form.

SEC. 739. Independent review of suicide prevention and response at military installations.

(a) Establishment of committee.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish an independent suicide prevention and response review committee.

(b) Membership.—The committee established under subsection (a) shall be composed of not fewer than five individuals—

(1) designated by the Secretary;

(2) with expertise determined to be relevant by the Secretary, including at least one individual who is an experienced provider of mental health services and at least one individual who is an experienced criminal investigator;

(3) none of whom may be a member of an Armed Force or a civilian employee of the Department of Defense.

(c) Selection of military installations.—The Secretary shall select, for review by the committee established under subsection (a), not fewer than three military installations that have a higher-than-average incidence of suicide by members of the Armed Forces serving at the installation. The Secretary shall ensure that at least one of the installations selected under this subsection is a remote installation of the Department of Defense located outside the contiguous United States.

(d) Duties.—The committee established under subsection (a) shall review the suicide prevention and response programs and other factors that may contribute to the incidence or prevention of suicide at the military installations selected for review pursuant to subsection (c). Such review shall be conducted through means including—

(1) a confidential survey;

(2) focus groups; and

(3) individual interviews.

(e) Coordination.—In carrying out this section, the Secretary shall ensure that the Director of the Office of People Analytics of the Department of Defense and the Director of the Office of Force Resiliency of the Department of Defense coordinate and cooperate with the committee established under subsection (a).

(f) Reports.—

(1) INITIAL REPORT.—Not later than 270 days after the establishment of the committee under subsection (a), the committee shall submit to the Secretary a report containing the results of the reviews conducted by the committee and recommendations of the committee to reduce the incidence of suicide at the military installations reviewed.

(2) REPORT TO CONGRESS.—Not later than 330 days after the establishment of the committee under subsection (a), the committee shall submit to the Committees on Armed Services of the House of Representatives and the Senate the report under paragraph (1).

SEC. 740. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam.

(a) Study.—Not later than April 1, 2022, the Secretary of Defense, in consultation with the Chief of the National Guard Bureau and the Director of the Air National Guard, shall complete a study on the feasibility and advisability of establishing at Joint Base Pearl Harbor-Hickam an aeromedical squadron of the Air National Guard in Hawaii to support the aeromedical mission needs of the State of Hawaii and the United States Indo-Pacific Command.

(b) Elements.—The study under subsection (a) shall assess the following:

(1) The manpower required for the establishment of an aeromedical squadron of the Air National Guard in Hawaii as specified in subsection (a).

(2) The overall cost of such establishment.

(3) The length of time required for such establishment.

(4) The mission requirements for such establishment.

(5) Such other matters as may be determined relevant by the Secretary.

(c) Submission to Congress.—Not later than April 1, 2022, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the findings of the feasibility and advisability study under subsection (a), including with respect to each element specified in subsection (b).

SEC. 741. Plan to address findings related to access to contraception for members of the Armed Forces.

(a) Plan required.—The Secretary of Defense (in coordination with the Secretaries of the military departments) shall develop and implement a plan to address the findings of the report of the Department of Defense on the status of implementation of guidance for ensuring access to contraception published in response to pages 155 through 156 of the report of the Committee on Armed Services of the House of Representatives accompanying H.R. 6395 of the 116th Congress (H. Rept. 116-617).

(b) Elements.—The plan under subsection (a) shall address—

(1) the barriers and challenges to implementation identified in the report of the Department specified in such subsection; and

(2) the inability of certain members of the Armed Forces to access their preferred method of contraception and have ongoing access during deployment.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the plan under subsection (a) and any progress made pursuant to such plan.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and

(2) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 742. GAO biennial study on Individual Longitudinal Exposure Record program.

(a) Studies and reports required.—Not later than December 31, 2022, and once every two years thereafter until December 31, 2030, the Comptroller General of the United States shall—

(1) conduct a study on the implementation and effectiveness of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs; and

(2) submit to the appropriate congressional committees a report containing the findings of the most recently conducted study.

(b) Elements.—The biennial studies under subsection (a) shall include an assessment of elements as follows:

(1) INITIAL STUDY.—The initial study conducted under subsection (a) shall assess, at a minimum, the following:

(A) Statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program.

(B) Costs associated with the program, including any cost overruns associated with the program.

(C) The capacity to expand the program to include the medical records of veterans who served prior to the establishment of the program.

(D) Any illness recently identified as relating to a toxic exposure (or any guidance relating to such an illness recently issued) by either the Secretary of Defense or the Secretary of Veterans Affairs, including any such illness or guidance that relates to open burn pit exposure.

(E) How the program has enabled (or failed to enable) the discovery, notification, and medical care of individuals affected by an illness described in subparagraph (D).

(F) Physician and patient feedback on the program, particularly feedback that relates to ease of use.

(G) Cybersecurity and privacy protections of patient data stored under the program, including whether any classified or restricted data has been stored under the program (such as data relating to deployment locations or duty stations).

(H) Any technical or logistical impediments to the implementation or expansion of the program, including any impediments to the inclusion in the program of databases or materials originally intended to be included.

(I) Any issues relating to read-only access to data under the program by veterans.

(J) Any issues relating to the interoperability of the program between the Department of Defense and the Department of Veterans Affairs.

(2) SUBSEQUENT STUDIES.—Except as provided in paragraph (3), each study conducted under subsection (a) following the initial study specified in paragraph (1) shall assess—

(A) statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program; and

(B) such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1).

(3) FINAL STUDY.—The final study conducted under subsection (a) shall assess—

(A) the elements specified in subparagraphs (A), (B), (D), (E), (F), and (H) of paragraph (1); and

(B) such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1).

(1) INFORMATION AND MATERIALS.—Upon request of the Comptroller General, the Secretary of Defense and the Secretary of Veterans Affairs shall make available to the Comptroller General any information or other materials necessary for the conduct of each biennial study under subsection (a).

(2) INTERVIEWS.—In addition to such other authorities as are available, the Comptroller General shall have the right to interview officials and employees of the Department of Defense and the Department of Veterans Affairs (including clinicians, claims adjudicators, and researchers) as necessary for the conduct of each biennial study under subsection (a).

(3) INFORMATION FROM PATIENTS AND FORMER PATIENTS.—

(A) DEVELOPMENT OF QUESTIONNAIRE.—In carrying out each biennial study under subsection (a), the Comptroller General may develop a questionnaire for individuals the records of whom are contained in the Individual Longitudinal Exposure Record, to obtain the information necessary for the conduct of the study.

(B) DISTRIBUTION.—The Secretary concerned shall ensure that any questionnaire developed pursuant to subparagraph (A) is distributed to individuals the records of whom are contained in the Individual Longitudinal Exposure Record.

(d) Definitions.—In this Act:

(1) The term “appropriate congressional committees” means—

(A) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives; and

(B) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate.

(2) The term “Secretary concerned” means—

(A) the Secretary of Defense, with respect to matters concerning the Department of Defense; and

(B) the Secretary of Veterans Affairs, with respect to matters concerning the Department of Veterans Affairs.

SEC. 743. GAO study on exclusion of certain remarried individuals from medical and dental coverage under TRICARE program.

(a) GAO study.—

(1) STUDY.—The Comptroller General of the United States shall conduct a study on the purpose and effects of limiting medical and dental coverage under the TRICARE program to exclude remarried widows, widowers, and former spouses of members or former members of the uniformed services.

(2) ELEMENTS.—The study under paragraph (1) shall include the following:

(A) A census of the widows and widowers who currently qualify as a dependent under the TRICARE program pursuant to subparagraph (B) or (C) of section 1072(2) of title 10, United States Code.

(B) A census of the former spouses who currently qualify as a dependent under the TRICARE program pursuant to subparagraph (F), (G), or (H) of such section.

(C) An identification of the number of such widows, widowers, and former spouses who intend to remarry, and an assessment of whether potential loss of coverage under the TRICARE program has affected the decisions of such individuals to remarry or remain unremarried.

(D) An assessment of the effect, if any, on the military and local communities of an individual who formerly qualified as a dependent under the TRICARE program by reason of being an unremarried widow, widower, or former spouse, as specified in section 1072(2) of title 10, United States Code, when the individual remarries and loses such coverage.

(E) A cost analysis of the expansion of medical and dental coverage under the TRICARE program to include remarried individuals who, but for their remarried status, would otherwise qualify as a dependent under such program.

(b) Report.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing—

(1) the findings and conclusions of the study under subsection (a); and

(2) recommendations based on such findings and conclusions to improve the dependent categories specified in section 1072(2) of title 10, United States Code, including with respect to whether remarried widows, widowers, and former spouses of members or former members of the uniformed services should remain excluded from coverage under the TRICARE program pursuant to such section.

(c) Definitions.—In this section, the terms “dependent” and “TRICARE program” have the meanings given such terms in section 1072 of title 10, United States Code.

SEC. 744. Study on joint fund of the Department of Defense and the Department of Veterans Affairs for Federal Electronic Health Record Modernization Office.

(a) Study.—The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall conduct a study on—

(1) the development of a joint fund of the Department of Defense and the Department of Veterans Affairs for the Federal Electronic Health Record Modernization Office; and

(2) the operations of the Federal Electronic Health Record Modernization Office since its establishment, including how the Office has supported the implementation of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs.

(b) Elements.—The study under subsection (a) shall assess the following:

(1) Justifications for the development of the joint fund.

(2) Options for the governance structure of the joint fund, including how accountability would be divided between the Department of Defense and the Department of Veterans Affairs.

(3) An estimated timeline for implementation of the joint fund.

(4) The anticipated contents of the joint fund, including the anticipated process for annual transfers to the joint fund from the Department of Defense and the Department of Veterans Affairs, respectively.

(5) The progress and accomplishments of the Federal Electronic Health Record Modernization Office during fiscal year 2021 in fulfilling the purposes specified in subparagraphs (C) through (R) of section 1635(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note).

(6) The role and contributions of the Federal Electronic Health Record Modernization Office with respect to—

(A) the current implementation of the Electronic Health Record Modernization Program at the Mann-Grandstaff Department of Veterans Affairs Medical Center located in Spokane, Washington; and

(B) the strategic review of the Electronic Health Record Modernization Program conducted by the Department of Veterans Affairs.

(7) How dedicated funding for the Federal Electronic Health Record Modernization Office would have affected or altered the role and contributions specified in paragraph (6).

(8) An estimated timeline for the completion of the implementation milestones under section 1635(e) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note), taking into account delays in the implementation of the Electronic Health Record Modernization Program.

(c) Report.—Not later than April 1, 2022, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall submit to the appropriate congressional committees a report on the findings of the study under subsection (a), including recommendations on the development of the joint fund specified in such subsection. Such recommendations shall address—

(1) the purpose of the joint fund; and

(2) requirements related to the joint fund.

(d) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committees on Armed Services of the House of Representatives and the Senate; and

(B) the Committees on Veterans’ Affairs of the House of Representatives and the Senate.

(2) The term “Electronic Health Record Modernization Program” has the meaning given such term in section 503(e) of the Veterans Benefits and Transition Act of 2018 (Public Law 115–407; 132 Stat. 5376).

(3) The term “Federal Electronic Health Record Modernization Office” means the Office established under section 1635(b) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note).

SEC. 745. Briefing on domestic production of critical active pharmaceutical ingredients.

Not later than April 1, 2022, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the development of a domestic production capability for critical active pharmaceutical ingredients and drug products in finished dosage form. Such briefing shall include a description of the following:

(1) The anticipated cost over the period covered by the most recent future-years defense program submitted under section 221 of title 10, United States Code (as of the date of the briefing), to develop a domestic production capability for critical active pharmaceutical ingredients.

(2) The cost of producing critical active pharmaceutical ingredients through such a domestic production capability, as compared with the cost of standard manufacturing processes used by the pharmaceutical industry.

(3) The average time to produce critical active pharmaceutical ingredients through such a domestic production capability, as compared with the average time to produce such ingredients through standard manufacturing processes used by the pharmaceutical industry.

(4) Any intersections between the development of such a domestic production capability, the military health system, and defense-related medical research or operational medical requirements.

(5) Lessons learned from the progress made in developing such a domestic production capability as of the date of the briefing, including from any contracts entered into by the Secretary with respect to such a domestic production capability.

(6) Any critical active pharmaceutical ingredients that are under consideration by the Secretary for future domestic production as of the date of the briefing.

(7) The plan of the Secretary regarding the future use of domestic production capability for critical active pharmaceutical ingredients.

SEC. 746. Briefing on anomalous health incidents involving members of the Armed Forces.

(a) Briefing.—Not later than March 1, 2022, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on anomalous health incidents affecting members of the Armed Forces and civilian employees of the Department of Defense, any ongoing efforts carried out by the Secretary to protect such members and employees from the effects of anomalous health incidents, and the extent and nature of engagement by the Secretary with the heads of other Federal departments and agencies regarding anomalous health incidents affecting the employees of such other departments and agencies.

(b) Matters.—The briefing provided under subsection (a) shall include, at a minimum, the following:

(1) Information on cases of confirmed or suspected anomalous health incidents affecting members of the Armed Forces or civilian employees of the Department.

(2) An update on the strategy of the Department to protect such members and employees from the effects of anomalous health incidents, including any efforts carried out by the Secretary to ensure that—

(A) suspected anomalous health incidents are promptly reported; and

(B) victims of anomalous health incidents are provided immediate and long-term medical treatment.

(3) The current efforts of the Department to contribute to the overall approach of the U.S. Government to address, prevent, and respond to, anomalous health incidents, including such contributed efforts of the Department to defend against anomalous health incident attacks against personnel of the U.S. Government and United States citizens.

(4) The current efforts of the Department to prepare members of the Armed Forces and civilian employees of the Department for the effects of anomalous health incidents, including prior to deployment.

(5) Recommendations on how to improve the identification and reporting of anomalous health incidents affecting such members and employees, including a recommendation on whether to conduct a health assessment prior to the deployment of such members or employees if the prospective deployment is to an embassy of the United States (or to another location that the Secretary determines may present a heightened risk of anomalous health incidents), to establish a medical baseline against which medical data of the member or employee may be compared following a suspected anomalous health incident.

(6) An identification by the Secretary of a senior official of the Department who has been designated by the Secretary as the official with principal responsibility for leading the efforts of the Department regarding anomalous health incidents (and related issues within the Department) and for coordinating with the heads of other Federal departments and agencies regarding such incidents and related issues.

(c) Senate confirmation of responsible individual.—If the designated senior official identified pursuant to subsection (b)(6) has not been appointed by and with the advice and consent of the Senate, the Secretary shall ensure that the principal responsibility for the actions specified in such subsection is transferred to a senior official of the Department who has been so appointed.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services, the Committee on Oversight and Reform, and the Committee on Transportation and Infrastructure of the House of Representatives; and

(2) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 747. Sense of Congress on National Warrior Call Day.

(a) Findings.—Congress finds the following:

(1) Establishing an annual “National Warrior Call Day” will draw attention to those members of the Armed Forces whose connection to one another is key to our veterans and first responders who may be dangerously disconnected from family, friends, and support systems.

(2) The number of suicides of members of the Armed Forces serving on active duty increased to 377 in 2020, a figure up from 348 the previous year.

(3) The epidemic of veteran suicide has steadily increased since 2014 with 6,435 veterans taking their own lives in 2018.

(4) After adjusting for sex and age, the rate of veteran suicide in 2018 was 27.5 per 100,000 individuals, higher than the rate among all United States adults at 18.3.

(5) More veterans have died by suicide in the last 10 years than members of the Armed Forces who died from combat in Vietnam.

(6) Roughly two-thirds of these veterans who take their own lives have had no contact with the Department of Veterans Affairs.

(7) The COVID-19 pandemic has only increased isolation and disconnection, further exacerbating mental and physical ailments such as post-traumatic stress disorder and traumatic brain injury.

(8) The Centers for Disease Control and Prevention note that law enforcement officers and firefighters are more likely to die by suicide than in the line of duty, and emergency medical services providers are 1.39 times more likely to die by suicide than members of the general public.

(9) Invisible wounds linked to an underlying and undiagnosed traumatic brain injury can mirror many mental health conditions, a problem that can be addressed through connections to members of the Armed Forces and veterans who can better identify and address these wounds.

(10) Urgent research is needed to highlight the connection between traumatic brain injury as a root cause of invisible wounds and suicide by members of the Armed Forces and veterans.

(b) Sense of Congress.—It is the sense of Congress that Congress—

(1) supports the designation of a “National Warrior Call Day”;

(2) encourages all Americans, especially members of the Armed Forces serving on active duty and veterans, to call up a warrior, have an honest conversation, and connect them with support, understanding that making a warrior call could save a life; and

(3) implores all Americans to recommit themselves to engaging with members of the Armed Forces through “National Warrior Call Day” and constructive efforts that result in solutions and treatment for the invisible scars they carry.

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

subtitle A—Acquisition Policy and Management

SEC. 801. Acquisition workforce educational partnerships.

(a) In general.—Subchapter IV of chapter 87 of title 10, United States Code, is amended by inserting after section 1746 the following new section:

“§ 1746a. Acquisition workforce educational partnerships

“(a) Establishment.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to—

“(1) facilitate the engagement of experts in instructional design from participants in the acquisition research organization established under section 2361a with the faculty of the Defense Acquisition University to organize and adjust the curriculum of the Defense Acquisition University, as appropriate, to ensure that—

“(A) the curriculum accords with the educational framework commonly known as Bloom’s taxonomy;

“(B) classes are composed of students from diverse positions in the acquisition workforce; and

“(C) higher level classes require students to create solutions to operational challenges related to acquisition policy reform through human-centered design projects;

“(2) in coordination with the Office of Human Capital Initiatives, facilitate the retention of critical members of the acquisition workforce by providing academic advising with respect to classes offered by the Defense Acquisition University to both members of the acquisition workforce and the supervisors of the members to ensure that each member takes the classes that are suited to the experience level, position, and professional development of such member;

“(3) partner with extramural institutions to offer training to all members of the acquisition workforce addressing operational challenges that affect procurement decision-making, including training on—

“(A) intellectual property and data rights negotiations;

“(B) the effects of climate change and the need to invest in mitigating such effects throughout the full life cycle of a project;

“(C) partnering with contractors and other suppliers to attract new companies with emerging technologies and to ensure supply chain resiliency; and

“(D) enabling rapid and efficient procurement of technologies in a manner that permits quick response to technological changes;

“(4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and development of members of the acquisition workforce;

“(5) accelerate the adoption of flexible contracting techniques by the acquisition workforce by expanding the availability of training on such techniques and incorporating such training into the curriculum of the Defense Acquisition University, including partnering with extramural institutions to expand the availability of training related to transaction authorities under sections 2371 and 2371b to attorneys and technical specialists; and

“(6) enhance the reputation of the faculty of the Defense Acquisition University by—

“(A) building partnerships between the faculty of the Defense Acquisition University and participants in the activity established under section 2361a; and

“(B) supporting the preparation and drafting of the reports required under subsection (f)(2).

“(b) Curriculum adjustments.—Not later than the date that is one year after the date of the enactment of this section, the President of the Defense Acquisition University shall reorganize and adjust the curriculum of the Defense Acquisition University, as appropriate, to comply with the criteria described in subparagraphs (A), (B), and (C) of subsection (a)(1).

“(c) Program Director of Strategic Partnerships.—

“(1) ESTABLISHMENT.—There is established in the Office of the President of the Defense Acquisition University the position of Program Director of Strategic Partnerships.

“(2) DUTIES.—The Program Director of Strategic Partnerships shall establish, develop, and maintain partnerships between the Defense Acquisition University and extramural institutions.

“(3) APPOINTMENT.—

“(A) IN GENERAL.—The President of the Defense Acquisition University shall appoint the Program Director of Strategic Partnerships.

“(B) INITIAL APPOINTMENT.—Not later than 180 days after the enactment of this section, the President of the Defense Acquisition University shall appoint a Program Director of Strategic Partnerships.

“(d) Implementation.—

“(1) SUPPORT FROM OTHER DEPARTMENT OF DEFENSE ORGANIZATIONS.—The Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate.

“(2) IMPLEMENTATION PLAN.—

“(A) IN GENERAL.—Not later than one year after the date of the enactment of this section, the President of the Defense Acquisition University shall submit to the congressional defense committees a plan for implementing the program established under this section.

“(B) ELEMENTS.—The plan required under subparagraph (A) shall include the following:

“(i) Plans that describe any support that will be provided for the program by other elements of the Department of Defense under paragraph (1).

“(ii) Plans for the implementation of the program, including plans for—

“(I) future funding and administrative support of the program;

“(II) integration of the program into the programming, planning, budgeting, and execution process of the Department of Defense;

“(III) integration of the program with the other programs and initiatives within the Department relating to innovation and outreach to the academic and the private sector; and

“(IV) performance indicators by which the program will be assessed and evaluated.

“(iii) A description of any additional authorities the Secretary of Defense may require to carry out the responsibilities under this section.

“(e) Funding.—Subject to the availability of appropriations, the Under Secretary of Defense for Acquisition and Sustainment may use amounts available in the Defense Acquisition Workforce and Development Account (as established under section 1705) to carry out the requirements of this section.

“(f) Annual reports.—

“(1) IN GENERAL.—Not later than September 30, 2022, and annually thereafter, the President of the Defense Acquisition University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on the date on which such report is submitted.

“(2) FACULTY REPORTS.—

“(A) IN GENERAL.—Except as provided in subparagraph (C), not later than six months after the date of the enactment of this section, and not later than March 1 of each year thereafter, each individual employed by the Defense Acquisition University as a full-time professor, instructor, or lecturer and each group created under subparagraph (B) shall submit to the congressional defense committees a report on the area of Federal acquisition expertise of such individual or group, including—

“(i) developments in such area during the one-year ending on the date on which the report is submitted; and

“(ii) suggested legislative and regulatory reforms.

“(B) GROUP DETERMINATIONS.—The President of the Defense Acquisition University may group together individuals described in subparagraph (A) that the President of the Defense Acquisition University determines to be experts in the same or substantially overlapping areas of Federal acquisition.

“(C) INDIVIDUAL REPORT EXCEPTION.—Subparagraph (A) shall not apply with respect to an individual that is a member of a group created under subparagraph (B) for any year in which such group submits a report under this paragraph to which such individual contributed as a member of such group.

“(g) Exemption to report termination requirements.—Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply with respect to the reports required to be submitted to Congress under this section.

“(h) Definitions.—In this section:

“(1) ACQUISITION WORKFORCE.—The term ‘acquisition workforce’ has the meaning given such term in section 1705(g).

“(2) EXTRAMURAL INSTITUTIONS.—The term ‘extramural institutions’ means participants in an activity established under section 2361a, public sector organizations, and nonprofit credentialing organizations.

“(3) HUMAN-CENTERED DESIGN.—The term ‘human-centered design’ means a solution to a problem that is based on a problem-solving approach under which the individual or entity seeking to solve the problem—

“(A) develops an understanding of the problem primarily by interacting with individuals who are experiencing the problem;

“(B) creates solutions to the problem that are based on such understanding and which are designed to address the needs of such individuals with respect to the problem; and

“(C) involves such individuals in the development and testing of such solutions.

“(4) NONPROFIT CREDENTIALING ORGANIZATION.—The term ‘nonprofit credentialing organization’ means a nonprofit organization that offers a credentialing program that—

“(A) is accredited by a nationally-recognized, third-party personnel certification program accreditor;

“(B) (i) is sought or accepted by employers within the industry or sector involved as a recognized, preferred, or required credential for recruitment, screening, hiring, retention, or advancement purposes; and

“(ii) where appropriate, is endorsed by a nationally-recognized trade association or organization representing a significant part of the industry or sector; or

“(C) meets credential standards of a Federal agency.

“(5) TECHNICAL SPECIALIST.—The term ‘technical specialist’ means an individual who is authorized by the Secretary of Defense or a Secretary of a military department to enter into agreements under the authority of section 2371 or 2371b and is not otherwise authorized to enter into procurement contracts or cooperative agreements.”.

(b) Clerical amendment.—The table of sections for subchapter IV of chapter 87 of title 10, United States Code, is amended by inserting after the item relating to section 1746 the following new item:

“1746a. Acquisition workforce educational partnerships.”.

SEC. 802. Special emergency reimbursement authority.

(a) In general.—Subchapter II of chapter 134 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 2265. Special emergency reimbursement authority

“(a) Special emergency reimbursement authority.—

“(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of Defense may, in accordance with paragraph (2) and subsection (c), modify the terms and conditions of a covered contract, without consideration, to reimburse a contractor for the cost of any paid leave, including sick leave, that such contractor provides to the employees of such contractor or employees of subcontractors (at any tier) of such contractor in response to a covered emergency to keep such employees or subcontractors in a ready state with respect to such covered contract.

“(2) REIMBURSEMENT REQUIREMENTS.—

“(A) ELIGIBLE EMPLOYEE AND SUBCONTRACT COSTS.—Reimbursements under this subsection may be made only with respect to employees of a contractor or employees of subcontractors (at any tier) of a contractor which, for the relevant covered contract—

“(i) are unable to perform work on a covered site due to facility closures or other restrictions; and

“(ii) cannot telework because the duties of such employee or contractor cannot be performed remotely.

“(B) AVERAGE HOURS.—The number of hours of paid leave for which the cost may be reimbursement under this subsection may not exceed an average of 40 hours per week per employee described in subparagraph (A).

“(C) BILL RATE.—The minimum applicable contract billing rate under the relevant covered contract shall be used to calculate reimbursements under this subsection.

“(b) Enhanced reimbursement for small business contractors.—

“(1) IN GENERAL.—In addition to any reimbursement under subsection (a), the Secretary of Defense may, in accordance with paragraph (2) and subsection (c), modify the terms and conditions of a covered contract, without consideration, to reimburse a small business contractor for costs, other than costs reimbursable under subsection (a), that are direct costs of a covered emergency with respect to which reimbursement is permitted under subsection (a).

“(2) LIMITATIONS.—The Secretary of Defense may reimburse a small business contractor under this subsection to the extent that the relevant contracting officer determines in writing that—

“(A) such reimbursement is necessary to ensure the continuation of contractor performance during, or the resumption of contractor performance after, the covered emergency;

“(B) the small business contractor mitigated the costs that may be reimbursed under this subsection to the extent practicable; and

“(C) it is in the best interest of the United States to reimburse such costs.

“(c) Reimbursement conditions.—

“(1) COST IDENTIFICATION.—A cost is eligible for reimbursement under subsection (a) or (b) only if the relevant contracting officer determines that the records of the contractor to identify such cost as a cost described in either such subsection such that such contracting officer may audit such cost.

“(2) OTHER FEDERAL BENEFIT OFFSET.—

“(A) IN GENERAL.—Any reimbursement under subsection (a) or (b) shall be reduced by an amount equal to the total amount of any other Federal payment, allowance, or tax or other credit received for a cost that is reimbursable under such subsection.

“(B) NOTIFICATION.—A contractor that receives a payment, allowance, or credit described in subparagraph (A) for a cost which such contractor seeks reimbursement under subsection (a) or (b) shall submit to the relevant contracting officer a notice of the receipt of such payment, allowance, or credit—

“(i) prior to the execution of a contract modification providing such reimbursement; and

“(ii) not later than 30 days after such receipt.

“(C) POST REIMBURSEMENT.—A contractor that receives a payment, allowance, or credit described in subparagraph (A) for a cost after the execution of a contract modification under subsection (a) or (b) reimbursing such cost, or that is unable to provide the notice required under subparagraph (B) in accordance with clause (i) of such subparagraph, shall—

“(i) not later than 30 days after the receipt of the payment, allowance, or credit, notify the relevant contracting officer in writing of such receipt; and

“(ii) agree to execute a contract modification to reduce the amount reimbursed under subsections (a) and (b) by the amount of such payment, allowance, or credit.

“(3) APPROPRIATIONS AVAILABILITY.—Reimbursements under subsections (a) and (b) shall be subject to the availability of appropriations.

“(d) Cost accounting standards.—For the purposes of this section, a cognizant Federal agency official shall provide a contractor subject to the cost accounting standards issued pursuant to section 1502 of title 41 and required to submit one or more disclosure statements, a reasonable opportunity to amend any such disclosure statements to reflect any costs that are reimbursable under subsection (a).

“(e) Definitions.—In this section:

“(1) COGNIZANT FEDERAL AGENCY OFFICIAL.—The term ‘cognizant Federal agency official’ has the meaning given such term in section 30.001 of title 48, Code of Federal Regulations.

“(2) COVERED CONTRACT.—The term ‘covered contract’ means any contract, including a fixed-price or cost-reimbursement contract, or any other agreement for the procurement of goods or services by or for the Department of Defense.

“(3) COVERED EMERGENCY.—The term ‘covered emergency’ means a declared pandemic which prevents the employees of a contractor of the Department of Defense or the employees of a subcontractor (at any tier) of such a contractor from performing work under a covered contract, as determined by the Secretary.

“(4) COVERED SITE.—The term ‘covered site’ means any government-owned, government-leased, contractor-owned, or contractor-leased facility approved by the Federal Government for contract performance.

“(5) DISCLOSURE STATEMENT.—The term ‘disclosure statement’ means a Disclosure Statement described in section 9903.202–1(a) of title 48, Code of Federal Regulations.

“(6) MINIMUM APPLICABLE CONTRACT BILLING RATE.—The term ‘minimum applicable contract billing rate’ means a rate capturing the financial impact incurred as a consequence of keeping the employees of a contractor or employees of subcontractors (at any tier) of a contractor in a ready state, including the base hourly pay rate of such employees and employees of such subcontractors, indirect costs, general and administrative expenses, and other relevant costs.

“(7) READY STATE.—The term ‘ready state’ means able to mobilize in a timely manner to perform under a covered contract.

“(8) SMALL BUSINESS CONTRACTOR.—The term ‘small business contractor’ means a contractor for a covered contract that is a small business concern (as such term is defined under section 3 of the Small Business Act (15 U.S.C. 632).”.

(b) Clerical amendment.—The table of sections for subchapter II of chapter 134 of title 10, United States Code, is amended by adding at the end the following new item:

“2265. Special emergency reimbursement authority.”.

SEC. 803. Prohibition on procurement of personal protective equipment from non-allied foreign nations.

(a) Prohibition.—

(1) IN GENERAL.—Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 2339d. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations

“(a) In general.—Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation.

“(b) Applicability.—Subsection (a) shall apply to prime contracts and subcontracts at any tier.

“(c) Exceptions.—

“(1) IN GENERAL.—Subsection (a) does not apply under the following circumstances:

“(A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price.

“(B) The procurement of a covered item for use outside of the United States.

“(C) Purchases for amounts not greater than $150,000.

“(2) LIMITATION.—A proposed purchase or contract for an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception.

“(d) Definitions.—In this section:

“(1) COVERED ITEM.—The term ‘covered item’ means an article or item of—

“(A) personal protective equipment for use in preventing spread of communicable disease, such as by exposure to infected individuals or contamination or infection by infectious material (including surgical masks, respirator masks and electric-powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or

“(B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages.

“(2) COVERED NATION.—The term ‘covered nation’ means—

“(A) the Democratic People’s Republic of North Korea;

“(B) the People’s Republic of China;

“(C) the Russian Federation; and

“(D) the Islamic Republic of Iran.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339c the following:

“2339d. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations.”.

(b) Future transfer.—

(1) TRANSFER AND REDESIGNATION.—Section 2339d of title 10, United States Code, as added by subsection (a), is transferred to subchapter I of chapter 283 of such title, added after section 3881, as transferred and redesignated by section 1837(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), and redesignated as section 3882.

(2) CLERICAL AMENDMENTS.—

(A) TARGET CHAPTER TABLE OF SECTIONS.—The table of sections at the beginning of chapter 283 of title 10, United States Code, as added by section 1837(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended by inserting after the item related to section 3881 the following new item:

“3882. Prohibition on procurement of personal protective equipment and certain other items from non-allied foreign nations.”.

(B) ORIGIN CHAPTER TABLE OF SECTIONS.—The table of sections at the beginning of chapter 137 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2339d.

(3) EFFECTIVE DATE.—The transfer, redesignation, and amendments made by this subsection shall take effect on January 1, 2022.

(4) REFERENCES; SAVINGS PROVISION; RULE OF CONSTRUCTION.—Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.

SEC. 804. Minimum wage for employees of Department of Defense contractors.

(a) In general.—

(1) MINIMUM WAGE FOR EMPLOYEES OF DEPARTMENT OF DEFENSE CONTRACTORS.—Chapter 141 of title 10, United States Code is amended by inserting after section 2402 the following new section:

“§ 2403. Minimum wage for employees of Department of Defense contractors

“(a) In general.—Notwithstanding section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), an employee of a Department of Defense contractor performing a covered contract who is paid at an hourly rate shall be paid a minimum wage as follows:

“(1) Beginning January 30, 2022, $15.00 an hour.

“(2) Beginning January 1, 2023, at a minimum wage determined annually by the Secretary, except such wage may not be less than $15.00 an hour.

“(b) Covered contract defined.—In this section, the term ‘covered contract’ means a contract or other agreement entered into on or after January 30, 2022, that—

“(1) is for the procurement of services or construction; and

“(2) with respect to which wages under such contract or other agreement are subject to—

“(A) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.);

“(B) section 6702 of title 41; or

“(C) subchapter IV of chapter 31 of title 40 (known as the ‘Davis-Bacon Act’).”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2042 the following new item:

“2403. Minimum wage for employees of Department of Defense contractors.”.

(b) Rulemaking.—Not later than January 30, 2022, the Secretary of Defense shall issue rules to carry out the requirement of section 2403 of title 10, United States Code, as added by subsection (a).

SEC. 805. Diversity and inclusion reporting requirements for covered contractors.

(a) In general.—Subchapter V of chapter 325 of title 10, United States Code, is amended by inserting after section 4892 the following new section:

“§ 4893. Diversity and inclusion reporting requirements for covered contractors

“(a) Covered contractor reports.—

“(1) IN GENERAL.—The Secretary of Defense shall require each covered contractor awarded a major contract to submit to the Secretary of Defense by the last day of each full fiscal year that occurs during the period of performance of any major contract a report on diversity and inclusion.

“(2) ELEMENTS.—Each report under paragraph (1) shall include, for the fiscal year covered by the report—

“(A) a description of each major contract with a period of performance during the fiscal year covered by the report, including the period of performance, expected total value, and value to date of each major contract;

“(B) the total value of payments received under all major contracts of each covered contractor during such fiscal year;

“(C) the total number of participants in the board of directors of each covered contractor, nominees for the board of directors of the covered contractor, and the senior leaders of the covered contractor, disaggregated by demographic classifications;

“(D) with respect to employees of each covered contractor—

“(i) the total number of such employees; and

“(ii) the number of such employees (expressed as a numeral and as a percentage of the total number), identified by membership in demographic classification and major occupational group;

“(E) the value of first-tier subcontracts under each major contract entered into during such fiscal year;

“(F) with respect to employees of each covered subcontractor—

“(i) the total number of such employees;

“(ii) the number of such employees (expressed as a numeral and as a percentage of the total number), identified by membership in demographic classification and major occupational group;

“(G) whether the board of directors of the covered contractor has, as of the date on which the covered contractor submits a report under this section, adopted any policy, plan, or strategy to promote racial, ethnic, and gender diversity among the members of the board of directors of the covered contractor, nominees for the board of directors of the covered contractor, or the senior leaders of the covered contractor; and

“(H) a description of participation by the contractor in diversity programs, to include hours spent, funds expended in support of, and the number of unique relationships established by each such diversity program.

“(b) Annual summary report.—

“(1) REPORT REQUIRED.—Not later than 60 days after the first day of each fiscal year, the Secretary shall submit to the congressional defense committees a report summarizing the reports submitted pursuant to subsection (a).

“(2) ELEMENTS.—Each report under paragraph (1) shall include—

“(A) an index of the reports submitted pursuant to subsection (a);

“(B) a compilation of the data described in such subsection, disaggregated as described in such subsection;

“(C) an aggregation of the data provided in such reports; and

“(D) a narrative that analyzes the information disclosed in such reports and identifies any year-to-year trends in such information.

“(c) Public availability.—Each report required under this subsection shall be posted on a single publicly available website of the Department of Defense and made available in a machine-readable format that is downloadable, searchable, and sortable.

“(d) Definitions.—In this section:

“(1) COVERED CONTRACTOR.—The term ‘covered contractor’ means a contractor awarded a major contract.

“(2) COVERED SUBCONTRACTOR.—The term ‘covered subcontractor’ means a subcontractor performing a subcontract that is one of the 10 highest aggregate value subcontracts under a major contract.

“(3) DEMOGRAPHIC CLASSIFICATIONS.—The term ‘demographic classifications’ means classifications by race, gender, veteran status, or ethnicity.

“(4) DIVERSITY PROGRAM.—The term ‘diversity program’ means—

“(A) a program conducted under section 3904 of this title;

“(B) a mentor-protege relationship established under section 831 of the National Defense Authorization Act for Fiscal Year 1991;

“(C) a program conducted under section 2192a of this title; or

“(D) any other program designated by the Secretary of Defense as designed to increase the diversity of the workforce of the defense industrial base.

“(5) MAJOR CONTRACT.—The term ‘major contract’ has the meaning given the term in section 2432 of this title.

“(6) MAJOR OCCUPATIONAL GROUP.—The term ‘major occupational group’ means a major occupational group as defined by the Bureau of Labor Statistics.

“(7) SENIOR LEADER.—The term ‘senior leader’ means—

“(A) the president of a covered contractor;

“(B) any vice president in charge of a principal business unit, division, or function of a covered contractor;

“(C) any other officer of a covered contractor who performs a policy-making function; or

“(D) an individual responsible for the direct or indirect management of more than 200 individuals.”.

(b) Clerical amendment.—The table of sections for subchapter V of chapter 325 of title 10, United States Code, is amended by adding after the item related to section 4892 the following:

“4893. Diversity and inclusion reporting requirements for covered contractors.”.

(c) Effective date and applicability.—The amendments made by this section shall take effect on July 1, 2022, and shall apply with respect to contracts entered into on or after July 1, 2022.

SEC. 806. Website for certain domestic procurement waivers.

(a) In general.—Section 4814 of title 10, United States Code, as transferred and redesignated by section 1867(b) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended by adding at the end the following new subsection:

“(c) Website required.—Not later than 18 months after the date of the enactment of this subsection, the Secretary of Defense shall establish and maintain a single publicly available website for the purpose of publishing the information required by subsection (a)(5).”.

(b) Effective date.—The amendments made by this section shall take effect on January 1, 2022.

SEC. 807. Suspension or debarment referral for egregious violations of certain domestic preference laws.

(a) In general.—A contracting officer shall refer to the appropriate suspension or debarment official any current or former contractor of the Department of Defense if such contracting officer reasonably believes that such contractor has egregiously violated any covered domestic preference law.

(b) Egregious violation determination.—For the purposes of this section, a contractor egregiously violates a covered domestic preference law when—

(1) such contractor knowingly or willfully uses or provides goods, articles, materials, or supplies in violation of a covered domestic preference law; and

(2) such violation, individually or in the aggregate with other violations of domestic preference laws by such contractor, is severe (including through the effects, dollar value, or frequency, or any combination thereof, of such violations).

(c) Debarment or suspension basis.—An egregious violation of a covered domestic preference law by a contractor may be a basis for suspension or debarment of the contractor.

(d) Safe harbor.—The use or provision of goods, articles, materials, or supplies by a contractor in violation of a covered domestic preference law may not be considered such a violation for the purposes of a determining whether such contractor has egregiously violated any covered domestic preference law if such contractor reasonably acted in good-faith reliance on—

(1) a written waiver from an individual who is permitted by law or regulation to waive the covered domestic preference law; or

(2) a representation by a third party about the origin of such goods, articles, materials, or supplies.

(e) Covered domestic preference law defined.—In this section, the term “covered domestic preference law” means any provision of section 2533a or 2533b of title 10, United States Code, or chapter 83 of title 41 of such Code that requires or creates a preference for the procurement of goods, articles, materials, or supplies, that are grown, mined, reprocessed, reused, manufactured, or produced in the United States.

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

SEC. 811. Extension of authorization for the defense civilian acquisition workforce personnel demonstration project.

Section 1762(g) of title 10, United States Code, is amended by striking “2023” and inserting “2025”.

SEC. 812. Modifications to contracts subject to cost or pricing data certification.

Section 2306a(a)(6) of title 10, United States Code, is amended—

(1) by striking “Upon the request” and all that follows through “paragraph (1)” and inserting “Under paragraph (1),”; and

(2) by striking “modify the contract” and all that follows through “consideration.” and inserting “modify the contract as soon as practicable to reflect subparagraphs (B) and (C) of such paragraph, without requiring consideration.”.

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

Section 2228 of title 10, United States Code, is amended—

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

“(6) To the greatest extent practicable, the Director shall ensure that contractors of the Department of Defense carrying out activities for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense employ for such activities a substantial number of individuals who have completed, or who are currently enrolled in, a qualified training program that meets industry-wide recognized corrosion control standards.”;

(2) in subsection (c)—

(A) in paragraph (2), by striking “; and” and inserting a semicolon;

(B) in paragraph (3), by striking the period at the end and inserting “; and” ; and

“(4) require that any training or professional development activities for military personnel or civilian employees of the Department of Defense for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense be under a qualified training program such that, to the greatest extent practicable, the military personnel or civilian employees participating in such qualified training program are trained and certified by the qualified training program as meeting industry-wide recognized corrosion control standards.”; and

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

“(6) The term ‘qualified training program’ means a training program in corrosion control, mitigation, and prevention that is either—

“(A) offered or accredited by an organization that sets industry corrosion standards; or

“(B) an industrial coatings applicator training program registered under the Act of August 16, 1937 (popularly known as the ‘National Apprenticeship Act’; 29 U.S.C. 50 et seq.).”.

SEC. 814. Standard guidelines for evaluation of requirements for services contracts.

(a) Inclusion of inventory and standard guidelines in budget request.—Section 2329 of title 10, United States Code, is amended—

(1) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking “Effective October 1, 2021,” and inserting “Effective February 1, 2022,”;

(B) by amending paragraph (4) to read as follows:

“(4) be informed by the review the inventory required by section 2330a(c) using standard guidelines developed under subsection (d).”; and

(C) in paragraph (5), by inserting “, except with respect to information on services contracts in support of contingency operations, humanitarian assistance, disaster relief, in support of a national security emergency declared with respect to a named operation, or entered into pursuant to an international agreement shall be excluded from such submission” before the period at the end;

(2) by striking subsection (f); and

(3) redesignating subsection (g) as subsection (f).

(b) Standard guidelines.—Section 2329(d) of title 10, United States Code, is amended—

(1) by striking “Each Services Requirements Review Board” and inserting “(1) Each Services Requirements Review Board”; and

(2) by adding at the end the following new paragraph:

“(2) The Secretary of Defense shall establish and issue standard guidelines within the Department of Defense for the evaluation of requirements for services contracts. Any such guidelines issued—

“(A) shall be based on the checklist relating to services contract approval established and in use by the Department of the Army (as set forth in the request for services contract approval form updated as of August 2012, or any successor form); and

“(B) shall be updated as necessary to incorporate applicable statutory changes to total force management policies and procedures and any other guidelines or procedures relating to the use Department of Defense civilian employees to perform new functions and functions that are performed by contractors.

“(3) A general or flag officer, or a civilian employee of the Department of Defense in the Senior Executive Service, with responsibility for supervising requirements owners shall certify—

“(A) that a task order or statement of work being submitted to a contracting office is in compliance with the standard guidelines;

“(B) that all appropriate statutory risk mitigation efforts have been made; and

“(C) that such task order or statement of work does not include requirements formerly performed by Department of Defense civilian employees.

“(4) A general or flag officer, or a civilian employee of the Department of Defense in the Senior Executive Service may not delegate the duties described in paragraph (3) to an officer in a grade below O–7 (or a civilian employee of the Department of Defense at or below grade GS–15 of the General Schedule) without authorization from the Assistant Secretary of the Department of Defense concerned.

“(5) The Inspector General of the Department of Defense may conduct annual audits to ensure compliance with this section.”.

(1) Section 235 of title 10, United States Code, is repealed.

(2) Section 852 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1492; 10 U.S.C. 2329 note) is repealed.

SEC. 815. Extension of requirement to submit Selected Acquisition Reports.

(a) Repeal of termination.—Section 2432 of title 10, United States Code, is amended by striking subsection (j).

(b) Repeal of termination of certain additional reports.—Section 1051(x) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1567; 10 U.S.C. 111 note) is amended by striking paragraph (4).

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

Section 2534 of title 10, United States Code, is amended—

(1) in subsection (a)(2), by adding at the end the following new subparagraph:

“(F) Welded shipboard anchor and mooring chain.”; and

(2) in subsection (b)—

(A) by striking “A manufacturer” and inserting “(1) Except as provided in paragraph (2), a manufacturer”; and

(B) by adding at the end the following new paragraph:

“(2) A manufacturer of welded shipboard anchor and mooring chain for naval vessels meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.”.

SEC. 817. Competition requirements for purchases from Federal Prison Industries.

(a) Competition requirements for purchases from Federal Prison Industries.—Section 3905 of title 10, United States Code, as transferred and redesignated by section 1838(b) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended by striking subsections (a) and (b) and inserting the following new sections:

“(a) Market research.—Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog published under section 4124(d) of title 18, the Secretary of Defense shall conduct market research to determine whether such product—

“(1) is comparable to products available from the private sector; and

“(2) best meets the needs of the Department of Defense in terms of price, quality, and time of delivery.

“(b) Competition requirement.—If the Secretary determines that a Federal Prison Industries product is not comparable to products available from the private sector and does not best meet the needs of the Department of Defense in terms of price, quality, or time of delivery, the Secretary shall use competitive procedures or make an individual purchase under a multiple award contract for the procurement of the product. In conducting such a competition or making such a purchase, the Secretary shall consider a timely offer from Federal Prison Industries.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect on February 1, 2022.

SEC. 818. Repeal of preference for fixed-price contracts.

(a) Repeal.—Section 829 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2306 note) is repealed.

(b) Conforming amendment.—Chapter 242 of title 10, United States Code, as amended by section 1817(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1) in table of contents for such chapter, by striking the item relating to section 3324; and

(2) by striking the enumerator, section heading, and subsequent matter relating to section 3324.

SEC. 819. Modification to the pilot program for streamlining awards for innovative technology projects.

(a) Extension.—Section 873(f) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2306a note) is amended by striking “October 1, 2022” and inserting “October 1, 2024”.

(b) Recommendation on extension.—

(1) IN GENERAL.—Not later than April 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a recommendation regarding the extension of the pilot program for streamlining awards for innovative technology projects established under section 873(f) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2306a note), and if applicable, the duration of any such extension.

(2) DATA ON EXTENSION.—If the Secretary of Defense recommends an extension of the pilot program under paragraph (1), not later than 60 days after making such recommendation, the Secretary shall submit to the congressional defense committees a report on the outcomes of the pilot program, including—

(A) the number of small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) or nontraditional defense contractors (as defined under section 2302 of title 10, United States Code) that benefitted from the implementation of the pilot program;

(B) the number of small business concerns that would not have entered into a contract with the Department of Defense but for the implementation of the pilot program; and

(C) a description of the goods and services acquired by the Department through the pilot program that otherwise would not have been acquired.

SEC. 820. Other transaction authority information accessibility.

Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition & Sustainment shall submit to the congressional defense committees recommendations for making data on the exercise of the authorities provided under sections 2371 or 2371b of title 10, United States Code, more accessible to the public and improving the reporting of such information, including recommendations for—

(1) reducing data reporting requirements to the minimum necessary to identify—

(A) with respect to a transaction under either such section—

(i) the participants to the transaction (other than the Federal Government), including each business selected to perform work under the transaction by a participant to the transaction that is a consortium of private entities;

(ii) the date on which each participant entered into the transaction; and

(iii) the amount of the transaction; and

(B) with respect to a follow-on contract or transaction awarded under section 2371b of title 10, United States Code—

(i) the awardee;

(ii) the amount; and

(iii) the date awarded.

(2) a method for collecting such information in an online, public, searchable database.

subtitle C—Provisions Relating to Supply Chain Security

SEC. 831. Department of Defense research and development priorities.

The Secretary of Defense shall coordinate with the Secretary of Energy to ensure that the priorities of the Department of Defense with respect to the research and development of alternative technologies to, and methods for the extraction, processing, and recycling of, critical minerals (as defined in section 2(b) of the National Materials and Minerals Policy, Research, and Development Act of 1980 (30 U.S.C. 1601(b))) are included in the appropriate research and development activities funded by the Secretary of Energy pursuant to the program established under paragraph (g) of section 7002 of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260).

SEC. 832. Defense supply chain risk assessment framework.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish a framework, which may be included as part of a framework developed under section 2509 of title 10, United States Code, and pursuant to recommendations provided under section 5 of Executive Order 14017 (86 Fed. Reg. 11849, relating to America’s supply chains), to consolidate the information relating to risks to the defense supply chain that is collected by the elements of the Department of Defense to—

(1) enable Department-wide risk assessments of the defense supply chain; and

(2) support the development of strategies to mitigate risks to the defense supply chain.

(b) Framework requirements.—The framework established under subsection (a) shall—

(1) provide for the collection, management, and storage of data from the supply chain risk management processes of the Department of Defense;

(2) provide for the collection of reports on supply chain risk management from the military departments and Defense Agencies, and the dissemination of such reports to the components of the military departments and Defense Agencies involved in the management of supply chain risk;

(3) enable all elements of the Department to analyze the information collected by such framework to identify risks to the defense supply chain;

(4) enable the Department to—

(A) assess the capabilities of foreign adversaries (as defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c))) to affect the defense supply chain;

(B) analyze the ability of the industrial base of the United States to meet the needs of the defense supply chain;

(C) track global technology trends that could affect the defense supply chain, as determined by the Secretary of Defense; and

(D) assess the risks posed by emerging threats to the defense supply chain;

(5) support the identification of technology in which the Department may invest to reduce risks to the defense supply chain, including by improving the resilience of the defense supply; and

(6) provide for—

(A) a map of the supply chains for major end items that supports analysis, monitoring, and reporting with respect to high-risk subcontractors and risks to such supply chain; and

(B) the use of a covered application described in subsection (c) in the creation of such map to assess risks to the supply chain for major end items by business sector, vendor, program, part, or technology.

(c) Covered application described.—The covered application described in this subsection is a covered application that includes the following elements:

(1) A centralized database that consolidates multiple disparate data sources into a single repository to ensure the consistent availability of data.

(2) Centralized reporting to allow for efficient mitigation and remediation of identified supply chain vulnerabilities.

(3) Broad interoperability with other software and systems to ensure support for the analytical capabilities of user across the Department.

(4) Scalable technology to support multiple users, access controls for security, and functionality designed for information-sharing and collaboration.

(d) Guidance.—Not later than 180 days after the framework required under subsection (a) is established, and regularly thereafter, the Secretary of Defense shall issue guidance on mitigating risks to the defense supply chain.

(e) Reports.—

(1) PROGRESS REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of establishing the framework as required under subsection (a).

(2) FINAL REPORT.—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 describing the framework established under subsection (a) and the organizational structure to manage and oversee the framework.

(f) Definitions.—In this section:

(1) COVERED APPLICATION.—The term “covered application” means a software-as-a-service application that uses decision science, commercial data, and machine learning techniques.

(2) DEFENSE AGENCY; MILITARY DEPARTMENT.—The terms “Defense Agency” and “military department” have the meanings given such terms in section 101 of title 10, United States Code.

(3) HIGH-RISK SUBCONTRACTORS.—The term “high-risk subcontractor” means a subcontractor at any tier that supplies major end items for the Department of Defense.

(4) MAJOR END ITEM.—The term “major end item” means an item subject to a unique item-level traceability requirement at any time in the life cycle of such item under Department of Defense Instruction 8320.04, titled “Item Unique Identification (IUID) Standards for Tangible Personal Property” and dated September 3, 2015, or any successor instruction.

SEC. 833. Plan to reduce reliance on supplies and materials from adversaries in the defense supply chain.

(a) Reliance reduction plan.—

(1) IN GENERAL.—The Secretary of Defense, in coordination with the Secretary of State, shall develop and implement a plan to—

(A) partner with covered private sector entities and partner countries and allies of the United States to reduce the reliance of the United States on covered supplies and materials obtained from sources located in geographic areas controlled by foreign adversaries; and

(B) mitigate the risks to national security and the defense supply chain arising from the reliance of the United States on covered supplies and materials that cannot be acquired in sufficient quantities to meet the needs of major end items without procuring covered supplies and materials from sources located in geographic areas controlled by foreign adversaries.

(2) CONSIDERATION.—The Secretary of Defense shall consider the determinations made under paragraph (3) when developing the plan under paragraph (1).

(3) SUPPLIES AND MATERIALS SOURCE DETERMINATIONS.—Before developing the plan under paragraph (1), the Secretary of Defense, in coordination with Secretary of State, shall determine—

(A) the covered supplies and materials for which a source is located in a geographic area controlled by a foreign adversary;

(B) the covered supplies and materials described in subparagraph (A) that may be acquired from sources located domestically or in geographic areas controlled by partner countries or allies of the United States in sufficient quantities to—

(i) reduce the reliance of the Department on covered supplies and materials described in subparagraph (A); and

(ii) increase the resiliency of the defense supply chain;

(C) the difference in cost to acquire covered supplies and materials described in subparagraph (A) from sources located domestically or in geographic areas controlled by partner countries or allies of the United States, if available; and

(D) the covered supplies and materials described in subparagraph (A) that cannot be acquired in sufficient quantities to meet the needs of major end items without sources located in geographic areas controlled by foreign adversaries.

(b) Report.—Not later than two years after the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report describing—

(1) the determinations made under subsection (a)(3);

(2) the plan required under subsection (a)(1).

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means the following:

(A) The Committee on Armed Services of the House of Representatives.

(B) The Committee on Armed Services of the Senate.

(D) The Committee on Foreign Relations of the Senate.

(2) COVERED PRIVATE SECTOR ENTITY.—The term “covered private sector entity” means a private sector entity able to provide, or facilitate the acquisition of, covered supplies and materials from domestic sources or sources located in geographic areas controlled by partner countries or allies of the United States.

(3) COVERED SUPPLIES AND MATERIALS.—

(A) IN GENERAL.—Except as provided in subparagraph (B), the term “covered supplies and materials”—

(i) means—

(I) critical safety systems and subsystems;

(II) assemblies and subassemblies integral to a system or subsystem; and

(III) repair, maintenance, logistics support, and overhaul services for systems, subsystems, assemblies, subassemblies, and parts integral to a systems; and

(ii) includes systems, subsystems, assemblies, subassemblies, and parts described in clause (i) acquired with respect to commercial items (as defined under section 2.101 of title 48, Code of Federal Regulations) and non-commercial items.

(B) CERTAIN STRATEGIC AND CRITICAL MATERIALS EXCLUDED.—The term “covered supplies and materials” does not include any strategic and critical materials (as defined under section 12 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-3)) with respect to which the Secretary includes an appropriate reduction plan in a report required under section 14 of such Act (50 U.S.C. 98h-5).

(4) FOREIGN ADVERSARY.—The term “foreign adversary” has the meaning given such term in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c)).

(5) MAJOR END ITEM.—The term “major end item” means an item subject to a unique item-level traceability requirement at any time in the life cycle of such item under Department of Defense Instruction 8320.04, titled “Item Unique Identification (IUID) Standards for Tangible Personal Property” and dated September 3, 2015, or any successor instruction.

SEC. 834. Enhanced domestic content requirement for major defense acquisition programs.

(a) Assessment required.—

(1) IN GENERAL.—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 assessing the domestic source content of any procurement.

(2) INFORMATION REPOSITORY.—The Secretary of Defense shall establish an information repository for the collection and analysis of information related to domestic source content that can be used for continuous data analysis and program management activities.

(b) Enhanced domestic content requirement.—

(1) IN GENERAL.—Except as provided in paragraph (2), for purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, or supplies procured are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of such component articles, materials, or supplies—

(A) supplied not later than the date of the enactment of this Act, exceeds 60 percent of cost of the manufactured articles, materials, or supplies procured;

(B) supplied during the period beginning January 1, 2024, and ending December 31, 2028, exceeds 65 percent of the cost of the manufactured articles, materials, or supplies; and

(C) supplied on or after January 1, 2029, exceeds 75 percent of the cost of the manufactured articles, materials, or supplies.

(2) EXCLUSION FOR CERTAIN MANUFACTURED ARTICLES.—Paragraph (1) shall not apply to manufactured articles that consist wholly or predominantly of iron, steel, or a combination of iron and steel.

(3) RULEMAKING.—

(A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to determine the treatment of the lowest price offered for a foreign end product for which 55 percent or more of the component articles, materials, or supplies of such foreign end product are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if—

(i) the application paragraph (1) results in an unreasonable cost; or

(ii) no offers are submitted to supply manufactured articles, materials, or supplies manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.

(B) TERMINATION.—Rules issued under this paragraph shall cease to have force or effect on January 1, 2030.

(4) APPLICABILITY.—The requirements of this subsection shall apply to contracts entered into on or after the date of the enactment of this Act.

SEC. 835. Reduction of fluctuations of supply and demand for certain covered items.

(a) Supply and demand requirements.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—

(1) specify methods and processes to track and reduce fluctuations in supply chain forecasting and demand requirements of the Office of the Secretary of Defense, each military department, and the Defense Logistics Agency for covered items; and

(2) implement policies to encourage predictable demand requirements for covered items for the Office of the Secretary of Defense, each military department, and the Defense Logistics Agency.

(b) Report.—Not later than 15 months after the date of the enactment of this Act, and quarterly thereafter, each Secretary of a military department and the Director of the Defense Logistics Agency shall submit to the Under Secretary of Defense for Acquisition and Sustainment a report on the fluctuations in supply chain forecasting and demand requirements for each covered item, expressed as a percentage.

(c) Covered item defined.—In this section, the term “covered item” means a covered item described in subparagraph (B), (C), or (E) of subsection (b)(1) or subsection (b)(2) of section 2533a of title 10, United States Code.

SEC. 836. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region.

(a) Prohibition on the availability of funds for certain procurements from XUAR.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of a “poverty alleviation” or “pairing assistance” program.

(b) Rulemaking.—The Secretary of Defense shall issue rules not later than 90 days after the date of the enactment of this Act to require a certification from offerors for contracts with the Department of Defense stating the offeror has made a good faith effort to determine that forced labor from XUAR, as described in subsection (a), was not or will not be used in the performance of such contract.

(1) FORCED LABOR.—The term “forced labor” means all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily.

(2) PERSON.—The term “person” means—

(A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or

(B) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A).

(3) XUAR.—The term “XUAR” means the Xinjiang Uyghur Autonomous Region of the People’s Republic of China.

subtitle D—Industrial Base Matters

SEC. 841. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries.

Section 851 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1510; 10 U.S.C. 2283 note) is amended to read as follows:

“SEC. 851. Pilot program for development of technology-enhanced capabilities with partnership intermediaries.

“(a) Establishment.—The Secretary of Defense may authorize the Commander of the United States Special Operations Command to use funds described in subsection (b) for a pilot program under which the Commander shall make, through the use of a partnership intermediary, covered awards to small business concerns to develop technology-enhanced capabilities for special operations forces.

“(b) Funds.—

“(1) IN GENERAL.—The funds described in this subsection are funds transferred to the Commander of the United States Special Operations Command to carry out the pilot program established under this section from funds available to be expended by each covered entity pursuant to section 9(f) of the Small Business Act.

“(2) LIMITATIONS.—

“(A) FISCAL YEAR.—A covered entity may not transfer to the Commander an amount greater than 10 percent of the funds available to be expended by such covered entity pursuant to section 9(f) of the Small Business Act for a fiscal year.

“(B) AGGREGATE AMOUNT.—The aggregate amount of funds to be transferred to the Commander may not exceed $20,000,000.

“(c) Partnership Intermediaries.—

“(1) AUTHORIZATION.—The Commander may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of contracts and agreements to small business concerns.

“(2) LIMITATION.—None of the funds described in subsection (b) may be used to pay a partnership intermediary for any costs associated with the pilot program.

“(3) DATA.—With respect to a covered award made under this section, the Commander shall gather data on the role of the partnership intermediary to include the—

“(A) staffing structure;

“(B) funding sources; and

“(C) methods for identifying and evaluating small business concerns eligible for a covered award.

“(d) Report.—

“(1) ANNUAL REPORT.—Not later than October 1 of each year until October 1, 2026, the Commander of the United States Special Operations Command, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report including—

“(A) a description of each agreement with a partnership intermediary entered into pursuant to this section;

“(B) for each covered award made under this section—

“(i) a description of the role served by the partnership intermediary;

“(ii) the amount of funds obligated;

“(iii) an identification of the small business concern that received such covered award;

“(iv) a description of the use of such covered award;

“(v) a description of the role served by the program manager (as defined in section 1737 of title 10, United States Code) of the covered entity with respect to the small business concern that received such covered award, including a description of interactions and the process of the program manager in producing a past performance evaluation of such concern; and

“(vi) the benefits achieved as a result of the use of a partnership intermediary for the pilot program established under this section as compared to previous efforts of the Commander to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces; and

“(C) a plan detailing how each covered entity will apply lessons learned from the pilot program to improve processes for directly working with and supporting small business concerns to develop technology-enhanced capabilities for special operations forces.

“(2) FINAL REPORT.—The final report required under this subsection shall include, along with the requirements of paragraph (1), a recommendation regarding—

“(A) whether and for how long the pilot program established under this section should be extended; and

“(B) whether to increase funding for the pilot program, including a justification for such an increase.

“(e) Termination.—The authority to carry out a pilot program under this section shall terminate on September 30, 2025.

“(f) Definitions.—In this section:

“(1) The term ‘covered award’ means an award made under the Small Business Innovation Research Program.

“(2) The term ‘covered entity’ means—

“(A) the Army;

“(B) the Navy;

“(C) the Air Force;

“(D) the Marine Corps;

“(E) the Space Force; and

“(F) any element of the Department of Defense that makes awards under the Small Business Innovation Research Program or Small Business Technology Transfer Program.

“(3) The term ‘partnership intermediary’ has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715(c)).

“(4) The term ‘small business concern’ has the meaning given the term under section 3 of the Small Business Act (15 U.S.C. 632).

“(5) The term ‘Small Business Innovation Research Program’ has the meaning given the term in section 9(e)(4) of the Small Business Act (15 U.S.C. 638(e)).

“(6) The term ‘technology-enhanced capability’ means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission.”.

SEC. 842. Designating certain SBIR and STTR programs as entrepreneurial innovation projects.

(a) Entrepreneurial Innovation Project Pilot Program.—

(1) IN GENERAL.—The Secretary of Defense and the covered Secretaries concerned shall each establish and carry out a pilot program to more effectively transition projects that have completed a Phase II SBIR or STTR award and that present the potential to meet operational needs of elements of the Department of Defense to Phase III by designating eligible programs as Entrepreneurial Innovation Projects.

(2) DESIGNATION.—Not later than one year after the date of the enactment of this section, and annually thereafter, not less than five eligible programs shall be designated as Entrepreneurial Innovation Projects by—

(A) each covered Secretary concerned, in consultation with each chief of a covered Armed Force under the jurisdiction of the Secretary concerned; and

(B) the Secretary of Defense for each covered element of the Department.

(b) Selection requirements.—

(1) FUTURE YEARS DEFENSE PROGRAM INCLUSION.—The Secretary of Defense shall include the estimated expenditures of each designated program in the first future-years defense program submitted to Congress under section 221 of title 10, United States Code, after such designated program is designated under subsection (a)(2).

(2) PPBE COMPONENT.—Each designated program shall be considered by the designating Secretary as an integral part of the planning, programing, budgeting, and execution process of the Department of Defense.

(3) PROGRAMMING PROPOSAL.—Each designated program shall be included by the designating Secretary under a separate heading in any programming proposals submitted to the congressional defense committees.

(4) DESIGNATION CRITERIA.—In making designations required under subsection (a)(2), the covered Secretary concerned or the Secretary of Defense, as applicable, shall consider—

(A) the potential of the eligible program to—

(i) advance the national security capabilities of the United States;

(ii) provide new technologies or processes, or new applications of existing technologies, that will enable new alternatives to existing programs;

(iii) provide future cost savings; and

(iv) significantly reduce the time to deliver capabilities to members of the covered Armed Forces; and

(B) any other criteria that the covered Secretary concerned or Secretary of Defense, as applicable, determines appropriate.

(5) MITIGATE CONFLICTS OF INTEREST.—The covered Secretary concerned or the Secretary of Defense, as applicable, shall establish procedures for the designation of Entrepreneurial Innovation Projects which will mitigate, to the greatest extent practicable, organizational conflicts of interests, including those from within Governmental organizations or programs that could view the designation and successful completion of an Entrepreneurial Innovation Project as a competing alternative to an existing or proposed program or other activity.

(6) APPLICATION.—The Secretary of Defense and each covered Secretary concerned shall establish an application process for eligible programs seeking designation as Entrepreneurial Innovation Projects.

(c) Revocation of designation.—If the designating Secretary determines that a designated program no longer meets the criteria in subsection (b)(4) or that the technology has become irrelevant, the designating Secretary may revoke the Entrepreneurial Innovation Project designation for such designated program.

(d) Reports to congress.—

(1) ANNUAL REPORT.—The Secretary of Defense shall submit to congressional defense committees, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives, concurrently with the President’s annual budget request, an annual report that includes for each designated program—

(A) a description of the designated program;

(B) a summary of the potential of the designated program as considered under subsection (b)(4)(A);

(D) the progress made towards delivering on the potential of the designated program; and

(E) such other information that the Secretary determines appropriate to inform the congressional defense committees about the status of the pilot programs established under this section.

(2) FINAL REPORT.—In the last report submitted under paragraph (1) prior to December 31, 2027, the Secretary of Defense shall include a recommendation on whether to extend the pilot programs established under this section and the appropriate duration of such extension, if any.

(e) Effective date.—This section shall take effect on January 1, 2022.

(f) Termination date.—The pilot programs established under this section shall terminate on December 31, 2027.

(g) Definitions.—In this section:

(1) COVERED ARMED FORCES.—The term “covered Armed Forces” means—

(A) the Army;

(B) the Navy;

(D) the Marine Corps; and

(E) the Space Force.

(2) COVERED ELEMENT OF THE DEPARTMENT.—The term “covered element of the Department” means any element of the Department of Defense, other than an element referred to in paragraph (3), that is associated with the Small Business Innovation Research or Small Business Technology Transfer programs.

(3) COVERED SECRETARY CONCERNED.—The term “covered Secretary concerned” means—

(A) the Secretary of the Army, with respect to matters concerning the Department of the Army;

(B) the Secretary of the Navy, with respect to matters concerning the Department of the Navy (other than matters concerning the Coast Guard); and

(4) ELIGIBLE PROGRAM.—The term “eligible program” means a project that has completed a Phase II SBIR or STTR award.

(5) DESIGNATED PROGRAM.—The term “designated program” means an eligible program that has been designated as an Entrepreneurial Innovation Project under this section and for which such designation has not been revoked under subsection (c).

(6) DESIGNATING SECRETARY.—The term “designating Secretary” means—

(A) with respect to a designated program designated as an Entrepreneurial Innovation Project under this section by a covered Secretary concerned, such covered Secretary concerned; and

(B) with respect to all other designated programs, the Secretary of Defense.

(7) PHASE II; PHASE III; SBIR; STTR.—The terms “Phase II”, “Phase III”, “SBIR”, and “STTR” have the meanings given such terms in section 9(e) of the Small Business Act (15 U.S.C. 638(e)).

SEC. 843. Modifications to printed circuit board acquisition restrictions.

(a) In general.—Section 2533d of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking “January 1, 2023” and inserting “the date determined under paragraph (3)”; and

(B) by adding at the end the following new paragraph:

“(3) Paragraph (1) shall take effect on January 1, 2027.”;

(2) in subsection (c)—

(A) in paragraph (2)—

(i) in the matter preceding subparagraph (A), by inserting “specified type of” after “means any”;

(ii) in subparagraph (A), by striking “(as such terms are defined under sections 103 and 103a of title 41, respectively)”; and

(iii) by amending subparagraph (B) to read as follows:

“(B) is a component of—

“(i) a defense security system; or

“(ii) a system, other than a defense security system, that transmits or stores information and which the Secretary identifies as national security sensitive in the contract under which such printed circuit board is acquired.”; and

(B) by adding at the end the following new paragraphs:

“(3) COMMERCIAL PRODUCT; COMMERCIAL SERVICE; COMMERCIALLY AVAILABLE OFF-THE SHELF ITEM.—The terms ‘commercial product’, ‘commercial service’, and ‘commercially available off-the-shelf item’ have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively.

“(4) DEFENSE SECURITY SYSTEM.—

“(A) The term ‘defense security system’ means an information system (including a telecommunications system) used or operated by the Department of Defense, by a contractor of the Department, or by another organization on behalf of the Department, the function, operation, or use of which—

“(i) involves command and control of an armed force;

“(ii) involves equipment that is an integral part of a weapon or weapon system; or

“(iii) subject to subparagraph (B), is critical to the direct fulfillment of military missions.

“(B) Subparagraph (A)(iii) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).

“(5) SPECIFIED TYPE.—The term ‘specified type’ means a printed circuit board that is—

“(A) a component of an electronic device that facilitates the routing, connecting, transmitting or securing of data and is commonly connected to a network, and

“(B) any other end item, good, or product specified by the Secretary in accordance with subsection (d)(2).”; and

(3) by amending subsection (d) to read as follows:

“(d) Rulemaking.—

“(1) The Secretary may issue rules providing that subsection (a) may not apply with respect to an acquisition of commercial products, commercial services, and commercially available off-the-shelf items if—

“(A) the contractor is capable of meeting minimum requirements that the Secretary deems necessary to provide for the security of national security networks and weapon systems, including, at a minimum, compliance with section 224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2302 note); and

“(B) either—

“(i) the Government and the contractor have agreed to a contract requiring the contractor to take certain actions to ensure the integrity and security of the item, including protecting the item from unauthorized access, use, disclosure, disruption, modification, or destruction; or

“(ii) the Secretary has determined that the contractor has adopted such procedures, tools, and methods for identifying the sources of components of such item, based on commercial best practices, that meet or exceed the applicable trusted supply chain and operational security standards of the Department of Defense.

“(2) The Secretary may issue rules specifying end items, goods, and products for which a printed circuit board that is a component thereof shall be a ‘specified type’ if the Secretary has promulgated final regulations, after an opportunity for notice and comment that is not less than 12 months, implementing this section.

“(3) In carrying out this section, the Secretary shall, to the maximum extent practicable, avoid imposing contractual certification requirements with respect to the acquisition of commercial products, commercial services, or commercially available off-the-shelf items.”.

(b) Modification of independent assessment of printed circuit boards.—Section 841(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1) in paragraph (1)—

(A) by striking “the date of enactment of this Act” and inserting “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022”;

(B) by striking “shall seek to enter” and inserting “shall enter”;

(C) by striking “to include printed circuit boards in commercial products or services, or in” and inserting “to printed circuit boards in other commercial or”; and

(D) ) by striking “the scope of mission critical” and all that follows through the period at the end and inserting “types of systems other than defense security systems (as defined in section 2533d(c) of title 10, United States Code) that should be subject to the prohibition in section 2533d(a) of title 10, United States Code.”;

(2) in the heading for paragraph (2), by striking “department of defense” and inserting “Department of Defense”;

(3) in paragraph (2), by striking “one year after entering into the contract described in paragraph (1)” and inserting “January 1, 2023”;

(4) in the heading for paragraph (3), by striking “congress” and inserting “Congress”; and

(5) in paragraph (3), by inserting after “the recommendations of the report.” the following: “The Secretary shall use the report to determine whether any systems (other than defense security systems (as defined in section 2533d(c) of title 10, United States Code)) or other types of printed circuit boards should be subject to the prohibition in section 2533d(a) of title 10, United States Code.”.

SEC. 844. Defense industrial base coalition for career development.

(a) In general.—The Under Secretary of Defense for Acquisition and Sustainment shall establish and manage a coalition among covered institutions of higher education, career and technical education programs, workforce development boards, labor organizations, and organizations representing defense industrial base contractors to focus on career pathways for individuals seeking careers in manufacturing. The goals of the coalition shall be—

(1) to highlight the importance of expertise in manufacturing careers;

(2) to share experiences of successful partnerships between such organizations and covered institutions of higher education to create opportunities for individuals attending such institutions to be hired by defense industrial base contractors; and

(3) to encourage opportunities for donating used equipment of defense industrial base contractors to covered institutions of higher education for use in training such individuals.

(b) Report.—Not later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the coalition established under subsection (a), shall submit to the congressional defense committees a report including—

(1) the results of any cooperative work-education program established by defense laboratories pursuant to section 2195 of title 10, United States Code;

(2) an assessment of whether such programs could be expanded to include individuals attending secondary schools and career and technical education programs to create opportunities for such individuals to be hired by defense industrial base contractors; and

(3) recommendations for whether incentive contracts are needed to encourage defense industrial base contractors to provide career pathways for individuals seeking careers in manufacturing.

(1) COVERED INSTITUTION OF HIGHER EDUCATION.—The term “covered institution of higher education” means—

(A) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and

(B) a postsecondary vocational institution, as defined in section 102(c) of such Act (20 U.S.C. 1002(c)).

(2) DEFENSE INDUSTRIAL BASE CONTRACTOR.—The term “defense industrial base contractor” means a prime contractor or subcontractor (at any tier) in the defense industrial base.

(3) LABOR ORGANIZATION.—The term “labor organization” has the meaning given such term in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)).

(4) SECONDARY SCHOOL.—The term “secondary school” has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(5) CAREER AND TECHNICAL EDUCATION.—The term “career and technical education” has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).

(6) WORKFORCE DEVELOPMENT BOARD.—The term “workforce development board” means a State board or a local board, as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

SEC. 845. Additional testing of commercial e-commerce portal models.

Section 846(c) of the National Defense Authorization Act for Fiscal Year 2018 (41 U.S.C. 1901 note) is amended by adding at the end the following new paragraphs:

“(5) ADDITIONAL TESTING.—Not later than 90 days after the date of the enactment of this paragraph, the Administrator shall—

“(A) begin testing commercial e-commerce portal models other than any commercial e-commerce portal identified in the recommendations issued under paragraph (3); and

“(B) shall submit to the congressional defense committees a report that includes—

“(i) a summary of the assessments conducted under subsection (c)(2) with respect to a commercial e-commerce portal provider identified in the recommendations issued under subsection (c)(3);

“(ii) a list of the types of commercial products procured from such provider;

“(iii) the amount spent by the head of a department or agency under the program, disaggregated by type of commercial product and commercial e-commerce portal provider;

“(iv) a update on the commercial e-commerce portal models being tested and a timeline for completion of such testing.

“(6) REPORT.—Upon completion of testing conducted under paragraph (5) and before taking any action with respect to the commercial e-commerce portal models tested, the Administrator of General Services shall submit to the congressional defense committees a report on the results of such testing that includes—

“(A) an assessment and comparison of commercial e-commerce portal providers with respect to—

“(i) price and quality of the commercial product supplied by each commercial e-commerce portal model;

“(ii) supplier reliability and service;

“(iii) safeguards for the security of Government information and third-party supplier proprietary information;

“(iv) protections against counterfeit commercial products;

“(v) supply chain risks, particularly with respect to complex commercial products; and

“(vi) overall adherence to Federal procurement rules and policies; and

“(B) an analysis of the costs and benefits of the convenience to the Federal Government of procuring commercial products from each commercial e-commerce portal providers.”.

SEC. 846. Support for industry participation in global standards organizations.

(a) Definition.—In this section:

(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Small Business Administration.

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means the following:

(A) The Committee on Science, Space, and Technology of the House of Representatives.

(B) The Committee on Commerce, Science, and Transportation of the Senate.

(D) The Committee on Energy and Natural Resources of the Senate.

(E) The Committee on Small Business of the House of Representatives.

(F) The Committee on Small Business and Entrepreneurship of the Senate.

(3) ARTIFICIAL INTELLIGENCE.—The term “artificial intelligence” has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note).

(4) COVERED ENTITY.—The term “covered entity” means a small business concern that is incorporated and maintains a primary place of business in the United States.

(5) SMALL BUSINESS CONCERN.—The term “small business concern” has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).

(b) Establishment.—Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to support participation by covered entities in meetings and proceedings of standards development organizations in the development of voluntary technical standards.

(c) Activities.—In carrying out the program established under subsection (a), the Administrator shall award competitive, merit-reviewed grants to covered entities to cover the reasonable costs, up to a specified ceiling, of participation of employees of those covered entities in meetings and proceedings of standards development organizations, including—

(1) regularly attending meetings;

(2) contributing expertise and research;

(3) proposing new work items; and

(4) volunteering for leadership roles such as a convener or editor.

(d) Award criteria.—The Administrator may only provide a grant under this section to a covered entity that—

(1) demonstrates deep technical expertise in key emerging technologies and technical standards, including artificial intelligence and related technologies;

(2) commits personnel with such expertise to regular participation in global bodies responsible for developing standards for such technologies over the period of the grant;

(3) agrees to participate in efforts to coordinate between the Federal Government and industry to ensure protection of national security interests in the setting of global standards so long as such standards are not dictated by the Federal Government; and

(4) provides a plan to the Administrator that details the relationship between the activities described in paragraphs (1), (2), and (3) and the proposed standards to be adopted.

(e) No matching contribution.—A recipient of an award under this section shall not be required to provide a matching contribution.

(f) Evaluation.—

(1) IN GENERAL.—In making awards under this section, the Administrator shall coordinate with the Director of the National Institute of Standards and Technology, who shall provide support in the assessment of technical expertise in emerging technologies and standards setting needs.

(2) PANEL RANKING.—In carrying out the requirements under paragraph (1), the Administrator and the Director shall jointly establish a panel of experts to rank the proposed standards, based on merit and relevance, to be composed of experts from—

(A) private industry;

(B) non-profit institutions;

(D) academia; and

(E) the Federal Government.

(g) Report.—Not less than annually, the Administrator shall submit to the appropriate congressional committees a report on—

(1) the efficacy of the program;

(2) an explanation of any standard adopted as a result of the program;

(3) any challenges faced in carrying out the program; and

(4) proposed solutions to the challenges identified in paragraph (3).

subtitle E—Other Matters

SEC. 851. Mission management pilot program.

(a) In general.—Subject to the availability of appropriations, the Secretary of Defense shall establish within the Strategic Capabilities Office of the Department of Defense a pilot program to identify lessons learned and improved mission outcomes achieved by quickly delivering solutions that fulfill critical operational needs arising from cross-service missions undertaken by combatant commands through the use of a coordinated and iterative approach to develop, evaluate, and transition such solutions.

(b) Missions selection.—

(1) IN GENERAL.—Except as provided in paragraph (3), the Deputy Secretary of Defense shall select missions with respect to which to carry out the pilot program.

(2) SELECTION CRITERIA.—When selecting missions under paragraph (1), the Deputy Secretary of Defense shall—

(A) select missions with critical cross-service operational needs; and

(B) consider—

(i) the strategic importance of the critical cross-service operational needs to the operational plans of the relevant combatant commands; and

(ii) the advice of the Cross-Functional Teams of the Strategic Capabilities Office regarding mission selection.

(3) INITIAL MISSION.—

(A) IN GENERAL.—Not later than four months after the date of the enactment of this section, the Director of the Strategic Capabilities Office shall select a mission under the pilot program that has critical cross-service operational needs and which is of strategic importance to the operational plans of the United States Indo-Pacific Command.

(B) MISSION SELECTION APPROVAL.—The mission selected by the Director of the Strategic Capabilities Office under subparagraph (A) shall be subject to the approval of the Deputy Secretary of Defense.

(1) IN GENERAL.—A mission manager shall carry out the pilot program with respect to each mission.

(2) RESPONSIBILITIES.—With respect to each mission, the relevant mission manager shall—

(A) identify critical cross-service operational needs by enumerating the options available to the combatant command responsible for carrying out such mission and determining the resiliency of such options to threats from adversaries;

(B) in coordination with the military services and appropriate Defense Agencies and Field Activities, develop and deliver solutions, including software and information technology solutions and other functionalities unaligned with any one weapon system of a covered Armed Service, to—

(i) fulfill critical cross-service operational needs; and

(ii) address future changes to existing critical cross-service operational needs by providing additional capabilities;

(C) work with the combatant command responsible for such mission and the related planning organizers, service program managers, and defense research and development activities to carry out iterative testing and support to initial operational fielding of the solutions described in subparagraph (B);

(D) conduct research, development, test, evaluation, and transition support activities with respect to the delivery of the solutions described in subparagraph (B);

(E) seek to integrate existing, emerging, and new capabilities available to the Department of Defense in the development of the solutions described in subparagraph (B); and

(F) provide to the Deputy Secretary of Defense mission management activity updates and reporting on the use of funds under the pilot program with respect to such mission.

(3) DIRECTOR OF THE STRATEGIC CAPABILITIES OFFICE.—The Director of the Strategic Capabilities Office shall be the mission manager for each mission selected under subsection (b).

(4) ITERATIVE APPROACH.—The mission manager shall, to the extent practicable, carry out the pilot program with respect to each mission selected under subsection (b) by integrating existing, emerging, and new military capabilities, and managing a portfolio of small, iterative development and support to initial operational fielding efforts.

(5) OTHER PROGRAM MANAGEMENT RESPONSIBILITIES.—The activities undertaken by the mission manager with respect to a mission, including mission management, do not supersede or replace the program management responsibilities of any other individual that are related to such missions.

(d) Data collection requirement.—The Deputy Secretary of Defense shall develop and implement a plan to collect and analyze data on the pilot program for the purposes of—

(1) developing and sharing best practices for applying emerging technology and supporting new operational concepts to improve outcomes on key military missions and operational challenges; and

(2) providing information to the leadership of the Department on the implementation of the pilot program and related policy issues.

(e) Assessments.—During the five-year period beginning on the date of the enactment of this Act, the Deputy Secretary of Defense shall regularly assess—

(1) the authorities required by the missions manager to effectively and efficiently carry out the pilot program with respect to the missions selected under subsection (b); and

(2) whether the mission manager has access to sufficient funding to carry out the research, development, test, evaluation, and support to initial operational fielding activities required to deliver solutions fulfilling the critical cross-service operational needs of the missions.

(f) Briefings.—

(1) SEMIANNUAL BRIEFING.—

(A) IN GENERAL.—Not later than July 1, 2022, and every six months thereafter until the date that is five years after the date of the enactment of this Act, the mission manager shall provide to the congressional defense committees a briefing on the progress of the pilot program with respect to each mission selected under subsection (b), the anticipated mission outcomes, and the funds used to carry out the pilot program with respect to such mission.

(B) INITIAL BRIEFING.—The Deputy Secretary of Defense shall include in the first briefing submitted under subparagraph (A) a briefing on the implementation of the pilot program, including—

(i) the actions taken to implement the pilot program;

(ii) an assessment of the pilot program;

(iii) requests for Congress to provide authorities required to successfully carry out the pilot program; and

(iv) a description of the data plan required under subsection (d).

(2) ANNUAL BRIEFING.—Not later than one year after the date on which the pilot program is established, and annually thereafter until the date that is five years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committees a briefing on the pilot program, including—

(A) the data collected and analysis performed under subsection (d);

(B) lessons learned;

(D) such other information as the Deputy Secretary determines appropriate.

(3) RECOMMENDATION.—Not later than two years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to Congress a briefing on the recommendations of the Deputy Secretary with respect to the pilot program and shall concurrently submit to Congress—

(A) a written assessment of the pilot program;

(B) a written recommendation on continuing or expanding the mission integration pilot program;

(D) the data collected and analysis performed under subsection (d).

(g) Transition.—Beginning in fiscal year 2025, the Deputy Secretary of Defense may transition responsibilities for research, development, test, evaluation, and support to initial operational fielding activities started under the pilot program to other elements of the Department for purposes of delivering solutions fulfilling critical cross-service operational needs.

(h) Termination date.—The pilot program shall terminate on the date that is 5 years after the date of the enactment of this Act.

(i) Rule of construction.—Nothing in this section shall be construed as providing any authority not otherwise provided by law to procure, or enter agreements to procure, any goods, materials, or services.

(j) Definitions.—In this section:

(1) COVERED ARMED FORCE.—The term “covered Armed Force” means—

(A) the Army;

(B) the Navy;

(D) the Marine Corps; or

(E) the Space Force.

(2) CROSS-FUNCTIONAL TEAMS OF THE STRATEGIC CAPABILITIES OFFICE.—The term “Cross-Functional Teams of the Strategic Capabilities Office” means the teams established in the Strategic Capabilities Office of the Department of Defense pursuant to section 233(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1277; 10 U.S.C. 132 note).

(3) CROSS-SERVICE.—The term “cross-service” means pertaining to multiple covered Armed Forces.

(4) CROSS-SERVICE OPERATIONAL NEED.—The term “cross-service operational need” means an operational need arising from a mission undertaken by a combatant command which involves multiple covered Armed Forces.

(5) DEFENSE AGENCY; MILITARY DEPARTMENT.—The terms “Defense Agency” and “military department” have the meanings given such terms in section 101(a) of title 10, United States Code.

(6) FIELD ACTIVITY.—The term “Field Activity” has the meaning given the term “Department of Defense Field Activity” in section 101(a) of title 10, United States Code.

(7) MISSION MANAGEMENT.—The term “mission management” means the integration of materiel, digital, and operational elements to improve defensive and offensive options and outcomes for a specific mission or operational challenge.

(8) PILOT PROGRAM.—The term “pilot program” means the pilot program established under subsection (a).

SEC. 852. Pilot program to determine the cost competitiveness of drop-in fuels.

(a) Establishment.—The Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense (Comptroller), shall establish a pilot program to determine the cost competitiveness of the fully burdened cost of drop-in fuels compared with the fully burdened cost of traditional fuels using a scenario-based strategic sourcing tool as described in subsection (b).

(b) Use of scenario-based strategic sourcing tool.—The Under Secretary of Defense (Comptroller), in coordination with the Director of Defense Logistics Agency, shall identify an aviation fuel program and use a commercially available scenario-based strategic sourcing tool to—

(1) analyze performance risks and benefits of drop-in fuels compared to traditional fuels;

(2) determine cost-competitiveness of drop-in fuels compared to traditional fuels;

(3) improve supplier performance of contracts to procure aviation fuel; and

(4) minimize risk, increase transparency, and manage unforeseen circumstances for the Department of Defense.

(c) Documentation.—The Under Secretary of Defense (Comptroller) shall use the scenario-based strategic sourcing tool described in subsection (b) to maintain documentation of the costs of each such contract in order to develop better price estimates and procurement strategies for acquiring aviation fuel.

(d) Report.—Not later than September 30, 2022, and annually thereafter until the termination date described in subsection (f), the Secretary of Defense shall submit a report to the congressional defense committees on the status and impact of the pilot program established under this section.

(e) Definitions.—In this section:

(1) The terms “drop-in fuel”, “fully burdened cost”, and “traditional fuel” have the meanings given, respectively, in section 2922h of title 10, United States Code.

(2) The term “scenario-based strategic sourcing” means a method for testing the supply chain effects using automated software to model various scenarios relating to—

(A) contract management;

(B) spend analysis;

(D) sourcing; and

(E) external market variables.

(f) Termination.—The pilot program established under this section shall terminate on September 30, 2027.

SEC. 853. Assuring integrity of overseas fuel supplies.

(a) In general.—Before awarding a contract to an offeror for the supply of fuel for any overseas contingency operation, the Secretary of Defense shall—

(1) ensure, to the maximum extent practicable, that no otherwise responsible offeror is disqualified for such award on the basis of an unsupported denial of access to a facility or equipment by the host nation government; and

(2) require assurances that the offeror will comply with the requirements of subsections (b) and (c).

(b) Requirement.—An offeror for the supply of fuel for any overseas contingency operation shall—

(1) certify that the provided fuel, in whole or in part, or derivatives of such fuel, is not sourced from a nation or region prohibited from selling petroleum to the United States; and

(2) furnish such records as are necessary to verify compliance with such anti-corruption statutes and regulations as the Secretary determines necessary, including—

(A) the Foreign Corrupt Practices Act (15 U.S.C. 78dd-1 et seq.);

(B) the regulations contained in parts 120 through 130 of title 22, Code of Federal Regulations, or successor regulations (commonly known as the “International Traffic in Arms Regulations”);

(C) the regulations contained in parts 730 through 774 of title 15, Code of Federal Regulations, or successor regulations (commonly known as the “Export Administration Regulations”); and

(D) such regulations as may be promulgated by the Office of Foreign Assets Control of the Department of the Treasury.

(c) Report required.—Not more than 180 days after the award of a contract for the supply of fuel for any overseas contingency operation that is greater than $50,000,000, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report including—

(1) an assessment of the price per gallon for such fuel, along with an assessment of the price per gallon for fuel paid by other entities in the same nation or region of the nation; and

(2) an assessment of the ability of the contractor awarded such contract to comply with sanctions on Iran and monitor for violations of those sanctions.

(d) Applicability.—Subsections (a), (b), and (c) of this section shall apply with respect to contracts entered into on or after the date of the enactment of this Act.

(e) Avoidance of Use of Lowest Price Technically Acceptable Source Selection Criteria for fuel procurement and fuel-related services.—Section 813(c)(3) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2305 note) is amended by inserting “, including fuel procurement and fuel-related services,” after “logistics services,”.

SEC. 854. Cadre of software development and acquisition experts.

(a) Cadre of software development and acquisition experts.—

(1) Not later than January 1, 2022, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a cadre of personnel who are experts in development and acquisition of software. The purpose of the cadre is to ensure a consistent, strategic, and highly knowledgeable approach to developing and acquiring software by providing expert advice, assistance, and resources to the acquisition workforce in support of the policies established in accordance with Department of Defense Instruction 5000.02, Operation of the Adaptive Acquisition Framework, dated January 23, 2020.

(2) The Under Secretary shall establish an appropriate leadership structure and office within which the cadre shall be managed, and shall determine the appropriate official to whom members of the cadre shall report.

(3) The cadre of experts shall be assigned to a program office or an acquisition command within a military department to advise, assist, and provide resources to a program manager or program executive officer on matters pertaining to software at various stages of the life cycle of a system, including but not limited to integration, testing, production, certification, deployment of capabilities to the operational environment, and maintenance. In performing such duties, the experts shall—

(A) Advise and assist in integration of modern software development practices such as agile software development; development, security, and operations (DevSecOps); and lean practices.

(B) Advise and assist in leveraging industry best practices for software development, deployment, upgrades, and sustainment to include contracting for software as a service, subscription models, use of prime contractors to assist in integration, and other methods for acquiring or accessing capability.

(C) In conjunction with the Cadre of Intellectual Property Experts established pursuant to section 2322 of this title, develop a strategy and licensing framework to enable government procurement of commercial software, to include:

(i) in accordance with section 2377 of this title, a preference for the acquisition of commercial software under the license customarily provided to the public, except as specified in paragraphs (ii) and (iii);

(ii) identification of terms or conditions that may be inconsistent with federal procurement law;

(iii) identification of operational user needs that may necessitate the negotiation of customized licenses to ensure authorized use in unique operational environments; and

(iv) methods and procedures for use of stand-alone software licensing in cases where other contract vehicles are inappropriate or unavailable.

(D) Establish and lead cross-functional government-industry teams that include operational users, data and system architects, experts in artificial intelligence, developmental and operational testers, software developers, and cybersecurity experts to deliver software rapidly and iteratively to meet the highest priority user needs.

(E) Advise and assist in the development of requirements, acquisition strategy, product support strategy, and intellectual property strategy for a system.

(F) Advise and assist in planning and budgeting for agile software development and deployment, and the sustainment of software over the life-cycle of the program, to include consideration of the shifting landscape of continual cyber threat and evolving cyber requirements.

(G) Conduct or assist with financial analysis, cost estimation, and valuation of software, to include agile software development, to include valuation of embedded software as a standalone product or as part of modular open system approach.

(H) Assist in the drafting of a solicitation, contract, or other transaction agreement.

(I) Interact with or assist in interactions with contractors, including communications and negotiations with contractors on solicitations and awards.

(J) Foster culture change necessary to enable the Department of Defense to embrace and leverage modern software practices by:

(i) recommending policies to ensure program managers are empowered to set and maintain the integrity of agile develop process and priorities; and

(ii) educating key stakeholders in considerations regarding the integration and incorporation of agile software development practices with systems acquired under the major capability acquisition pathway.

(4) (A) In order to achieve the purpose set forth in paragraph (1), the Under Secretary shall ensure the cadre has the appropriate number of staff and such staff possesses the necessary skills, knowledge, and experience to carry out the duties under paragraph (2), including in relevant areas of law, commercial software licensing, contracting, acquisition, logistics, engineering, financial analysis, cost estimation, and valuation. The Under Secretary, in coordination with the Defense Acquisition University and in consultation with academia and industry, shall develop a career path, including development opportunities, exchanges, talent management programs, and training, for the cadre. The Under Secretary may use existing authorities to staff the cadre, including those in subparagraphs (B), (C), (D), and (F).

(B) Civilian personnel from within the Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands may be assigned to serve as members of the cadre, upon request of the Director.

(C) The Under Secretary may use the authorities for highly qualified experts under section 9903 of title 5, to hire experts as members of the cadre who are skilled professionals in software development and acquisition, commercial software licensing, and related matters.

(D) The Under Secretary may enter into a contract with a private-sector entity for specialized expertise to support the cadre. Such entity may be considered a covered Government support contractor, as defined in section 2320 of this title.

(E) In establishing the cadre, the Under Secretary shall give preference to civilian employees of the Department of Defense, rather than members of the armed forces, to maintain continuity in the cadre.

(F) The Under Secretary is authorized to use amounts in the Defense Acquisition Workforce Development Fund for the purpose of recruitment, training, and retention of the cadre, including paying salaries of newly hired members of the cadre for up to three years.

(G) In implementing this section, the Under Secretary shall ensure compliance with applicable total force management policies, requirements, and restrictions provided in sections 129a, 2329, and 2461 of title 10, United States Code.

(H) The Under Secretary shall ensure that any contractor employee providing services in support of, or participation in, the cadre established under this section and is considered a Special Government Employee as defined by section 202 of title 18, United States Code, is required to file a confidential financial disclosure in accordance with the Ethics in Government Act of 1978.

SEC. 855. Acquisition practices and policies assessment.

(a) In general.—The Department of Defense Climate Working Group established pursuant to Executive Order 14008 (86 Fed. Reg. 7619, related to tackling the climate crisis), in coordination with the Assistant Secretary of Defense for Energy, Installations, and Environment, shall assess and develop recommendations for implementing, in regulations, the acquisition practices and policies described in subsection (b) with respect to acquisitions by the Department of Defense.

(b) Acquisition practices and policies.—The practices and policies described in this subsection are—

(1) acquisition planning practices that promote the acquisition of resource-efficient goods and services and that support innovation in environmental technologies, including—

(A) weighing the cost savings and resource and energy preservation of environmentally preferable goods or services against the speed and uniformity of traditional goods or services when identifying requirements or drafting the statement of work;

(B) designing the technical specifications that set product performance levels to diminish greenhouse gas emissions;

(C) restricting the statement of work or specifications to only environmentally preferable goods or services where the quality, availability, and price comparable to traditional goods or services;

(D) engaging in public-private partnerships with private sector and nonprofit institutions to design, build, and fund low-carbon infrastructure; and

(E) collaborating with local jurisdictions surrounding military installations, with a focus on military installations located in States with established policies, guidance, and processes for procuring goods and services in a manner that minimizes environmental and social costs;

(2) source selection practices that promote the acquisition of resource-efficient goods and services and that support innovation in environmental technologies, including—

(A) considering any low-carbon or low-toxicity criteria as competition factors on the basis of which the award is made in addition to cost, past performance, and quality factors;

(B) using accepted standards, emissions data, certifications, and labels to verify the environmental impact of a good or service and enhance procurement efficiency;

(C) training acquisition professionals to evaluate the credibility of certifications and labels purporting to convey information about the environmental impact of a good or service; and

(D) considering all the costs of a good or service that will be incurred throughout its lifetime by calculating and measuring operating costs, maintenance, end of life costs, and residual value, including costs resulting from the carbon and other greenhouse gas emissions associated with the good or service; and

(3) consideration of the external economic, environmental, and social effects arising over the entire life cycle of an acquisition when making acquisition planning and source selectpagion decisions.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the chair of the Department of Defense Climate Working Group shall submit to the congressional defense committees a report on the assessment conducted under subsection (a), which shall include the recommendations developed under such subsection.

(d) Definitions.—In this section:

(1) ENVIRONMENTALLY PREFERABLE.—The term “environmentally preferable”, with respect to a good or service, means that the good or service has a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose. The comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the good or service.

(2) RESOURCE-EFFICIENT GOODS AND SERVICES.—The term “resource-efficient goods and services” means goods and services—

(A) that use fewer resources than competing goods and services to serve the same purposes or achieve the same or substantially similar result as such competing goods and services; and

(B) for which the negative environmental impacts across the full life cycle of such goods and services are minimized.

TITLE IX—Department of Defense Organization and Management

subtitle A—Office of the Secretary of Defense and Related Matters

SEC. 901. Modification of requirements for appointment of a person as Secretary of Defense after relief from active duty.

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

(1) by inserting “(1)” before “There is”; and

(2) by striking the second sentence and inserting the following new paragraph:

“(2) (A) Except as provided by subparagraph (B), a person may not be appointed as Secretary of Defense during the period of 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in pay grade O–6 or above.

“(B) A person described in subparagraph (A) may be appointed as Secretary of Defense if—

“(i) the President submits to Congress a request for approval for such appointment; and

“(ii) Congress enacts a joint resolution of approval, with not fewer than three-quarters of the Members of the House of Representatives and Senate, duly chosen and sworn, voting in the affirmative.

“(C) In this subsection, the term ‘joint resolution of approval’ means a joint resolution of either House of Congress, the sole matter after the resolving clause of which is as follows: “The Congress approves exempting _____ from the prohibition under section 113(a) of title 10, United States Code, pursuant to the request of the President for such exemption submitted to Congress on ______.”, with the blank spaces being filled with the appropriate name and date, respectively.”.

SEC. 902. Implementation of repeal of Chief Management Officer of the Department of Defense.

Section 901(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking “, except that any officer or employee so designated may not be an individual who served as the Chief Management Officer before the date of the enactment of this Act”.

SEC. 903. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy.

(a) Designation.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior official of the Department of Defense to be responsible for, and accountable to the Secretary with respect to, the implementation of the electromagnetic spectrum superiority strategy. The Secretary shall designate the senior official from among individuals who are appointed to a position in the Department by the President, by and with the advice and consent of the Senate.

(b) Responsibilities.—The senior official designated under subsection (a) shall be responsible for the following:

(1) Oversight of policy, strategy, planning, resource management, operational considerations, personnel, and technology development necessary to implement the electromagnetic spectrum superiority strategy.

(2) Evaluating whether the amount that the Department of Defense expends on electromagnetic warfare and electromagnetic spectrum operations capabilities is properly aligned.

(3) Evaluating whether the Department is effectively incorporating electromagnetic spectrum operations capabilities and considerations into current and future operational plans and concepts.

(4) Such other matters relating to electromagnetic spectrum operations as the Secretary specifies for purposes of this subsection.

(c) Report.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report that includes the following:

(1) A review of the sufficiency of the rules of engagement of the Department of Defense relating to electromagnetic spectrum operations, in particular with respect to operating below the level of armed conflict and to protect the Department from electronic attack and disruption.

(2) Any other matters the Secretary determines relevant.

(d) Implementation plan.—

(1) SUBMISSION.—Not later than 15 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a complete copy of the implementation plan signed by the Secretary of Defense in July 2021 for the Electromagnetic Spectrum Superiority Strategy published in October 2020.

(2) REPORT.—Not later than 45 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the implementation plan specified in paragraph (1). The report shall include—

(A) an evaluation of the additional personnel, resources, and authorities the Secretary determines will be needed by the senior official of the Department of Defense designated under subsection (a) who is responsible for implementing the Electromagnetic Spectrum Superiority Strategy published in October 2020; and

(B) a description of how the Secretary will ensure that such implementation will be successful.

(e) Limitation on availability of funds; quarterly briefings.—

(1) LIMITATION.—Of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 for the Office of the Under Secretary of Defense for Acquisition and Sustainment for the travel of persons—

(A) not more than 25 percent may be obligated or expended until the Secretary provides to the congressional defense committees the first quarterly briefing under paragraph (2);

(B) not more than 50 percent may be obligated or expended until the Secretary provides to such committees the second quarterly briefing under such paragraph; and

(C) not more than 75 percent may be obligated or expended until the Secretary provides to such committees the third quarterly briefing under such paragraph.

(2) QUARTERLY BRIEFINGS.—On a quarterly basis during the one-year period beginning on the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the status of the implementation plan specified in subsection (d)(1). Each briefing shall include the following:

(A) An update on the efforts of the Department of Defense to—

(i) achieve the strategic goals set out in the electromagnetic spectrum superiority strategy; and

(ii) implement such strategy through various elements of the Department.

(B) An identification of any additional authorities or resources relating to electromagnetic spectrum operations that the Secretary determines is necessary to implement the strategy.

(f) Electromagnetic spectrum superiority strategy defined.—In this section, the term “electromagnetic spectrum superiority strategy” means the Electromagnetic Spectrum Superiority Strategy of the Department of Defense published in October 2020, and any such successor strategy.

subtitle B—Other Department of Defense Organization and Management Matters

SEC. 911. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity.

(a) Treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity.—

(1) TRANSFER TO CHAPTER 8.—Section 146 of title 10, United States Code, is transferred to subchapter I of chapter 8 of such title, inserted after section 197, and redesignated as section 198.

(2) TREATMENT AS DEPARTMENT OF DEFENSE FIELD ACTIVITY.—Section 198(a) of such title, as transferred and redesignated by subsection (a) of this subsection, is amended—

(A) by striking “in the Office of the Secretary of Defense an office to be known as the” and inserting “in the Department of Defense an”; and

(B) by adding at the end the following: “The Secretary shall designate the Office as a Department of Defense Field Activity pursuant to section 191, effective as of the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).”.

(3) APPOINTMENT OF DIRECTOR.—Such section 198 is further amended—

(A) in subsection (b) in the matter preceding paragraph (1), by striking “Under Secretary of Defense for Acquisition and Sustainment” and inserting “Secretary of Defense”; and

(B) in subsection (c)(4), by striking “Under Secretary of Defense for Acquisition and Sustainment” and inserting “Secretary”.

(4) CLERICAL AMENDMENTS.—

(A) CHAPTER 4.—The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended by striking the item relating to section 146.

(B) CHAPTER 8.—The table of sections at the beginning of subtitle I of chapter 8 of such title is amended by inserting after the item relating to section 197 the following new item:

“198. Office of Local Defense Community Cooperation.”.

(b) Limitation on involuntary separation of personnel.—No personnel of the Office of Local Defense Community Cooperation under section 198 of title 10, United States Code (as added by subsection (a)), may be involuntarily separated from service with that Office during the one-year period beginning on the date of the enactment of this Act, except for cause.

(c) Administration of programs.—Any program, project, or other activity administered by the Office of Economic Adjustment of the Department of Defense as of the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) shall be administered by the Office of Local Defense Community Cooperation under section 198 of title 10, United States Code (as added by subsection (a)).

(d) Conforming repeal.—Section 905 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is repealed.

SEC. 912. Use of Combatant Commander Initiative Fund for certain environmental matters.

(a) Authorized activities.—Subsection (b) of section 166a of title 10, United States Code, is amended—

(1) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively; and

(2) by inserting after paragraph (6) the following new paragraph:

“(7) Resilience of military installations, ranges, and key supporting civilian infrastructure to extreme weather events and other changing environmental conditions.”.

(b) Conforming amendment.—Subsection (c)(1) of such section is amended by striking “and sustainability” and all that follows and inserting the following: “sustainability, and resilience of the forces assigned to the commander requesting the funds or of infrastructure supporting such forces;”.

SEC. 913. Inclusion of explosive ordnance disposal in special operations activities.

Section 167(k) 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):

“(10) Explosive ordnance disposal.”.

SEC. 914. Coordination of certain Naval activities with the Space Force.

Section 8062(d) of title 10, United States Code, is amended by inserting “the Space Force,” after “the Air Force,”.

SEC. 915. Space Force organizational matters and modification of certain space-related acquisition authorities.

(a) Sense of Congress.—It is the sense of Congress that—

(1) Congress established the Space Force to improve the acquisition of resilient satellite and ground system architectures, encourage personnel retention, and emphasize the need to organize, train, and equip for a potential future conflict in the space domain;

(2) as the Space Force continues efforts to become fully operational, it should remain committed to building a “lean, agile, and fast” organization, as the Chief of Space Operations, General John W. Raymond, has often stated; and

(3) in areas in which legislative action is needed, including with respect to organizational structure and personnel requirements, the Secretary of the Air Force and the Chief of Space Operations should maintain consistent communication with Congress to ensure that the founding principle behind the establishment of the Space Force—to build a small organization responsive to a rapidly changing domain—is upheld.

(b) Implementation date for Service Acquisition Executive of the Department of the Air Force for Space Systems and Program.—

(1) IMPLEMENTATION DATE.—Section 957 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 9016 note) is amended—

(A) in subsection (a), by striking “Effective October 1, 2022, there shall be” and inserting “Effective on the date specified in subsection (d), there shall be”;

(B) in subsection (b)—

(i) in paragraph (1), by striking “Effective as of October 1, 2022,” and inserting “Effective as of the date specified in subsection (d)”; and

(ii) in paragraph (2), by striking “as of October 1, 2022,” and inserting “as of the date specified in subsection (d)”;

(D) by adding at the end the following new subsection:

“(d) Date specified.—The date specified in this subsection is a date determined by the Secretary of the Air Force that is not later than October 1, 2022.”.

(2) CONFORMING AMENDMENTS.—

(A) TRANSFER OF ACQUISITION PROJECTS FOR SPACE SYSTEMS AND PROGRAMS.—Section 956(b)(3) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 9016 note) is amended—

(i) by striking “Effective October 1, 2022,” and inserting “Effective on the date specified in section 957(d),”; and

(ii) by striking “as of September 30, 2022” and inserting “as of the day before the date specified in section 957(d)”.

(B) RESPONSIBILITIES OF ASSISTANT SECRETARY OF THE AIR FORCE FOR SPACE ACQUISITION AND INTEGRATION.—Section 9016(b)(6)(B)(vi) of title 10, United States Code, is amended by striking “Effective as of October 1, 2022, in accordance with section 957 of that Act,” and inserting “Effective as of the date specified in section 957(d) of such Act, and in accordance with such section 957,”.

(1) OFFICE OF THE SECRETARY OF THE AIR FORCE.—Section 9014(c) of title 10, United States Code, is amended—

(A) in paragraph (2), by striking “The Secretary of the Air Force shall” and inserting “Subject to paragraph (6), the Secretary of the Air Force shall”; and

(B) by inserting after paragraph (5) the following new paragraph:

“(6) Notwithstanding section 1702 of title 41, the Secretary of the Air Force may assign to the Assistant Secretary of the Air Force for Space Acquisition and Integration duties and authorities of the senior procurement executive that pertain to space systems and programs.”.

(2) ASSISTANT SECRETARIES OF THE AIR FORCE.—Section 9016(b)(6)(B)(vi) of title 10, United States Code, as amended by subsection (b)(2)(B) of this section, is further amended by inserting “and discharge any senior procurement executive duties and authorities assigned by the Secretary of the Air Force pursuant to section 9014(c)(6) of this title” after “Space Systems and Programs”.

SEC. 916. Report on establishment of office to oversee sanctions with respect to Chinese military companies.

(a) Report required.—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 on the feasibility of establishing an office within the Department of Defense to oversee sanctions with respect to Chinese military companies.

(b) Elements.—The report under subsection (a) shall include, at a minimum, the following:

(1) An explanation of where in the organizational structure of the Department such an office should be established.

(2) An assessment any benefits and drawbacks that may result from—

(A) establishing such an office; and

(B) making oversight of sanctions with respect to Chinese military companies an internal responsibility of the Department.

(c) Chinese military company defined.—In this section, the term “Chinese military company” has the meaning given that term in section 1260H(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

SEC. 917. Independent review of and report on the Unified Command Plan.

(a) Review required.—

(1) IN GENERAL.—The Secretary of Defense shall provide for an independent review of the current Unified Command Plan.

(2) ELEMENTS.—The review required by paragraph (1) shall include the following:

(A) An assessment of the most recent Unified Command Plan with respect to—

(i) current and anticipated threats;

(ii) deployment and mobilization of the Armed Forces; and

(iii) the most current versions of the National Defense Strategy and Joint Warfighting Concept.

(B) An evaluation of the missions, responsibilities, and associated force structure of each geographic and functional combatant command.

(D) Recommendations, if any, for alternative Unified Command Plan structures.

(E) Recommendations, if any, for how combatant command assessments of the capabilities and capacities required to conduct the routine and contingency operations assigned to such commands can more effectively drive military service modernization and procurement planning.

(F) Recommendations, if any, for modifications to sections 161 through 169 of title 10, United States Code.

(G) Any other matter the Secretary considers appropriate.

(3) CONDUCT OF REVIEW BY INDEPENDENT ENTITY.—

(A) IN GENERAL.—The Secretary shall—

(i) select an entity described in subparagraph (B) to conduct the review required by paragraph (1); and

(ii) ensure that the review is conducted independently of the Department of Defense.

(B) ENTITY DESCRIBED.—An entity described in this subparagraph is—

(i) a federally funded research and development center; or

(ii) an independent, nongovernmental institute that—

(I) is described in section 501(c)(3) of the Internal Revenue Code of 1986;

(II) is exempt from taxation under section 501(c) of that Code; and

(III) has recognized credentials and expertise in national security and military affairs.

(b) Report to Congress.—

(1) IN GENERAL.—Not later than October 1, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives the results of the review conducted under subsection (a).

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

subtitle C—Space National Guard

SEC. 921. Establishment of Space National Guard.

(a) Establishment.—

(1) IN GENERAL.—There is established a Space National Guard that is part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia—

(A) in which the Space Force operates; and

(B) active and inactive.

(2) RESERVE COMPONENT.—There is established a Space National Guard of the United States that is the reserve component of the United States Space Force all of whose members are members of the Space National Guard.

(b) Composition.—The Space National Guard shall be composed of the Space National Guard forces of the several States and Territories, Puerto Rico and the District of Columbia—

(1) in which the Space Force operates; and

(2) active and inactive.

SEC. 922. No effect on military installations.

Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to authorize or require the relocation of any facility, infrastructure, or military installation of the Space National Guard or Air National Guard.

SEC. 923. Implementation of Space National Guard.

(a) Requirement.—Except as specifically provided by this subtitle, the Secretary of the Air Force and Chief of the National Guard Bureau shall implement this subtitle, and the amendments made by this subtitle, not later than 18 months after the date of the enactment of this Act.

(b) Briefings.—Not later than 90 days after the date of the enactment of this Act, and annually for the five subsequent years, the Secretary of the Air Force, Chief of the Space Force and Chief of the National Guard Bureau shall jointly provide to the congressional defense committees a briefing on the status of the implementation of the Space National Guard pursuant to this subtitle and the amendments made by this subtitle. This briefing shall address the current missions, operations and activities, personnel requirements and status, and budget and funding requirements and status of the Space National Guard, and such other matters with respect to the implementation and operation of the Space National Guard as the Secretary and the Chiefs jointly determine appropriate to keep Congress fully and currently informed on the status of the implementation of the Space National Guard.

SEC. 924. Conforming amendments and clarification of authorities.

(a) Definitions.—

(1) TITLE 10, UNITED STATES CODE.—Title 10, United States Code, is amended—

(A) in section 101—

(i) in subsection (c)—

(I) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; and

(II) by inserting after paragraph (5) the following new paragraphs:

“(6) The term ‘Space National Guard’ means that part of the organized militia of the several States and territories, Puerto Rico, and the District Of Columbia, active and inactive, that—

“(A) is a space force;

“(B) is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution;

“(C) is organized, armed, and equipped wholly or partly at Federal expense; and

“(D) is federally recognized.

“(7) The term ‘Space National Guard of the United States’ means the reserve component of the Space Force all of whose members are members of the Space National Guard.”.

(B) in section 10101—

(i) in the matter preceding paragraph (1), by inserting “the following” before the colon; and

(ii) by adding at the end the following new paragraph:

“(8) The Space National Guard of the United States.”; and

(2) TITLE 32, UNITED STATES CODE.—Section 101 of title 32, United States Code is amended—

(A) by redesignating paragraphs (8) through (19) as paragraphs (10) and (21), respectively; and

(B) by inserting after paragraph (7) the following new paragraphs:

“(8) The term ‘Space National Guard’ means that part of the organized militia of the several States and territories, Puerto Rico, and the District Of Columbia, in which the Space Force operates, active and inactive, that—

“(A) is a space force;

“(B) is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution;

“(C) is organized, armed, and equipped wholly or partly at Federal expense; and

“(D) is federally recognized.

“(9) The term ‘Space National Guard of the United States’ means the reserve component of the Space Force all of whose members are members of the Space National Guard.”.

(b) Reserve components.—Chapter 1003 of title 10, United States Code, is amended—

(1) by adding at the end the following new sections:

“§ 10115. Space National Guard of the United States: composition

“The Space National Guard of the United States is the reserve component of the Space Force that consists of—

“(1) federally recognized units and organizations of the Space National Guard; and

“(2) members of the Space National Guard who are also Reserves of the Space Force.

“§ 10116. Space National Guard: when a component of the Space Force

“The Space National Guard while in the service of the United States is a component of the Space Force.

“§ 10117. Space National Guard of the United States: status when not in Federal service

“When not on active duty, members of the Space National Guard of the United States shall be administered, armed, equipped, and trained in their status as members of the Space National Guard.”; and

(2) in the table of sections at the beginning of such chapter, by adding at the end the following new items:

“10115. Space National Guard of the United States: composition.
“10116. Space National Guard: when a component of the Space Force.
“10117. Space National Guard of the United States: status when not in Federal service.”.

TITLE X—General Provisions

subtitle A—Financial Matters

SEC. 1001. General transfer authority.

(a) Authority to transfer authorizations.—

(1) AUTHORITY.—Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2022 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2) LIMITATION.—Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,500,000,000.

(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS.—A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).

(b) Limitations.—The authority provided by subsection (a) to transfer authorizations—

(1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

(2) may not be used to provide authority for an item that has been denied authorization by Congress.

(c) Effect on authorization amounts.—A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.

(d) Notice to congress.—The Secretary shall promptly notify Congress of each transfer made under subsection (a).

SEC. 1002. Determination of budgetary effects.

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, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

SEC. 1003. Budget justification for operation and maintenance.

(a) Subactivity group by future years.—Section 233 of title 10, United States Code, is amended—

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

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

(b) Budget submission display.—Section 233 of title 10, United States Code, is further amended by inserting after subsection (c), as added by subsection (a), the following new subsection:

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

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

“(2) The funds obligated by subactivity group within the operation and maintenance accounts for the second fiscal year preceding the budget year.

“(3) The funds estimated to be obligated by subactivity group within the operation and maintenance accounts for the fiscal year preceding the budget year.

“(4) The funds budgeted and programmed across the future years defense program within the operation and maintenance accounts by subactivity group.

“(5) A narrative discussing the performance of the Department against established material readiness objectives for each major weapon system by mission design series, variant, or class (and any related supply chain risks) and any specific actions or investments the Department intends to take to achieve the material readiness objectives for each such system.”.

(d) Conforming Repeal.—Section 357 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 221 note) is repealed.

subtitle B—Naval Vessels

SEC. 1011. Critical components of national sea-based deterrence vessels.

Section 2218a(k)(3) of title 10, United States Code, is amended by adding at the end the following new subparagraphs:

“(P) Major bulkheads and tanks.

“(Q) All major pumps and motors.

“(R) Large vertical array.

“(S) Atmosphere control equipment.

“(T) Diesel systems and components.

“(U) Hydraulic valves and components.

“(V) Bearings.

“(W) Major air and blow valves and components.

“(X) Decks and superstructure.

“(Y) Castings, forgings, and tank structure.

“(Z) Hatches and hull penetrators.”.

SEC. 1012. Biennial report on shipbuilder training and the defense industrial base.

(a) Technical correction.—The second section 8692 of title 10, United States Code, as added by section 1026 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is redesignated as section 8693 and the table of sections at the beginning of chapter 863 of such title is conformed accordingly.

(b) Modification of report.—Such section is further amended—

(1) by striking “Not later” and inserting “(a) In general.—Not later”;

(2) in subsection (a), as so redesignated, by adding at the end the following new paragraph:

“(7) An analysis of the potential benefits of multi-year procurement contracting for the stability of the shipbuilding defense industrial base.”; and

(3) by adding at the end the following new subsection:

“(b) Solicitation and analysis of information.—In order to carry out subsection (a)(2), the Secretary of the Navy and Secretary of Labor shall—

“(1) solicit information regarding the age demographics and occupational experience level from the private shipyards of the shipbuilding defense industrial base; and

“(2) analyze such information for findings relevant to carrying out subsection (a)(2), including findings related to the current and projected defense shipbuilding workforce, current and projected labor needs, and the readiness of the current and projected workforce to supply the proficiencies analyzed in subsection (a)(1).”.

SEC. 1013. Revision of sustainment key performance parameters for shipbuilding programs.

(a) In general.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall update the policy for the Joint Capabilities Integration and Development System to ensure that the guidance for setting sustainment key performance parameters for shipbuilding programs accounts for all factors that could affect the operational availability and materiel availability of a ship. Such changes shall include—

(1) changing the definition of “operational availability” as it applies to ships so that such definition applies according to mission area and includes all equipment failures that affect the ability of a ship to perform primary missions; and

(2) changing the definition of “materiel availability” as is it applies to ships so that such definition takes into account all factors that could result in a ship being unavailable for operations, including unplanned maintenance, unplanned losses, and training.

(b) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to congressional defense committees a report on the plan of the Secretary to—

(1) incorporate the sustainment key performance parameters revised under subsection (a) into the requirement documents of new and ongoing shipbuilding programs; and

(2) establish a process for translating such sustainment key performance parameters into specific contract requirements for systems engineering and ship design.

(c) Comptroller general review.—Not later than one year after the Secretary of Defense submits the report required under subsection (b), the Comptroller General of the United States shall submit to the congressional defense committees an assessment of such report that includes an evaluation of—

(1) the sustainment key performance parameters for Department of Defense shipbuilding programs;

(2) how shipbuilding programs translate sustainment key performance parameters into contract requirements for systems engineering and ship design activities; and

(3) any other matter the Comptroller General determines appropriate.

SEC. 1014. Prohibition on use of funds for retirement of Mark VI patrol boats.

(a) Prohibition.—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 retire, prepare to retire, or place in storage any Mark VI patrol boat.

(b) Report.—Not later than February 15, 2022, the Secretary of the Navy, in consultation with the Commandant of the Marine Corps, shall submit to the congressional defense committees a report that includes each of the following:

(1) The rationale for the retirement of existing Mark VI patrol boats, including an operational analysis of the effect of such retirements on the warfighting requirements of the combatant commanders.

(2) A review of operating concepts for escorting high value units without the Mark VI patrol boat.

(3) A description of the manner and concept of operations in which the Marine Corps could use the Mark VI patrol boat to support distributed maritime operations, advanced expeditionary basing operations, and persistent presence near maritime choke points and strategic littorals in the Indo-Pacific region.

(4) An assessment of the potential for modification, and the associated costs, of the Mark VI patrol boat for the inclusion of loitering munitions or anti-ship cruise missiles, such as the Long Range Anti Ship Missile and the Naval Strike Missile, particularly to support the concept of operations described in paragraph (3).

(5) A description of resources required for the Marine Corps to possess, man, train, and maintain the Mark VI patrol boat in the performance of the concept of operations described in paragraph (3) and modifications described in paragraph (4).

(6) At the discretion of the Commandant of the Marine Corps, a plan for the Marine Corps to take possession of the Mark VI patrol boat not later than September 30, 2022.

(7) Such other matters the Secretary determines appropriate.

SEC. 1015. Assessment of security of global maritime chokepoints.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the security of global maritime chokepoints from the threat of hostile kinetic attacks, cyber disruptions, and other form of sabotage. The report shall include an assessment of each of the following with respect to each global maritime chokepoint covered by the report:

(1) The expected length of time and resources required for operations to resume at the chokepoint in the event of attack, sabotage, or other disruption of regular maritime operations.

(2) The security of any secondary chokepoint that could be affected by a disruption at the global maritime chokepoint.

(3) Options to mitigate any vulnerabilities resulting from a hostile kinetic attack, cyber disruption, or other form of sabotage at the chokepoint.

(b) Form of report.—The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

(1) The Panama Canal.

(2) The Suez Canal.

(3) The Strait of Malacca.

(4) The Strait of Hormuz.

(5) Any other chokepoint determined appropriate by the Secretary.

SEC. 1016. Annual report on ship maintenance.

(a) In general.—Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 8694. Annual report on ship maintenance

“(a) Report required.—Not later than October 15 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth each of the following:

“(1) A description of all ship maintenance planned for the fiscal year during which the report is submitted, by hull.

“(2) The estimated cost of the maintenance described in paragraph (1).

“(3) A summary of all ship maintenance conducted by the Secretary during the previous fiscal year.

“(4) A detailed description of any ship maintenance that was deferred during the previous fiscal year, including specific reasons for the delay or cancellation of any availability.

“(5) A detailed description of the effect of each of the planned ship maintenance actions that were delayed or cancelled during the previous fiscal year, including—

“(A) a summary of the effects on the costs and schedule for each delay or cancellation; and

“(B) the accrued operational and fiscal cost of all the deferments over the fiscal year.

“(b) Form of report.— Each report submitted under subsection (a) shall submitted in unclassified form and made publicly available on an appropriate internet website in a searchable format, but may contain a classified annex.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new section:

“8694. Annual report on ship maintenance.”.

SEC. 1017. Availability of funds for retirement or inactivation of Ticonderoga class cruisers.

(a) Limitation on availability of funds.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to retire, prepare to retire, inactivate, or place in storage a cruiser.

(b) Exception.—Notwithstanding subsection (a), the funds referred to in such subsection may be obligated or expended to retire any of the following vessels:

(1) The USS Hue City (CG 66).

(2) The USS Vela Gulf (CG72).

(3) The USS Port Royal (CG 73).

(4) USS Anzio (CG 68).

subtitle C—Counterterrorism

SEC. 1021. Inclusion in counterterrorism briefings of information on use of military force in collective self-defense.

Section 485(b) of title 10, United States Code, is amended—

(1) by redesignating paragraph (4) as paragraph (5); and

(2) by inserting after paragraph (3) the following new paragraph (4):

“(4) A detailed overview of all instances of the use of military force by Special Operations Forces under the notion of the collective self-defense of foreign partners that includes, for each such instance—

“(A) the date, location, and duration of the use of military force;

“(B) an identification of any foreign forces involved;

“(C) a description of the capabilities employed;

“(D) a description of the circumstances that led to use of military force; and

“(E) the operational authorities or execute orders for the instance.”.

SEC. 1022. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.

Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 271 note) is amended by striking “2022” and inserting “2024”.

SEC. 1023. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.

No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2022, to transfer, release, or assist in the transfer or release of any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of any country, or any entity within such country, as follows:

(1) Libya.

(2) Somalia.

(3) Syria.

(4) Yemen.

subtitle D—Miscellaneous Authorities and Limitations

SEC. 1031. Navy coordination with Coast Guard on aircraft, weapons, tactics, technique, organization, and equipment of joint concern.

Section 8062(d) of title 10, United States Code, is amended by inserting “the Coast Guard,” after “the Air Force,”.

SEC. 1032. Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus.

(a) In general.—Section 1385 of title 18, United States Code, is amended—

(1) by striking “or” after “Army” and inserting “, the Navy, the Marine Corps,”;

(2) by inserting “, or the Space Force” after “Air Force”; and

(3) in the section heading, by striking “Army and Air Force” and inserting “Army, Navy, Marine Corps, Air Force, and Space Force”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 67 of such title is amended by striking the item relating to section 1385 and inserting the following new item:

“1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus”.

SEC. 1033. Program to improve relations between members of the Armed Forces and military communities.

(a) In general.—Chapter 23 of title 10, United States Code, is amended by inserting after section 481a the following new section:

“§ 481b. Program to improve relations between members of the Armed Forces and military communities

“(a) Survey.— (1) The Secretary of Defense, acting through the Office of Diversity Management and Equal Opportunity, shall conduct a biennial survey of covered individuals regarding relations between covered individuals and covered communities.

“(2) The survey shall be conducted to solicit information from covered individuals regarding the following:

“(A) Rank, age, racial, ethnic, and gender demographics of the covered individuals.

“(B) Relationships of covered individuals with the covered community. including support services and acceptance of the military community.

“(C) Availability of housing, employment opportunities for military spouses, health care, education, and other relevant issues.

“(D) Initiatives of local government and community organizations in addressing diversity, equity, and inclusion.

“(E) Physical safety while in a covered community but outside the military installation located in such covered community.

“(F) Any other matters designated by the Secretary of Defense.

“(b) Additional activities.—Additional activities under this section may include the following:

“(1) Facilitating local listening sessions and information exchanges.

“(2) Developing educational campaigns.

“(3) Supplementing existing local and national defense community programs.

“(4) Sharing best practices and activities.

“(c) Coordination.—To support activities under this section, the Secretary of Defense may coordinate with local governments or not-for-profit organizations that represent covered individuals.

“(d) Report.— (1) Not later than September 30 of every other year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the most recent survey under subsection (a).

“(2) Each report under paragraph (1) shall include—

“(A) with respect to each covered community—

“(i) the results of the survey required under subsection (b); and

“(ii) activities conducted to address racial inequity in the community;

“(B) aggregate results of the survey required under subsection (b); and

“(C) best practices for creating positive relationships between covered individuals and covered communities.

“(3) The Secretary of Defense shall—

“(A) designate ten geographically diverse military installations for review in each survey;

“(B) make the results of each report under paragraph (1) available on a publicly accessible website of the Department of Defense; and

“(C) ensure that any data included with the report is made available in a machine-readable format that is downloadable, searchable, and sortable.

“(e) Definitions.—In this section:

“(1) The term ‘covered community’ means a military installation designated under subsection (e)(3)(A) and the area within 10 miles of such military installation.

“(2) The term ‘covered individual’ means any of the following who lives in a covered community or works on a military installation in a covered community:

“(A) A member of the armed forces.

“(B) A family member of an individual described in subparagraph (A) or (B).

“(3) The term ‘military installation’ has the meaning given such term in section 2801 of this title.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 481a the following new item:

“481b. Program to improve relations between members of the Armed Forces and military communities.”.

(c) Implementation.—The Secretary of Defense shall carry out the first survey under section 481b(a) of such title, as added by subsection (a), not later than one year after the date of the enactment of this Act.

SEC. 1034. Authority to provide space and services to military welfare societies.

Section 2566 of title 10, United States Code is amended—

(1) in subsection (a), by striking “of a military department” and inserting “concerned”; and

(2) in subsection (b)(1), by adding at the end the following new subparagraph:

“(D) The Coast Guard Mutual Assistance.”.

SEC. 1035. Required revision of Department of Defense unmanned aircraft systems categorization.

(a) In general.—The Under Secretary of Defense for Acquisition and Sustainment shall initiate a process to review and revise the system used by the Department of Defense for categorizing unmanned aircraft systems, as described in Joint Publication 3–30 titled “Joint Air Operations”.

(b) Required elements for revision.—In revising the characteristics associated with any of the five categories of unmanned aircraft systems in effect as of the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall consider the effect a revision would have on—

(1) the future capability and employment needs to support current and emerging warfighting concepts;

(2) advanced systems and technologies available in the current commercial marketplace;

(3) the rapid fielding of unmanned aircraft systems technology; and

(4) the integration of unmanned aircraft systems into the National Airspace System.

(c) Consultation requirements.—In carrying out the review required under subsection (a), the Under Secretary of Defense for Acquisition and Sustainment shall consult with—

(1) the Secretaries of the Military Departments;

(2) the Chairman of the Joint Chiefs of Staff; and

(3) the Administrator of the Federal Aviation Administration.

(d) Report required.—Not later than March 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report describing the results of the review initiated under subsection (a), any revisions planned to the system used by the Department of Defense for categorizing unmanned aircraft systems as a result of such review, and a proposed implementation plan and timelines for such revisions.

SEC. 1036. Limitation on funding for information operations matters.

Of the amounts authorized to be appropriated for fiscal year 2022 by section 301 for operation and maintenance and available for the Office of the Secretary of Defense for the travel of persons as specified in the table in section 4301—

(1) not more than 25 percent shall be available until the date on which the report required by subsection (h)(1) of section 1631 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is submitted to the Committee on Armed Services of the Senate and the Committee on Armed Services House of Representatives; and

(2) not more than 75 percent shall be available until the date on which the strategy and posture review required by subsection (g) of such section is submitted to such committees.

SEC. 1037. Prohibition on provision of equipment to other departments and agencies for protection of certain facilities and assets from unmanned aircraft.

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense, may be obligated or expended to acquire, loan, transfer, sell, or otherwise provide equipment to a department or Federal agency for use by such department or agency in exercising authorities or taking actions pursuant to section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n).

SEC. 1038. Limitation on use of funds for United States Space Command headquarters.

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to construct, plan, or design a new headquarters building for United States Space Command until the Inspector General of the Department of the Defense and the Comptroller General of the United States complete site selection reviews for such building.

subtitle E—Studies and Reports

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

Section 119a of title 10, United States Code, is amended by adding at the end the following new subsection:

“(g) Congressional notification requirements.—

“(1) NOTICE OF INITIATION.—Not later than 30 days after receiving notice of the establishment of any new program to be managed under alternative compensatory control measures, the Under Secretary of Defense for Policy shall submit to the congressional defense committees notice of such new program. Such notice shall include—

“(A) the unclassified nickname assigned to the program;

“(B) the designation of the program sponsor;

“(C) a description of the essential information to be protected under the program; and

“(D) the effective activation date and expected duration of the program.

“(2) NOTICE OF TERMINATION.—Not later than 30 days after receiving notice of the termination of any program managed under alternative compensatory control measures, the Under Secretary of Defense for Policy shall submit to the congressional defense committees notice of such termination.

“(3) ANNUAL REPORTS.—Not later than 30 days after receiving an annual report on any program managed under alternative compensatory control measures, the Under Secretary of Defense for Policy shall submit to the congressional defense committees a copy of the report.”.

SEC. 1042. Comparative testing reports for certain aircraft.

(a) Modification of limitation.—Section 134(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2037) is amended by striking “the report under subsection (e)(2)” and inserting “a report that includes the information described in subsection (e)(2)(C)”.

(b) Comparative testing reports required.—

(1) REPORT FROM DIRECTOR OF OPERATIONAL TEST AND EVALUATION.—Not later than 45 days after the date of the enactment of this Act, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that includes the information described in section 134(e)(1)(B) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2038).

(2) REPORT FROM SECRETARY OF THE AIR FORCE.—Not later than 45 days after the date of the submission of the report under paragraph (1), the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the information described in section 134(e)(2)(C) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2038).

SEC. 1043. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security And Department Of Defense.

Section 1014 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended by striking “December 31, 2022” and inserting “December 31, 2023”.

SEC. 1044. Continuation of certain Department of Defense reporting requirements.

Section 1061 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 111 note) is amended—

(1) in subsection (b)(2), by adding at the end the following new subparagraphs:

“(E) The submission of the report required under section 14 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-5).

“(F) The submission of the report required under section 2504 of title 10, United States Code.”;

(2) in subsection (c), by striking paragraph (47); and

(3) in subsection (i), by striking paragraph (30).

SEC. 1045. Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan.

(a) In general.—Not later than March 31, 2022, each commander of a geographic combatant command shall submit to the congressional defense committees a report containing an assessment of the level of operational risk to that command posed by the plan of the Air Force to modernize and restructure airborne intelligence, surveillance, and reconnaissance capabilities to meet near-, mid-, and far-term contingency and steady-state operational requirements against adversaries in support of the objectives of the 2018 national defense strategy.

(b) Plan assessed.—The plan of the Air Force referred to in subsection (a) is the plan required under section 142 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

(c) Assessment of risk.—In assessing levels of operational risk for purposes of subsection (a), a commander shall use the military risk matrix of the Chairman of the Joint Chiefs of Staff, as described in CJCS Instruction 3401.01E.

(d) Geographic combatant command.—In this section, the term “geographic combatant command” means each of the following:

(1) United States European Command.

(2) United States Indo-Pacific Command.

(3) United States Africa Command.

(4) United States Southern Command.

(5) United States Northern Command.

(6) United States Central Command.

SEC. 1046. Biennial assessments of Air Force Test Center.

Not later than 30 days after the date on which the President's budget is submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2023, 2025, and 2027, the Secretary of the Air Force shall submit to the congressional defense committees an assessment of the Air Force Test Center. Each such assessment shall include, for the period covered by the assessment, a description of—

(1) any challenges of the Air Force Test Center with respect to completing its mission; and

(2) the plan of the Secretary to address such challenges.

SEC. 1047. Comparative study on .338 Norma Magnum platform.

(a) Study required.—Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall complete a comparative study on the .338 Norma Magnum platform.

(b) Elements.—The study required by subsection (a) shall include a comparative analysis between the current M2 .50 caliber, the M240 7.62, and the .338 Norma Magnum, focused on the metrics of lethality, weight, cost, and modernity of the platforms.

SEC. 1048. Comptroller General report on aging Department of Defense equipment.

Not later than March 1, 2022, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on legacy platforms within the Department of Defense and the projected relevance and resiliency of such platforms to emerging threats over the next 50 years. Such report shall include—

(1) the results of a survey of all services, agencies, and entities within the Department of Defense, including hardware, weapons systems, basing, and force structure;

(2) an emphasis on agility, technology, and an expanded forward footprint; and

(3) recommendations with respect to future force structure and investment.

SEC. 1049. Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations.

(a) Report required.—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 that includes a detailed description of each of the following:

(1) The doctrine, organization, training, materiel, leadership and education, personnel, and facilities required to operate and maintain a force of 24 to 35 Light Amphibious Warships, as well as the feasibility of accelerating the current Light Amphibius Warship procurement plan and delivery schedule.

(2) The specific number, type, and mix of manned and unmanned strategic mobility wing-in-ground effect platforms required to support distributed maritime operations and expeditionary advanced base operations.

(3) The feasibility of the Navy and Marine Littoral Regiments using other joint and interagency mobility platforms prior to the operational availability of Light Amphibious Warships or wing-in-ground effect platforms, including—

(A) United States Army Transportation Command’s more than 100 LCU-2000, Runnymede-class and the eight General Frank S. Besson-class logistics support vessels;

(B) commercial vessel options, currently available, that meet Marine Littoral Regiment requirements for movement, maneuver, sustainment, training, interoperability, and cargo capacity and delivery;

(D) Coast Guard vessels.

(4) The specific number, type, and mix of long range unmanned surface vessel platforms required to support distributed maritime operations, expeditionary advanced base operations, along with their operational interaction with the fleet’s warfighting capabilities;

(5) The feasibility of integrating Marine Littoral Regiments with—

(A) Special Operations activities;

(B) joint and interagency planning;

(D) command, control, communications, computer, intelligence, surveillance and reconnaissance, and security cooperation activities.

(6) The projected cost, and any additional resources required, to accelerate the operational deployment of Marine Littoral Regiments and deliver the capabilities described in paragraphs (1) through (5) by not later than three years after the date of the enactment of this Act.

(b) Form of report.—The report required by subsection (a) shall be submitted in a publicly accessible, unclassified form, but may contain a classified annex.

SEC. 1050. Force posture in the Indo-Pacific region.

(a) Sense of congress.—It is the Sense of Congress that—

(1) forward deployed military forces, particularly those west of the International Date Line, play an indispensable role in deterring aggression in the Indo-Pacific and reassuring allies;

(2) forward deployed forces facilitate greater day to day presence in contested seas and airspace; and

(3) in light of growing threats, the Department of Defense should forward deploy a larger share of its forces to the Indo-Pacific over the next five years.

(b) Assessment required.—Not later than 180 days after the date of the enactment of this Act, the Commander of United States Indo-Pacific Command shall submit to the congressional defense committees a report containing the independent assessment of the Commander with respect to each of the following:

(1) The number of bombers required to be continually present in the Indo-Pacific region, the number of bombers required outside Indo-Pacific region, and the number of tankers necessary to support bomber refueling sorties in order to execute the operational and contingency plans assigned to the Commander of Indo-Pacific Command.

(2) The operational, deterrent, and strategic effect if the required number of bombers were not present in the Indo-Pacific region during a conflict scenario.

(3) Any additional infrastructure required in Guam or other Indo-Pacific locations to support the operationally required level of continuous bomber presence, along with the associated cost.

(4) The value of storing long range anti-ship missiles, joint air-to-surface standoff missile-extended range, and other long range strike weapons in Guam and other locations in the Indo-Pacific.

(c) Report required.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Commander of United States Indo-Pacific Command shall submit to the congressional defense committees a report that includes the following information:

(1) The number of freedom of navigation operations conducted in the Indo-Pacific each year since 2013.

(2) The number of bombers continuously present in the Indo-Pacific each year since 2013.

(3) The number of ships, bombers, fighters, Marines, and brigade combat teams deployed to the Indo-Pacific region during the eight-year period preceding the year in which the report is submitted.

(4) The number of ships, bombers, fighters, Marines, and brigade combat teams deployed to the Indo-Pacific region but tasked to other combatant commands, including the number of days each such tasking lasted, during the eight-year period preceding the year in which the report is submitted.

SEC. 1051. Assessment of United States military infrastructure in Diego Garcia, British Indian Ocean Territory.

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 containing the independent assessment of the Secretary with respect to each of the following:

(1) The manner in which Diego Garcia, British Indian Ocean Territory, could contribute to the execution of the operational and contingency plans of the Department of Defense, as well as the peacetime forward posture of the Department.

(2) The operational benefits of hardening facilities on Diego Garcia, including the installation of an Integrated Air and Missile Defense system.

(3) The operational benefits of storing munitions on Diego Garcia.

(4) Potential tradeoffs and costs associated with hardening facilities or prepositioning munitions on Diego Garcia.

(5) Any additional infrastructure required in Diego Garcia to better support the requirements of the combatant commands.

(6) The potential to collaborate with the governments of allies of the United States to invest in the military infrastructure on Diego Garcia.

SEC. 1052. Report on 2019 World Military Games.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the participation of the United States in the 2019 World Military Games. Such report shall include a detailed description of each of the following:

(1) The number of United States athletes and staff who attended the 2019 World Military Games and became ill with COVID-19-like symptoms during or shortly upon their return to the United States.

(2) The results of any blood testing conducted on athletes and staff returning from the 2019 World Military Games, including whether those blood samples were subsequently tested for COVID-19.

(3) The number of home station Department of Defense facilities of the athletes and staff who participated in the 2019 World Military Games that experienced outbreaks of illnesses consistent with COVID-19 symptoms upon the return of members of the Armed Forces from Wuhan, China.

(4) The number of Department of Defense facilities visited by team members after returning from Wuhan, China, that experienced COVID-19 outbreaks during the first quarter of 2020, including in relation to the share of other Department of Defense facilities that experienced COVID-19 outbreaks through March 31, 2020.

(5) Whether the Department tested members of the Armed Forces who traveled to Wuhan, China, for the World Military Games for COVID-19 antibodies, and what portion, if any, of those results were positive, and when suchtesting was conducted.

(6) Whether there are, or have been, any investigations, including under the auspices of an Inspector General, across the Department of Defense or the military departments into possible connections between United States athletes who traveled to Wuhan, China, and the outbreak of COVID-19.

(7) Whether the Department has engaged with the militaries of allied or partner countries about illnesses surrounding the 2019 World Military Games, and if so, how many participating militaries have indicated to the Department that their athletes or staff may have contracted COVID-19-like symptoms during or immediately after the Games.

(b) Form of report.—The report required under this section shall submitted in unclassified form and made publicly available on an internet website in a searchable format, but may contain a classified annex.

SEC. 1053. Reports and briefings regarding oversight of Afghanistan.

(a) Reports.—Not later than December 31, 2021, and annually thereafter until December 31, 2026, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the appropriate congressional committees a report on Afghanistan. Such report shall address, with respect to Afghanistan, the following matters:

(1) A current assessment of over the horizon capabilities of the United States.

(2) Concept of force with respect to the over the horizon force of the United States.

(3) The size of such over the horizon force.

(4) The location of such over the horizon force, to include the current locations of the forces and any plans to adjust such locations.

(5) The chain of command for such over the horizon force.

(6) The launch criteria for such over the horizon force.

(7) Any plans to expand or adjust such over the horizon force capabilities in the future, to account for evolving terrorist threats in Afghanistan.

(8) An assessment of the terrorist threat in Afghanistan.

(9) An assessment of the quantity and types of U.S. military equipment remaining in Afghanistan, including an indication of whether the Secretary plans to leave, recover, or destroy such equipment.

(10) Contingency plans for the retrieval or hostage rescue of United States citizens located in Afghanistan.

(11) Contingency plans related to the continued evacuation of Afghans who hold special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) or who have filed a petition for such status, following the withdraw of the United States Armed Forces from Afghanistan.

(12) A concept of logistics support to support the over the horizon force of the United States, including all basing and transportation plans.

(13) An assessment of changes in the ability of al-Qaeda and ISIS-K to conduct operations outside of Afghanistan against the United States and U.S. allies.

(14) An intelligence collection posture of over the horizon intelligence assets, including with respect to ground and air assets, and the effect of such assets on current operations.

(15) An intelligence collection posture on the Taliban defense and security forces.

(16) An intelligence collection posture on the terrorism capabilities of the Taliban, al-Qaeda, and ISIS-K.

(17) The status of any military cooperation between the Taliban and China, Russia, or Iran.

(18) Any other matters the Secretary determines appropriate.

(b) Briefings.—Not later than December 31, 2021, and on bi-annual basis thereafter until December 31, 2026, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the matters specified in subsection (a).

(c) Form.—The reports and briefings under this section may be submitted in either unclassified or classified form, as determined appropriate by the Secretary.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives; and

(2) the Committee on Armed Services and the Select Committee on Intelligence of the Senate.

SEC. 1054. Report and briefing on United States equipment, property, and classified material that was destroyed, surrendered, and abandoned in the withdrawal from Afghanistan.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the Commander of United States Central Command, shall submit to the congressional defense committees a report regarding the covered United States equipment, property, and classified material that was destroyed, surrendered, or abandoned in Afghanistan during the covered period. Such report shall include each of the following:

(1) A determination of the value of the covered United States equipment, property, and classified material that was destroyed, surrendered, or abandoned, disaggregated by military department and itemized to the most specific feasible level.

(2) An itemized list of destroyed, surrendered, or abandoned aircraft, aircraft parts and supply, and aircraft maintenance items, including aircraft, aircraft parts and supply, and aircraft maintenance items formerly possessed by the Afghan Air Force or the former government of Afghanistan.

(3) An itemized list of destroyed, surrendered, or abandoned fuel and fuel dispensing equipment, disaggregated by military department.

(4) An itemized list of destroyed, surrendered, or abandoned weapons, weapon systems, components of weapons or weapon systems, ammunition, explosives, missiles, ordnance, bombs, mines, or projectiles, disaggregated by military department.

(5) For each item on a list referred to in paragraphs (2) through (4), an explanation of the legal authority relied upon to destroy, surrender, or abandon that specific item.

(6) An evaluation of the capabilities of the Taliban post-withdrawal as a result of their seizure of surrendered or abandoned covered United States equipment, property, and classified material.

(7) An assessment of the damage to the national security interests of the United States as a result of the destroyed, surrendered, or abandoned covered United States equipment, property, and classified material.

(8) An assessment of the feasibility of disabling, destroying, or recapturing surrendered or abandoned covered United States equipment, property, or classified material.

(9) Available imagery or photography depicting the Taliban possessing surrendered or abandoned covered United States equipment, property, or classified material.

(b) Executive summary of report.—The report required under subsection (a) shall include an executive summary of the report, which shall be unclassified and made publicly available.

(c) Briefing.—Not later than 200 days after the date of the enactment of this Act, the Secretary of Defense, the Secretaries of the military departments, and the Commander of United States Central Command shall provide to the congressional defense committees a briefing on the report required by this section.

(d) Definitions.—In this section:

(1) The term “covered United States equipment, property, and classified material” means any of the following items formerly owned by the Government of the United States or provided by the United States to the former government or military of Afghanistan during the covered period:

(A) Real property, including any lands, buildings, structures, utilities systems, improvements, and appurtenances, thereto, including equipment attached to and made part of buildings and structures, but not movable equipment.

(B) Personal property, including property of any kind or any interest therein, except real property.

(D) Classified information, in any form, including official information that has been determined to require, in the interests of national security, protection against unauthorized disclosure and which has been so designated.

(2) The term “covered period” means the period beginning on February 29, 2020, and ending on the date that is 120 days after the date of the enactment of this Act.

SEC. 1055. Report on defense utility of United States territories and possessions.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit a to the congressional defense committees a report that includes—

(1) a detailed description of the manner in which United States territories and possessions in the Pacific could contribute to the execution of the operational and contingency plans of the Department of Defense, as well as the peacetime forward posture of the Department;

(2) an assessment of the required resources associated with environmental restoration and military construction on United States territories and possessions in the Pacific in order to facilitate the presence of United States military forces;

(3) a description of the additional logistical requirements or considerations associated with the requirements of paragraph (2); and

(4) any other matters the Secretary of Defense, in coordination with the Commander of the United States Indo-Pacific Command, considers appropriate.

(b) Form.—The report described in subsection (a) shall be submitted in unclassified form that can be made available to the public, but may include a classified annex.

SEC. 1056. Report on Coast Guard explosive ordnance disposal.

(a) In general.—Not later than February 15, 2023, the Secretary of Homeland Security shall submit to Congress a report on the viability of establishing an explosive ordnance disposal program in the Coast Guard.

(b) Contents.—The report required under subsection (a) shall contain, at a minimum, the following:

(1) Organization of explosive ordnance disposal elements within the Coast Guard, with discussion on whether the Coast Guard explosive ordnance disposal capability belongs in the Maritime Safety and Security Teams, the Maritime Security Response Team, a combination of the Maritime Safety and Security Teams and the Maritime Security Response Teams, or elsewhere in the Coast Guard,

(2) A description of vehicles, that are Coast Guard airframe and vessel transportable, required for explosive ordnance disposal elements.

(3) A description of dive craft, that are Coast Guard airframe and vessel transportable, required for explosive ordnance disposal elements.

(4) Locations of Coast Guard stations that portable explosives storage magazines will be available for explosive ordnance disposal elements.

(5) Identify Coast Guard stations that will have pre-positioned explosive ordnance disposal elements equipment.

(6) An explanation of how the Coast Guard explosive ordnance disposal elements will support the Department of Homeland Security and Department of Justice, and the Department of Defense in war-time, on mission sets to counter improvised explosive device, counter unexploded ordnance, and combat weapons of destruction, including award of the Presidential Service Badge and Certificate to explosive ordnance disposal-qualified Coast Guardsman for protection of the President of the United States, and how the Coast Guard explosive ordnance disposal elements will support national security special events.

(7) A cost to benefit analysis of using the Army, Marine Corps, Navy, or Air Force Scuba Diver course prior to Coast Guardsman attending the Navy conducted explosive ordnance disposal course, and the required initial and annual sustainment training seats for the diver course, the explosive ordnance disposal course, and the parachutist course (through the Army, Marine, Navy, and Air Force).

(8) An identification of the career progression of Coast Guardsman from Seaman Recruit to that of Command Master Chief Petty Officer, Chief Warrant Officer 2 to that of Chief Warrant Officer 4, and Ensign to that of Rear Admiral.

(9) An identification of initial and annual budget justification estimates on a single program element of the Coast Guard explosive ordnance disposal program for each of—

(A) civilian and military pay with details on military pay, including special and incentive pays such as—

(i) officer responsibility pay;

(ii) officer SCUBA diving duty pay;

(iii) officer demolition hazardous duty pay;

(iv) enlisted SCUBA diving duty pay;

(v) enlisted demolition hazardous duty pay;

(vi) enlisted special duty assignment pay at level special duty-5;

(vii) enlisted assignment incentive pays;

(viii) enlistment and reenlistment bonuses;

(ix) officer and enlisted full civilian clothing allowances;

(x) exception to policy allowing a third hazardous duty pay for explosive ordnance disposal-qualified officers and enlisted; and

(xi) parachutist hazardous duty pay;

(B) research, development, test, and evaluation;

(D) other transaction agreements;

(E) operations and maintenance;

(F) military construction; and

(G) overseas contingency operations.

SEC. 1057. Independent assessment with respect to the Arctic region.

(a) In general.—Not later than February 15, 2022, the Commander of the United States Northern Command, in consultation and coordination with United States European Command and United States Indo-Pacific Command, the military services, and defense agencies, shall conduct an independent assessment with respect to the activities and resources required, for fiscal years 2023 through 2027, to achieve the following objectives:

(1) The implementation of the National Defense Strategy and military service-specific strategies with respect to the Arctic region.

(2) The maintenance or restoration of the comparative military advantage of the United States in response to great power competitors in the Arctic region.

(3) The reduction of the risk of executing operation and contingency plans of the Department of Defense.

(4) To maximize execution of Department operation and contingency plans, in the event deterrence fails.

(b) Elements.—The assessment required by paragraph (1) shall include the following:

(1) An analysis of, and recommended changes to achieve, the required force structure and posture of assigned and allocated forces within the Arctic region for fiscal year 2027 necessary to achieve the objectives described in paragraph (1), which shall be informed by—

(A) a review of United States military requirements based on operation and contingency plans, capabilities of potential adversaries, assessed gaps or shortfalls of the joint force within the Arctic region, and scenarios that consider—

(i) potential contingencies that commence in the Arctic region and contingencies that commence in other regions but affect the Arctic region;

(ii) use of near-, mid-, and far-time horizons to encompass the range of circumstances required to test new concepts and doctrine; and

(iii) supporting analyses that focus on the number of regionally postured military units and the quality of capability of such units;

(B) a review of current United States military force posture and deployment plans within the Arctic region, especially of Arctic-based forces that provide support to, or receive support from, the United States Northern Command, the United States Indo-Pacific Command, or the United States European Command;

(C) an analysis of potential future realignments of United States forces in the region, including options for strengthening United States presence, access, readiness, training, exercises, logistics, and pre-positioning; and

(D) any other matter the Commander determines to be appropriate.

(2) A discussion of any factor that may influence the United States posture, supported by annual wargames and other forms of research and analysis.

(3) An assessment of capabilities requirements to achieve such objectives.

(4) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives.

(5) An assessment and identification of required infrastructure and military construction investments to achieve such objectives.

(6) An assessment and recommended changes to the leadership, organization, and management of Arctic policy, strategy, and operations among the combatant commands and military services.

(1) IN GENERAL.—Not later than February 15, 2022, the Commander of the United States Northern Command, in consultation and coordination with United States European Command and United States Indo-Pacific Command, shall submit to the congressional defense committees a report on the assessment required by paragraph (1).

(2) FORM.—The report required by subparagraph (A) may be submitted in classified form, but shall include an unclassified summary.

(3) AVAILABILITY.—Not later than February 15, 2022, the Commander of United States Northern Command shall make the report available to the Secretary of Defense, the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), the Director of Cost Assessment and Program Evaluation, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the chiefs of staff of each military service.

SEC. 1058. Annual report and briefing on Global Force Management Allocation Plan.

(a) In general.—Not later than October 31, 2022, and annually thereafter through 2024, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a classified report and a classified briefing on the Global Force Management Allocation Plan and its implementation.

(b) Report.—Each report required by subsection (a) shall include a summary describing the Global Force Management Allocation Plan being implemented as of October 1 of the year in which the report is provided.

(1) A summary of the major modifications to global force allocation made during the preceding fiscal year that deviated from the Global Force Management Allocation Plan for that fiscal year as a result of a shift in strategic priorities, requests for forces, or other contingencies, and an explanation for such modifications.

(2) A description of the major differences between the Global Force Management Allocation Plan for the current fiscal year and the Global Force Management Allocation Plan for the preceding fiscal year.

(3) A description of any difference between the actual global allocation of forces, as of October 1 of the year in which the briefing is provided, and the forces stipulated in the Global Force Management Allocation Plan being implemented on that date.

subtitle F—District of Columbia National Guard Home Rule

SEC. 1066. Short title.

This subtitle may be cited as the “District of Columbia National Guard Home Rule Act”.

SEC. 1067. Extension of National Guard authorities to Mayor of the District of Columbia.

(a) Mayor as Commander-in-Chief.—Section 6 of the Act entitled “An Act to provide for the organization of the militia of the District of Columbia, and for other purposes”, approved March 1, 1889 (sec. 49–409, D.C. Official Code), is amended by striking “President of the United States” and inserting “Mayor of the District of Columbia”.

(b) Reserve corps.—Section 72 of such Act (sec. 49–407, D.C. Official Code) is amended by striking “President of the United States” each place it appears and inserting “Mayor of the District of Columbia”.

(A) by striking “President of the United States” and inserting “Mayor of the District of Columbia”; and

(B) by striking “President.” and inserting “Mayor.”.

(2) Section 9 of such Act (sec. 49–304, D.C. Official Code) is amended by striking “President” and inserting “Mayor of the District of Columbia”.

(3) Section 13 of such Act (sec. 49–305, D.C. Official Code) is amended by striking “President of the United States” and inserting “Mayor of the District of Columbia”.

(4) Section 19 of such Act (sec. 49–311, D.C. Official Code) is amended—

(A) in subsection (a), by striking “to the Secretary of the Army” and all that follows through “which board” and inserting “to a board of examination appointed by the Commanding General, which”; and

(B) in subsection (b), by striking “the Secretary of the Army” and all that follows through the period and inserting “the Mayor of the District of Columbia, together with any recommendations of the Commanding General.”.

(5) Section 20 of such Act (sec. 49–312, D.C. Official Code) is amended—

(A) by striking “President of the United States” each place it appears and inserting “Mayor of the District of Columbia”; and

(B) by striking “the President may retire” and inserting “the Mayor may retire”.

(d) Call for duty.— (1) Section 45 of such Act (sec. 49–103, D.C. Official Code) is amended by striking “, or for the United States Marshal” and all that follows through “shall thereupon order” and inserting “to order”.

(2) Section 46 of such Act (sec. 49–104, D.C. Official Code) is amended by striking “the President” and inserting “the Mayor of the District of Columbia”.

(e) General courts martial.—Section 51 of such Act (sec. 49–503, D.C. Official Code) is amended by striking “the President of the United States” and inserting “the Mayor of the District of Columbia”.

SEC. 1068. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.

(a) Failure To satisfactorily perform prescribed training.—Section 10148(b) of title 10, United States Code, is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.

(b) Appointment of chief of National Guard Bureau.—Section 10502(a)(1) of such title is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.

(c) Vice chief of National Guard Bureau.—Section 10505(a)(1)(A) of such title is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.

(d) Other senior National Guard Bureau officers.—Section 10506(a)(1) of such title is amended by striking “the commanding general of the District of Columbia National Guard” both places it appears and inserting “the Mayor of the District of Columbia”.

(e) Consent for active duty or relocation.— (1) Section 12301 of such title is amended—

(A) in subsection (b), by striking “commanding general of the District of Columbia National Guard” in the second sentence and inserting “Mayor of the District of Columbia”; and

(B) in subsection (d), by striking the period at the end and inserting the following: “, or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia.”.

(2) Section 12406 of such title is amended by striking “the commanding general of the National Guard of the District of Columbia” and inserting “the Mayor of the District of Columbia”.

(f) Consent for relocation of units.—Section 18238 of such title is amended by striking “the commanding general of the National Guard of the District of Columbia” and inserting “the Mayor of the District of Columbia”.

SEC. 1069. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE.

(a) Maintenance of other troops.—Section 109(c) of title 32, United States Code, is amended by striking “(or commanding general in the case of the District of Columbia)”.

(b) Drug interdiction and Counter-Drug activities.—Section 112(h)(2) of such title is amended by striking “the Commanding General of the National Guard of the District of Columbia” and inserting “the Mayor of the District of Columbia”.

“(e) Inclusion of District of Columbia.—In this section, the term ‘State’ includes the District of Columbia.”.

(d) Appointment of adjutant general.—Section 314 of such title is amended—

(1) by striking subsection (b);

(2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and

(3) in subsection (b) (as so redesignated), by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia,”.

(e) Relief from National Guard duty.—Section 325(a)(2)(B) of such title is amended by striking “commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.

(f) Authority To order To perform Active Guard and Reserve duty.—

(1) AUTHORITY.—Subsection (a) of section 328 of such title is amended by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.

(2) CLERICAL AMENDMENTS.—

(A) SECTION HEADING.—The heading of such section is amended to read as follows:

“§ 328. Active Guard and Reserve duty: authority of chief executive”.

(B) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 328 and inserting the following new item:

“328. Active Guard and Reserve duty: authority of chief executive.”.

(g) Personnel matters.—Section 505 of such title is amended by striking “commanding general of the National Guard of the District of Columbia” in the first sentence and inserting “Mayor of the District of Columbia”.

(h) National Guard challenge program.—Section 509 of such title is amended—

(1) in subsection (c)(1), by striking “the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general” and inserting “the Mayor of the District of Columbia, under which the Governor or the Mayor”;

(2) in subsection (g)(2), by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”;

(3) in subsection (j), by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”; and

(4) in subsection (k), by striking “the commanding general of the District of Columbia National Guard” and inserting “the Mayor of the District of Columbia”.

(i) Issuance of supplies.—Section 702(a) of such title is amended by striking “commanding general of the National Guard of the District of Columbia” and inserting “Mayor of the District of Columbia”.

(j) Appointment of fiscal officer.—Section 708(a) of such title is amended by striking “commanding general of the National Guard of the District of Columbia” and inserting “Mayor of the District of Columbia”.

SEC. 1070. Conforming amendment to the District of Columbia Home Rule Act.

Section 602(b) of the District of Columbia Home Rule Act (sec. 1–206.02(b), D.C. Official Code) is amended by striking “the National Guard of the District of Columbia,”.

subtitle G—Other Matters

SEC. 1071. Technical, conforming, and clerical amendments.

(a) Title 10, United States Code.—Title 10, United States Code, is amended as follows:

(1) The table of chapters at the beginning of part I of subtitle A is amended by striking the item relating to the second section 19 (relating to cyber matters).

(2) The table of sections at the beginning of chapter 2 is amended by striking the item relating to section 118 and inserting the following new item:

“118. Materiel readiness metrics and objectives for major weapon systems.”.

(3) The second section 118a, as added by section 341 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is redesignated as section 118b, and the table of sections at the beginning of chapter 2 of such title is conformed accordingly.

(4) Section 138(b)(2)(A)(i) is amended by striking the semicolon.

(5) Section 196(d) is amended by striking “,,” and inserting “,”.

(6) Section 231a(e)(2) is amended by striking “include the following,” and inserting “include”.

(7) Section 240b(b)(1)(B)(xiii) is amended by striking “An” and inserting “A”.

(8) Section 240g(a)(3) is amended by striking “; and” and inserting “;”.

(9) Section 393(b)(2)(D) is amended by inserting a period at the end.

(10) Section 483(f)(3) is amended by inserting “this” before “title”.

(11) Section 651(a) is amended by inserting a comma after “3806(d)(1))”.

(12) The table of sections at the beginning of chapter 39 is amended by adding a period at the end of the item relating to section 691.

(13) Section 823(a)(2) (article 23(a)(2) of the Uniform Code of Military Justice) is amended by inserting a comma after “Army”.

(14) Section 856(b) (article 56(b) of the Uniform Code of Military Justice) is amended by striking “subsection (d) of section 853a” and inserting “subsection (c) of section 853a”.

(15) Section 1044e(g) is amended by striking “number of Special Victims’ Counsel” and inserting “number of Special Victims’ Counsels”.

(16) The table of sections at the beginning of chapter 54 is amended by striking the item relating to section 1065 and inserting the following new item:

“1065. Use of commissary stores and MWR facilities: certain veterans, caregivers for veterans, and Foreign Service officers.”.

(17) Section 1463(a)(4) is amended by striking “that that” and inserting “that”.

(18) Section 1465(b)(2) is amended by striking “the the” and inserting “the”.

(19) Section 1466(a) is amended, in the matter preceding paragraph (1), by striking “Coast guard” and inserting “Coast Guard”.

(20) Section 1554a(g)(2) is amended by striking “..” and inserting “.”.

(21) Section 1599h is amended—

(A) in subsection (a), by redesignating the second paragraph (7) and paragraph (8) as paragraphs (8) and (9), respectively; and

(B) in subsection (b)(1), by redesignating the second subparagraph (G) and subparagraph (H) as subparagraphs (H) and (I), respectively.

(22) Section 1705(a) is amended by striking “a fund” and inserting “an account”.

(23) Section 1722a(a) is amended by striking “,,” and inserting “,”.

(24) Section 1788a(e) is amended—

(A) in paragraph (3), by striking “section 167(i)” and inserting “section 167(j)”;

(B) in paragraph (4), by striking “covered personnel” and inserting “covered individuals”; and

(C) in paragraph (5), in the matter preceding subparagraph (A), by striking “ ‘covered personnel’” and inserting “ ‘covered individuals’”.

(25) The table of chapters at the beginning of Part III of subtitle A is amended, in the item relating to chapter 113, by striking the period after “2200g”.

(26) Section 2107(a) is amended by striking “or Space Force”.

(27) Section 2279b(b) is amended by redesignating the second paragraph (11) as paragraph (12).

(28) Section 2321(f) is amended by striking “the item” both places it appears and inserting “the commercial product”.

(29) The second section 2350m (relating to Execution of projects under the North Atlantic Treaty Organization Security Investment Program), as added by section 2503 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is redesignated as section 2350q and the table of sections at the beginning of subchapter II of chapter 138 is conformed accordingly.

(30) Section 2534(a) is amended—

(A) in paragraph (5), by striking “principle” and inserting “principal”; and

(B) in paragraph (3), by striking “subsection (j)” and inserting “subsection (k)”.

(31) Section 2891a(e)(1) is amended by striking “the any” and inserting “the”.

(32) The table of sections at the beginning of chapter 871 is amended by striking the item relating to section 8749 and inserting the following new item:

“8749. Civil service mariners of Military Sealift Command: release of drug and alcohol test results to Coast Guard.”.

(33) The second section 9084, as added by section 1601 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is transferred to appear after section 9085 and redesignated as section 9086, and the table of sections at the beginning of chapter 908 of such title is conformed accordingly.

(34) Section 9132 (relating to Regular Air Force and Regular Space Force: reenlistment after service as an officer) is redesignated as section 9138.

(35) The section heading for section 9401 is amended to read as follows:

“§ 9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals”.

(36) The section heading for section 9402 is amended to read as follows:

“§ 9402. Enlisted members of Air Force or Space Force: schools”.

(37) Section 9840 is amended in the second sentence by striking “He” and inserting “The officer”.

(b) NDAA for Fiscal Year 2021.—Effective as of January 1, 2021, and as if included therein as enacted, section 1 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1) by inserting “(a) In general.—” before “This Act”; and

(2) by adding at the end the following:

“(b) References.—Any reference in this or any other Act to the ‘National Defense Authorization Act for Fiscal Year 2021’ shall be deemed to be a reference to the ‘William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021’.”.

(c) Coordination With Other Amendments Made by This Act.—For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.

SEC. 1072. Assistant Secretary of Defense for Indo-Pacific Security Affairs.

Section 138(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(8) One of the Assistant Secretaries is the Assistant Secretary of Defense for Indo-Pacific Security Affairs. The principal duties of the Assistant Secretary shall be to—

“(A) act as principal advisor to the Under Secretary of Defense for Policy and the Secretary of Defense on international security strategy and policy on issues of interest to the Department of Defense that relate to the nations and international organizations of China, East Asia, South and Southeast Asia, including governments and defense establishments; and

“(B) provide oversight of security cooperation programs, including foreign military sales, in the Indo-Pacific region.”.

SEC. 1073. Improvement of transparency and congressional oversight of civil reserve air fleet.

(a) Definitions.—

(1) SECRETARY.—Paragraph (10) of section 9511 of title 10, United States Code, is amended to read as follows:

“(4) The term ‘Secretary’ means the Secretary of Defense.”.

(2) CONFORMING AMENDMENTS.—Chapter 961 of title 10, United States Code, as amended by paragraphs (1) and (2), is further amended—

(A) in section 9511a by striking “Secretary of Defense” each place it appears and inserting “Secretary”;

(B) in section 9512(e), by striking “Secretary of Defense” and inserting “Secretary”; and

(b) Annual report on civil reserve air fleet.—Section 9516 of title 10, United States Code, is amended—

(1) in subsection (d), by striking “When the Secretary” and inserting “Subject to subsection (e), when the Secretary”;

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

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

“(e) Annual report.—Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that—

“(1) identifies each contract for airlift services awarded in the preceding fiscal year to a provider that does not meet the requirements set forth in subparagraphs (A) and (B) of subsection (a)(1); and

“(2) for each such contract—

“(A) specifies the dollar value of the award; and

“(B) provides a detailed explanation of the reasons for the award.”.

(1) IN GENERAL.—Chapter 961 of title 10, United States Code, as amended by subsections (a) and (b), is further amended—

(A) by redesignating sections 9511a and 9512 as sections 9512 and 9513, respectively;

(B) in section 9511, by striking “section 9512” each place it appears and inserting “section 9513”; and

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by striking the items relating to sections 9511a and 9512 and inserting the following new items:

“9512. Civil Reserve Air Fleet contracts: payment rate.
“9513. Contracts for the inclusion or incorporation of defense features.”.

(d) Charter air transportation of members of the armed forces or cargo.—

(1) IN GENERAL.—Section 2640 of title 10, United States Code, is amended—

(A) in the section heading, by inserting “or cargo” after “armed forces”;

(B) in subsection (a)(1), by inserting “or cargo” after “members of the armed forces”;

(D) in subsection (d)(1), by inserting “or cargo” after “members of the armed forces”;

(E) in subsection (e)—

(i) by inserting “or cargo” after “members of the armed forces”; and

(ii) by inserting “or cargo” before the period at the end;

(F) in subsection (f), by inserting “or cargo” after “members of the armed forces”; and

(G) in subsection (j)(1), by inserting “ ‘cargo,’” after “ ‘air transportation’,”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 157 of title 10, United States Code, is amended by striking the item relating to section 2640 and inserting the following new item:

“2640. Charter air transportation of members of the armed forces or cargo.”.

SEC. 1074. Enhancements to national mobilization exercises.

Section 10208 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(c) (1) The Secretary shall, beginning in the first fiscal year that begins after the date of the enactment of this subsection, and every 5 years thereafter, as part of the major mobilization exercise under subsection (a), include the processes of the Selective Service System in preparation for a draft, and submit to Congress a report on the results of this exercise. The report may be submitted in classified form.

“(2) The exercise under this subsection—

“(A) shall include a review of national mobilization strategic and operational concepts; and

“(B) shall include a simulation of a mobilization of all armed forces and reserve units, with plans and processes for incorporating Selective Service System inductees.”.

SEC. 1075. Providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service.

(a) Plan.—

(1) DEVELOPMENT.—In consultation with the Chief Information Officer of the Department of Defense, the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) shall develop a plan for providing end-to-end electronic voting services (including services for registering to vote, requesting an electronic ballot, completing the ballot, and returning the ballot) in participating States for absent uniformed services voters under such Act who are deployed or mobilized to locations with limited or immature postal service (as determined by the Presidential designee).

(2) SPECIFICATIONS.—The Presidential designee shall include in the plan developed under paragraph (1)—

(A) methods to ensure that voters have the opportunity to verify that their ballots are received and tabulated correctly by the appropriate State and local election officials;

(B) methods to generate a verifiable and auditable vote trail for the purposes of any recount or audit conducted with respect to an election; and

(C) an assessment of whether commercially available technologies may be used to carry out any of the elements of the plan.

(3) CONSULTATION WITH STATE AND LOCAL ELECTION OFFICIALS.—The Presidential designee shall develop the plan under paragraph (1) in consultation with appropriate State and local election officials to ensure that the plan may be implemented successfully in any State which agrees to participate in the plan.

(4) USE OF CONTRACTORS.—To the extent the Presidential designee determines to be appropriate, the Presidential designee may include in the plan developed under paragraph (1) provisions for the use of contractors to carry out any of the elements of the plan.

(5) SUBMISSION.—Not later than one year after the date of the enactment of this Act, the Presidential designee shall submit the plan developed under paragraph (1) to the Committees on Armed Services of the House of Representatives and Senate.

(b) Implementation.—If the Presidential designee determines it feasible, the Presidential designee shall implement the plan developed under subsection (a)—

(1) for a trial group of voters in participating States for elections for Federal office held in 2024; and

(2) for all such voters in participating States for elections for Federal office held in 2026 and any succeeding year.

SEC. 1076. Responsibilities for national mobilization; personnel requirements.

(a) Executive agent for national mobilization.—The Secretary of Defense shall designate a senior official within the Office of the Secretary of Defense as the Executive Agent for National Mobilization. The Executive Agent for National Mobilization shall be responsible for—

(1) developing, managing, and coordinating policy and plans that address the full spectrum of military mobilization readiness, including full mobilization of personnel from volunteers to draftees in the event of a draft activation;

(2) providing Congress and the Selective Service System with updated requirements and timelines for obtaining draft inductees in the event of a national emergency requiring mass mobilization and activation of the draft; and

(3) providing Congress with a plan, developed in coordination with the Selective Service System, to induct large numbers of volunteers who may respond to a national call for volunteers during an emergency.

(b) Plan required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for obtaining draft inductees as part of a mobilization timeline for the Selective Service System. The plan shall include a description of resources, locations, and capabilities of the Armed Forces required to train, equip, and integrate drafted personnel into the total force, addressing scenarios that would include 300,000, 600,000, and 1,000,000 new volunteer and drafted personnel. The plan may be provided in classified form.

SEC. 1077. Update of Joint Publication 3-68: Noncombatant Evacuation Operations.

(a) Findings.—Congress makes the following findings:

(1) Noncombatant evacuation operations are conducted by the Department of Defense to assist in evacuating citizens and nationals of the United States, Defense Department civilian personnel, and designated host nation persons whose lives are in danger from locations in a foreign nation to an appropriate safe haven when directed by the Department of State.

(2) Joint Publication 3-68: Noncombatant Evacuation Operations has not been validated since November 14, 2017.

(b) Update of publication.—Not later than March 1, 2022, the Chairman of the Joint Chiefs of Staff shall update Joint Publication 3-68: Noncombatant Evacuation Operations.

SEC. 1078. Treatment of operational data from Afghanistan.

(a) Sense of Congress.—It is the sense of Congress that—

(1) an immense amount of operational data and intelligence has been developed over the past two decades of war in Afghanistan; and

(2) this information is valuable and must be appropriately retained.

(b) Operational data.—The Secretary of Defense shall—

(1) archive and standardize operational data from Afghanistan across the myriad of defense information systems; and

(2) ensure the Afghanistan operational data is structured, searchable, and usable across the joint force.

(c) Briefing.—Not later than March 4, 2022, the Under Secretary of Defense for Intelligence and Security shall provide a briefing to the Committee on Armed Services of the House of Representatives on how the Department of Defense has removed, retained, and assured long-term access to operational data from Afghanistan across each military department and command. Such briefing shall address—

(1) the manner in which the Department of Defense is standardizing and archiving intelligence and operational data from Afghanistan across the myriad of defense information systems; and

(2) the manner in which the Department is ensuring access to Afghanistan operational data across the joint force.

SEC. 1079. Defense Resource Budgeting and Allocation Commission.

(a) Establishment.—There is established a commission, to be known as the “Defense Resource Budgeting and Allocation Commission”. The purpose of the Commission is to develop a consensus on an effective and strategic approach to Department of Defense resource budgeting and allocation, including—

(1) by conducting an examination of the planning, programming, budgeting, and execution methodology of the Department; and

(2) by considering potential alternatives to such methodology to maximize the ability of the Department to equip itself in a timely manner to respond to current and emerging threats.

(b) Membership.—

(1) COMPOSITION.—

(A) IN GENERAL..—Subject to subparagraph (B), the Commission shall be composed of the following members:

(i) The Deputy Secretary of Defense.

(ii) The Director of Cost Assessment and Program Evaluation for the Department of Defense.

(iii) The Comptroller/Chief Financial Officer for the Department of Defense.

(iv) The Deputy Director of the Office of Management and Budget.

(v) Three members appointed by the majority leader of the Senate, in consultation with the Chairman of the Committee on Armed Services of the Senate, one of whom shall be a member of the Senate and two of whom shall not be.

(vi) Two members appointed by the minority leader of the Senate, in consultation with the Ranking Member of the Committee on Armed Services of the Senate, one of whom shall be a member of the Senate and one of whom shall not be.

(vii) Three members appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee on Armed Services of the House of Representatives, one of whom shall be a member of the House of Representatives and two of whom shall not be.

(viii) Two members appointed by the minority leader of the House of Representatives, in consultation with the ranking member of the Committee on Armed Services of the House of Representatives, one of whom shall be a Member of the House of Representatives and one of whom shall not be.

(B) EXPERTISE.—The members of the Commission who are not members of Congress and who are appointed under clauses (v) through (viii) of subparagraph (A) shall be individuals who are nationally recognized for expertise, knowledge, or experience in—

(i) planning, programming, budgeting, and execution methodology;

(ii) budgeting methodologies and innovation; or

(iii) the implementation or oversight of Department of Defense budgeting.

(C) CONFLICTS OF INTEREST.—An official who appoints members of the Commission may not appoint an individual as a member of the Commission if such individual possesses any personal or financial interest in the discharge of any of the duties of the Commission.

(D) SECURITY CLEARANCES.—All members of the Commission described in subparagraph (A) shall possess an appropriate security clearance in accordance with applicable provisions of law concerning the handling of classified information.

(2) CO-CHAIRS.—The Commission shall have two co-chairs, selected from among the members of the Commission. One co-chair of the Commission shall be a member of the Democratic Party, and one co-chair shall be a member of the Republican Party. The individuals who serve as the co-chairs of the Commission shall be jointly agreed upon by the President, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives.

(1) APPOINTMENT.—Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act.

(2) INITIAL MEETING.—The Commission shall hold its initial meeting on or before the date that is 60 days after the date of the enactment of this Act.

(d) Meetings; quorum; vacancies.—

(1) IN GENERAL.—After its initial meeting, the Commission shall meet upon the call of the co-chairs of the Commission.

(2) QUORUM.—Seven members of the Commission shall constitute a quorum for purposes of conducting business, except that two members of the Commission shall constitute a quorum for purposes of receiving testimony.

(3) VACANCIES.—Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.

(4) QUORUM WITH VACANCIES.—If vacancies in the Commission occur on any day that is 45 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Commission as of such day.

(e) Actions of commission.—

(1) IN GENERAL.—The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present.

(2) PANELS.—The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this title. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission.

(3) DELEGATION.—Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this title.

(f) Duties.—The duties of the Commission are as follows:

(1) To define the core objectives and priorities of the strategic approach referred to in subsection (a).

(2) To weigh the costs and benefits of various strategic options for the Department of Defense to budget and allocate resources, including the planning, programming, budgeting, and execution methodology in effect as of the date of the enactment of this Act.

(3) To evaluate whether the strategic options described in paragraph (2) are exclusive or complementary, the best means for executing such options, and how the Department of Defense should incorporate and implement such options within its budgeting methodology and strategy.

(4) To review and make determinations on the difficult choices present within such options, including how the Department can budget at the speed of relevance to address current and emerging threats while maintaining an appropriate degree of oversight from Congress.

(5) To review adversarial budgeting methodologies and strategies to understand if and how adversaries are able to meet current and future threats more or less successfully than the United States.

(6) To evaluate the effectiveness of the current resource budgeting and allocation methodology to meet current and emerging threats to the national security of the United States.

(7) In weighing the options for defending the United States, to consider possible structures and authorities that need to be established, revised, or augmented within the Federal Government.

(g) Powers of commission.—

(1) IN GENERAL.—

(A) HEARINGS; SUBPOENAS.—The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this section—

(i) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths; and

(ii) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary.

(B) SERVICE OF SUBPOENAS.—Subpoenas may be issued under subparagraph (A)(ii) under the signature of the co-chairs of the Commission, and may be served by any person designated by such co-chairs.

(C) FAILURE OF WITNESSES TO APPEAR.—The provisions of sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192-194) shall apply in the case of any failure of a witness to comply with any subpoena or to testify when summoned under authority of this section.

(2) CONTRACTING.—The Commission may, to such extent and in such amounts as are provided in advance in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title.

(3) INFORMATION FROM FEDERAL AGENCIES.—The Commission may secure directly from any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this title. Each such department, agency, bureau, board, commission, office, establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request of the co-chairs of the Commission. The Commission shall handle and protect all classified information provided to it under this paragraph in accordance with applicable statutes and regulations.

(4) ASSISTANCE FROM FEDERAL AGENCIES.—

(A) The Secretary of Defense shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this title.

(B) The Director of the Office of Management and Budget may provide the Commission, on a nonreimbursable basis, with such administrative services, staff, and other support services as the Commission may request. In addition to the assistance set forth in paragraphs (1) and (2), other departments and agencies of the United States may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law.

(C) The Commission shall receive the full and timely cooperation of any official, department, or agency of the United States Government whose assistance is necessary, as jointly determined by the co-chairs selected under subsection (b)(2), or the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses.

(5) POSTAL SERVICES.—The Commission may use the United States postal services in the same manner and under the same conditions as the departments and agencies of the United States.

(6) GIFTS.—No member or staff of the Commission may receive a gift or benefit by reason of the service of such member or staff to the Commission.

(h) Staff of commission.—

(1) IN GENERAL.—

(A) DETAILEES.—Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.

(B) SECURITY CLEARANCE.—All staff of the Commission shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information.

(2) CONSULTANT SERVICES.— (A) The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title.

(B) All experts and consultants employed by the Commission shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information.

(i) Compensation and travel expenses.—

(1) COMPENSATION.—

(A) IN GENERAL.—Except as provided in subparagraph (B), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this title.

(B) OFFICERS OR EMPLOYEES OF UNITED STATES.—Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Commission.

(2) TRAVEL EXPENSES.—While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.

(j) Treatment of information relating to national security.—

(1) IN GENERAL.—The Secretary of Defense shall assume responsibility for the handling and disposition of any information related to the national security of the United States that is received, considered, or used by the Commission under this title. Any information related to the national security of the United States that is provided to the Commission by the congressional armed services committees may not be further provided or released without the approval of the chairman of such committees.

(2) ACCESS AFTER TERMINATION OF COMMISSION.—Notwithstanding any other provision of law, after the termination of the Commission under subsection (k)(2), only the members and designated staff of the Committees on Armed Services of the Senate and House of Representatives, the Secretary of Defense (and the designees of the Secretary), and such other officials of the executive branch as the President may designate shall have access to information related to the national security of the United States that is received, considered, or used by the Commission.

(k) Final report; termination.—

(1) FINAL REPORT.—Not later than September 1, 2022, the Commission shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Secretary of Defense, and the Director of Office of Management and Budget a final report containing the findings of the Commission.

(2) TERMINATION.—

(A) IN GENERAL.—The Commission, and all the authorities of this section, shall terminate at the end of the 120-day period beginning on the date on which the final report under paragraph (1) is submitted to the congressional armed services committees.

(B) CONCLUSION OF ACTIVITIES.—The Commission may use the 120-day period referred to in subparagraph (A) for the purposes of concluding its activities, including providing testimony to Congress concerning the final report referred to in that paragraph and disseminating the report.

(l) Assessments of final report.—Not later than 60 days after receipt of the final report under subsection (k)(1), the Secretary of Defense and the Director of the Office of Management and Budget shall each submit to the Committees on Armed Service of the Senate and House of Representatives an assessment by the Director or the Secretary, as the case may be, of the final report. Each such assessment shall include such comments on the findings and recommendations contained in the final report, as the Director or Secretary, as the case may be, considers appropriate.

SEC. 1080. Commission on Afghanistan.

(a) Establishment.—There is hereby established a commission to be known as the “Commission on Afghanistan” (in this section referred to as the “Commission”). The purpose of the Commission is to examine the war in Afghanistan and make recommendations regarding lessons learned.

(b) Composition.—

(1) MEMBERSHIP.—The Commission shall be composed of 12 members appointed as follows:

(A) Three members appointed by the chair of the Committee on Armed Services of the House of Representatives.

(B) Three members appointed by the ranking minority member of the Committee on Armed Services of the House of Representatives.

(D) Three members appointed by the ranking minority member of the Committee on Armed Services of the Senate.

(2) CHAIR; VICE CHAIR.—

(A) CHAIR.—The chair of the Committee on Armed Services of the House of Representative and the chair of the Committee on Armed Services of the Senate shall jointly designate one member of the Commission to serve as chair of the Commission.

(B) VICE CHAIR.—The ranking minority member of the Committee on Armed Services of the House of Representative and the ranking minority member of the Committee on Armed Services of the Senate shall jointly designate one member of the Commission to serve as vice chair of the Commission.

(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment.

(1) REVIEW.—The Commission shall examine the following periods of the war in Afghanistan;

(A) Generally, the entirety of the war beginning with Operation Enduring Freedom in 2001 under the Bush administration.

(B) The period beginning in 2009 under the Obama administration, when the United States deployed an increased number of members of the Armed Forces to Afghanistan, and ending when such members of the Armed Forces were reduced in 2011.

(C) The period beginning in August 2019 and ending in February 2020, covering the negotiation and execution of the U.S. Government-Taliban agreement during the Trump Administration.

(D) The period beginning in February 2020 and ending in August 2021, with the completion of the withdrawal of the Armed Forces from Afghanistan under the Biden Administration.

(E) The period from 1996 to 2001, during which the Taliban controlled the country, highlighting events or the absence of certain key events that enabled conditions on the ground in Afghanistan in 2001, including efforts to support the Northern Alliance and related resistance groups, opportunities to eliminate terrorist leaders like Osama Bin Laden and others, and opportunities to address terror threats emanating from Afghanistan prior to 2001.

(2) ASSESSMENT AND RECOMMENDATIONS.—The Commission shall conduct a comprehensive assessment of the war in Afghanistan and make recommendations to inform future operations with tactical and strategic lessons learned, including the impact of troop increases and decreases and date-certain deadlines.

(d) Cooperation from government.—

(1) COOPERATION.—In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities.

(2) LIAISON.—The Secretary shall designate at least one officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission.

(e) Report.—

(1) FINAL REPORT.—Not later than August 31, 2022, and consistent with the protection of intelligence sources and methods, the Commission shall submit to the President, the Secretary of Defense, and the appropriate congressional committees a report on the Commission’s findings, conclusions, and recommendations. The report shall address each of the following:

(A) The findings of the Commission with respect to each of the periods referred to in subsection (c)(1).

(B) Intelligence and information upon which the Bush, Obama, Trump, and Biden administrations made planning decisions.

(D) The assessments made for the security conditions to create a viable peace agreement in 2019.

(E) The security conditions necessary to make such agreement a reality.

(F) A detailed analysis of the security conditions on the ground in Afghanistan during the entirety of the war in Afghanistan.

(G) The circumstances under which the Biden Administration withdrew the Armed Forces from Afghanistan in 2021.

(H) The lessons learned from 20 years in Afghanistan.

(I) The lessons learned from 20 years of equipping and supporting the Afghan National Security Force.

(2) INTERIM BRIEFING.—Not later than March 3, 2022, the Commission shall provide to the appropriate congressional committees a briefing on the status of its review and assessment, and include a discussion of any interim recommendations.

(3) FORM.—The report submitted to Congress under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(4) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this subsection, the term “appropriate congressional committees” means—

(A) the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate; and

(B) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

(f) Funding.—Of the amounts authorized to be appropriated by to this Act for the Department of Defense, $5,000,000 is available to fund the activities of the Commission.

(g) Termination.—The Commission shall terminate 6 months after the date on which it submits the report required by subsection (e).

SEC. 1081. Technology pilot program to support ballot transmission for absent uniformed services and overseas votes.

(a) In general.—Not later than 60 days after the date of enactment of this Act, the individual designated as the Presidential designee under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(a)) shall, subject to the availability of appropriations, establish and administer a technology pilot program under section 589 of the Military and Overseas Voter Empowerment Act (52 U.S.C. 20311) to provide grants to State and local jurisdictions responsible for the administration of elections for Federal office for use as described in subsection (b) to administer the general elections for Federal office held in November 2022 and the general elections for Federal office held in November 2024.

(b) Grant uses.—A State or local jurisdiction responsible for the administration of elections for Federal office may only use grant funds provided under the program established under subsection (a) for the implementation of technologies that support the ability to vote of individuals entitled to vote in an election under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.), including technologies that—

(1) improve the security of ballot transmission, including through the use of cloud-based solutions, to enable ballot transmission to meet existing Federal cybersecurity guidelines; and

(2) allow grant recipients to measure and report on data with respect to the use and effectiveness of technologies tested under the program.

(c) Reporting requirement.—Not later than 60 days after the date of general elections in a State in which a State or local jurisdiction responsible for the administration of Federal elections has received a grant under the program for that election, the grant recipient shall prepare and submit to the Presidential designee a report on the effectiveness of the technologies tested under the program and recommendations on the future use of such technologies.

(d) Restriction on grants to State and local jurisdictions.—The Presidential designee may not provide grants to a local jurisdiction for an election specified in subsection (a) if the State entity responsible for the administration of elections for Federal office in such State has received a grant under the program for that election.

SEC. 1082. Recognition of the Memorial, Memorial Garden, and K9 Memorial of the National Navy UDT-SEAL Museum in Fort Pierce, Florida, as the official national memorial, memorial garden, and K9 memorial, respectively, of Navy SEALs and their predecessors.

The Memorial, Memorial Garden, and K9 Memorial of the National Navy UDT-SEAL Museum, located at 3300 North Highway A1A, North Hutchinson Island, in Fort Pierce, Florida, are recognized as the official national memorial, memorial garden, and K9 memorial, respectively, of Navy SEALs and their predecessors.

SEC. 1083. Sense of Congress on the legacy, contributions, and sacrifices of American Indian and Alaska Natives in the Armed Forces.

(a) Findings.—Congress finds the following:

(1) The United States celebrates Native American History Month each November to recognize and honor the history and achievements of Native Americans.

(2) American Indian and Alaska Natives serve in all branches of the Armed Forces, attend all service academies, and defend our country with valiance, pride, and honor.

(3) More than 30,000 active duty, reserve, and National Guard members of the Armed Forces identify as Native American.

(4) American Indian and Alaska Natives have served and continue to serve in the highest proportions to population than any other ethnic group.

(5) American Indian and Alaska Natives have served in every war, from the Revolutionary War to current overseas conflicts.

(6) Native American veterans are Congressional Medal of Honor, Congressional Gold and Silver Medals, Purple Heart, and Bronze Star Medal recipients.

(7) American Indian and Alaska Native women serve in Armed Forces in higher proportions than any other ethnic group.

(8) Native American Code Talkers and their languages proved an invaluable asset during World Wars I and II.

(9) Ira Hayes, Akimel O’odham (Pima) helped to raise the American flag on Iwo Jima;

(10) Dr. Joseph Medicine Crow, Apsáalooke (Crow), served in WWII and became a war chief.

(11) Numerous present and past military aircraft, helicopters, and munitions programs bear the names of Native American tribes and tribal leaders to honor their legacy of martial prowess, including the Apache, Kiowa, Black Hawk, Lakota, Chinook, Huron, Iroquois, Comanche, Cayuse, Chickasaw, Ute, Gray Eagle, Mescalero, Tomahawk, and more.

(12) Native American tribes commonly take part in ceremonies alongside military units to bless new aircraft and mark successful inception of new fleets.

(13) More than 140,000 veterans across the United States identify as Native American.

(14) Each November, the Department of Defense honors the unique and special relationship with tribal communities during Native American Heritage Month.

(b) Sense of Congress.—It is the sense of Congress that Congress—

(1) recognizes and honors the legacy and contributions of American Indian and Alaska Natives and tribal communities to the military of the United States; and

(2) commits to ensuring progress for American Indian and Alaska Native members of the Armed Forces and veterans with regard to representation in senior military leadership positions, improving access to culturally competent resources and services, and supporting families and tribal communities.

SEC. 1084. Name of Naval Medical Center Camp Lejeune.

Naval Medical Center Camp Lejeune located on Marine Corps Base Camp Lejeune, North Carolina, shall after the date of the enactment of this Act be known and designated as the “Walter B. Jones Naval Medical Center”. Any reference to Naval Medical Center Camp Lejeune in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Walter B. Jones Naval Medical Center.

SEC. 1085. Sense of Congress regarding naming a warship the USS Fallujah.

It is the sense of Congress that the Secretary of the Navy should name a warship the “USS Fallujah”.

SEC. 1086. Name of Air Force Utah test and training range.

The Air Force Utah Test and Training Range shall after the date of the enactment of this Act be known and designated as the “Bishop Utah Test and Training Range”. Any reference to such test and training range in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Bishop Utah Test and Training Range.

SEC. 1087. Name of Air Force Utah Test and Training Range Consolidated Mission Control Center.

The Air Force Utah Test and Training Range Consolidated Mission Control Center shall after the date of the enactment of this Act be known and designated as the “Robert W. Bishop Utah Test and Training Range Combined Mission Control Center”. Any reference to such combined mission control center in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Robert W. Bishop Utah Test and Training Range Combined Mission Control Center.

SEC. 1088. Sense of Congress regarding crisis at the Southwest border.

(a) Findings.—Congress makes the following findings:

(1) There were 1,300,000 illegal crossings between January, 2021, and July, 2021, at the Southwest land border of the United States.

(2) The 212,672 migrant encounters on the Southwest land border in July 2021 was a 21-year high.

(3) Noncitizens with criminal convictions are routinely encountered at ports of entry and between ports of entry on the Southwest land border.

(4) Some of the inadmissible individuals encountered on the southwest border are known or suspected terrorists.

(5) Transnational criminal organizations routinely move illicit drugs, counterfeit products, and trafficked humans across the Southwest land border.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the current level of illegal crossings and trafficking on the Southwest border represents a national security threat;

(2) the Department of Defense has rightly contributed personnel to aid the efforts of the United States Government to address the crisis at the Southwest border;

(3) the National Guard and active duty members of the Armed Forces are to be commended for their hard work and dedication in their response to the crisis at the Southwest land border; and

(4) border security is a matter of national security and the failure to address the crisis at the Southwest border introduces significant risk to the people of the United States.

SEC. 1089. Improvements and clarifications relating to unauthorized use of computers of Department of Defense.

The Secretary of Defense shall take such steps as may be necessary to ensure that the electronic banner that appears on the screens of computers of the Department of Defense upon access of such computers (providing warnings related to access and use of U.S. Government computers) is updated to include language prohibiting users from using government email for an unauthorized purpose.

TITLE XI—Civilian Personnel Matters

SEC. 1101. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1105 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is further amended by striking “through 2021” and inserting “through 2022”.

SEC. 1102. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.

Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and as most recently amended by section 1106 of the of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is further amended by striking “2022” and inserting “2023”.

SEC. 1103. DARPA personnel management authority to attract science and engineering experts.

Section 1599h(b) of title 10, United States Code, is amended—

(1) in paragraph (2)(B), by striking “and” at the end;

(2) in paragraph (3), by striking the period and inserting “; and”; and

(3) by adding at the end the following:

“(4) during any fiscal year, pay up to 15 individuals newly appointed pursuant to paragraph (1)(B) the travel, transportation, and relocation expenses and services described under sections 5724, 5724a, and 5724c of title 5.”.

SEC. 1104. Civilian personnel management.

Section 129(a) of title 10, United States Code, is amended—

(1) in the first sentence, by striking “primarily” and inserting “solely”;

(2) in the second sentence, by striking “solely”; and

(3) by inserting after the second sentence the following: “Funds appropriated to the Department of Defense may not be obligated or expended for term or temporary hiring authorities for enduring functions.”.

SEC. 1105. Comptroller General review of Naval Audit Service operations.

(a) Comptroller General report.—Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall submit to congressional defense committees a report on the operations of the Naval Audit Service. Such report shall include—

(1) a description of current and historical budgetary resources and authorized full-time employees provided to and utilized by the Naval Audit Service, as well as of any planned or anticipated changes to the Naval Audit Service’s level of resources or staff;

(2) information on the workload of the Naval Audit Service and where it devotes its resources;

(3) an assessment of the audit policies of the Naval Audit Service, how it determines where to devote resources, and its level of independence when performing audits and reporting audit results; and

(4) an assessment of the potential impacts of any planned or anticipated changes to the Naval Audit Service’s level of resources or staff.

(b) Limitation.—During the period beginning on the date of enactment of this Act and ending on the date that is 180 days after the date on which the report under subsection (a) is submitted to the congressional defense committees—

(1) no individual may assign, transfer, transition, merge, consolidate, or eliminate any function, responsibility, authority, service, system, or program that was carried out by the Naval Audit Service as of January 1, 2021, to an entity other than the Naval Audit Service; and

(2) the number of full-time employees authorized for the Naval Audit Service may not be reduced below the total that is 10 percent less than the number that was authorized as of January 1, 2021.

(c) Secretary of the Navy report.—Not later than the date that is 90 days after the date the report under subsection (a) is submitted to the congressional defense committees, the Secretary of the Navy shall submit to the congressional defense committees a report, including—

(1) the Navy’s assessment of the findings and recommendations of the Comptroller General in regard to the Naval Audit Service, including the Navy’s plans to implement the Comptroller General’s recommendations;

(2) any reports or studies completed since 2018 by the Navy or outside entities, including federally funded research and development centers, into the operations of the Naval Audit Service, and the Navy’s response to the findings and recommendations of such reports; and

(3) the Secretary’s plans for any changes to the activities, resources, staffing, authorities, responsibilities, and mission of the Naval Audit Service.

SEC. 1106. Implementation of GAO recommendations on tracking, response, and training for civilian employees of the Department of Defense regarding sexual harassment and assault.

(a) Plan required.—

(1) IN GENERAL.—The Secretary of Defense shall develop a plan to address the recommendations in the report of the U.S. Government Accountability Office titled “Sexual Harassment and Assault: Guidance Needed to Ensure Consistent Tracking, Response, and Training for DOD Civilians” (GAO–21–113).

(2) ELEMENTS.—The plan required under paragraph (1) shall, with respect to each recommendation in the report described in paragraph (1) that the Secretary has implemented or intends to implement, include—

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

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

(b) Submission to congressional defense committees.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the plan required under subsection (a).

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

(2) EXCEPTION FOR IMPLEMENTATION OF CERTAIN RECOMMENDATIONS.—

(A) DELAYED IMPLEMENTATION.—The Secretary may initiate implementation of a recommendation in the report described in subsection (a)(1) after the date specified in paragraph (1) if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation on or before such date.

(B) NONIMPLEMENTATION.—The Secretary may decide not to implement a recommendation in the report described in subsection (a)(1) if the Secretary provides to the congressional defense committees, on or before the date specified in paragraph (1)—

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

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

SEC. 1107. Guidelines for reductions in civilian positions.

Subsection (e) of section 1597 of title 10, United States Code, is amended—

(1) in the subsection heading, by striking “Reductions Based Primarily on Performance” and inserting “Reductions Based Primarily on Seniority and Veterans Preference”; and

(2) by striking “primarily on the basis of performance, as determined under any applicable performance management system” and inserting “following the order of retention prescribed in section 3502 of title 5”.

SEC. 1108. Repeal of 2-year probationary period.

(a) Repeal.—

(1) IN GENERAL.—Section 1599e of title 10, United States Code, is repealed.

(2) APPLICATION.—The modification of probationary periods for covered employees (as that term is defined in such section 1599e as in effect on the date immediately preceding the date of enactment of this Act) by operation of the amendment made by paragraph (1) shall only apply to an individual appointed as such an employee on or after such date of enactment.

(b) Technical and conforming amendments.—

(1) TITLE 10.—The table of sections for chapter 81 of title 10, United States Code, is amended by striking the item relating to section 1599e.

(2) TITLE 5.—Title 5, United States Code, is amended—

(A) in section 3321(c), by striking “, or any individual covered by section 1599e of title 10”;

(B) in section 3393(d), by striking the second sentence;

(D) in section 7511(a)(1)(A)(ii), by striking “except as provided in section 1599e of title 10,”; and

(E) in section 7541(1)(A), by striking “or section 1599e of title 10”.

SEC. 1109. Amendment to diversity and inclusion reporting.

Section 113 of title 10, United States Code, as amended by section 551 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended—

(1) in subsection (c)(2), by inserting “of members and civilian employees” after “inclusion”;

(2) in subsection (l)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking “; and” and inserting a semicolon;

(ii) by redesignating subparagraph (B) as subparagraph (C); and

(iii) by inserting after subparagraph (A) the following new subparagraph (B):

“(B) efforts to reflect, across the civilian workforce of the Department and of each armed force, the diversity of the population of the United States; and”; and

(B) in paragraph (2)(B), by inserting “and civilian employees of the Department” after “members of the armed forces”; and

(3) in subsection (m)—

(A) by redesignating paragraph (7) as paragraph (8); and

(B) by inserting after paragraph (6) the following new paragraph (7):

“(7) The number of civilian employees of the Department, disaggregated by military department, gender, race, and ethnicity—

“(A) in each grade of the General Schedule;

“(B) in each grade of the Senior Executive Service;

“(C) paid at levels above grade GS-15 of the General Schedule but who are not members of the Senior Executive Service;

“(D) paid under the Federal Wage System, and

“(E) paid under alternative pay systems.”.

SEC. 1110. Including active duty in the armed forces in meeting service requirement for Federal employee family and medical leave.

(a) Family and Medical Leave Act of 1993.—Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end the following:

“(F) ACTIVE DUTY AS MEMBER OF ARMED FORCES.—For the purposes of determining whether an individual who is a Federal officer or employee (not including a Federal officer or employee excluded under paragraph (2)(B)(i)) meets the service requirements specified in subparagraph (A), the individual will be considered to meet those requirements if the individual—

“(i) served on active duty as a member of the armed forces for at least one year; and

“(ii) whose separation from the armed forces is characterized as honorable by the Secretary concerned.”.

(b) Title 5.—Section 6381(1)(B) of title 5, United States Code, is amended to read as follows:

“(B) (i) has completed at least 12 months of service as an employee (as defined in section 2105) of the Government of the United States, including service with the United States Postal Service, the Postal Regulatory Commission, and a nonappropriated fund instrumentality as described in section 2105(c); or

“(ii) (I) served on active duty as a member of the armed forces for at least one year; and

“(II) whose separation from the armed forces is characterized as honorable by the Secretary concerned;”.

SEC. 1111. Treatment of hours worked under a qualified trade-of-time arrangement.

Section 5542 of title 5, United States Code, is amended by adding at the end the following:

“(h) (1) Notwithstanding any other provision of this section, any hours worked by a firefighter under a qualified trade-of-time arrangement shall be disregarded for purposes of any determination relating to eligibility for, or the amount of, any overtime pay under this section.

“(2) For purposes of this subsection—

“(A) the term ‘qualified trade-of-time arrangement’ means an arrangement under which 2 firefighters who are employed by the same agency agree, solely at their option and with the approval of their employing agency, to substitute for one another during scheduled work hours in the performance of work in the same capacity; and

“(B) the term ‘firefighter’ means a firefighter as defined by section 8331(21) or 8401(14).”.

SEC. 1112. Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense.

Section 1108(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended to read as follows:

“(b) Positions.—The positions in the Department described in this subsection are positions in the competitive service—

“(1) at any defense industrial base facility (as that term is defined in section 2208(u)(3) of title 10, United States Code) that is part of the core logistics capabilities (as described in section 2464(a) of such title); or

“(2) at any Major Range and Test Facility Base (as that term is defined in section 196(i) of such title).”.

SEC. 1113. Increase in allowance based on duty at remote worksites.

(a) Assessment and rate.—Not later than March 31, 2022, the Director of the Office of Personnel Management shall complete an assessment of the remote site pay allowance under section 5942 of title 5, United States Code, and propose a new rate of such allowance, adjusted for inflation, and submit such assessment and rate to the President and to Congress.

(b) Application.—Beginning on the first day of the first pay period beginning after the date the Director submits the assessment and rate under subsection (a), such rate shall, notwithstanding subsection (a) of such section 5942, be the rate of such allowance.

SEC. 1114. Limiting the number of local wage areas defined within a pay locality.

(a) Local wage area limitation.—Section 5343(a) of title 5, United States Code, is amended—

(1) in paragraph (1)(B)(i), by striking “(but such” and all that follows through “are employed)”;

(2) in paragraph (4), by striking “and” after the semicolon;

(3) in paragraph (5), by striking the period at the end and inserting “; and”; and

(4) by adding at the end of the following:

“(6) the Office of Personnel Management may define not more than one local wage area within a pay locality, except that this paragraph shall not apply to the pay locality designated as ‘Rest of United States’.”.

(b) Pay locality defined.—Section 5342(a) of title 5, United States Code, is amended—

(1) in paragraph (2)(C), by striking “and” at the end;

(2) in paragraph (3), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following:

“(4) ‘pay locality’ has the meaning given that term under section 5302(5).”.

(c) Regulations.—The Director of the Office of Personnel Management shall prescribe any regulations necessary to carry out this section and the amendments made by this section, including regulations to ensure that this section and the amendments made by this section shall not have the effect of reducing any rate of basic pay payable to any individual who is serving as a prevailing rate employee (as defined under section 5342(a)(2) of title 5, United States Code).

(d) Effective date.—This section and the amendments made by this section shall apply with respect to fiscal year 2022 and each fiscal year thereafter.

TITLE XII—Matters Relating to Foreign Nations

subtitle A—Assistance and Training

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

Section 1202(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1639) is amended by striking “2023 ” and inserting “2025”.

subtitle B—Matters Relating to Afghanistan and Pakistan

SEC. 1211. Clarification of certain matters regarding protection of Afghan allies.

(a) In general.—Section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—

(1) in subsection (b)(2)(C)—

(A) by striking “(I) In general.—An alien is described in this subparagraph if the alien” and inserting the following:

“(i) IN GENERAL.—An alien is described in this subparagraph if the alien”; and

(B) by striking “(II) Employment requirements.—An application” and inserting the following:

“(ii) EMPLOYMENT REQUIREMENTS.—An application”;

(2) in subsection (b)(2)(C)(i), by striking subclause (I), and inserting the following:

“(I) was the spouse or child of a principal alien described in subparagraph (A) who had submitted—

“(aa) an application to the Chief of Mission pursuant to this section; or

“(bb) a petition pursuant to section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 1101 note),

which included the alien as an accompanying spouse or child; and”;

(3) in subsection (b)(2)(C)(i)(II)—

(A) in item (aa), by inserting “application or” before “petition”; and

(B) in item (bb), by inserting “application or” before “petition”; and

(4) in subsection (b)(2)(C)(ii), by inserting “or petition” after “application” each place such term appears.

(b) Sense of Congress.—It is the sense of Congress that—

(1) it is our solemn responsibility to honor the sacrifices made by, and the loyal service of, our many Afghan partners who faithfully served alongside our Armed Forces, our diplomats, and supported United States operations in Afghanistan for the last 20 years;

(2) the United States Government must recognize that commitment and seek to facilitate the safe passage to the United States for those Afghan partners through the Afghan Special Immigrant Visa program;

(3) our Afghan partners performed their services at great personal risk to themselves and their families and that these Afghans, in their service to our security as interpreters and in other capacities, furthered our military and diplomatic mission in Afghanistan; and

(4) the United States Government is grateful for the loyalty of our Afghan partners and expresses our deepest sympathies for what they have lost.

Congress reaffirms its commitment to continuing the work that it has done to honor these Afghans and provide for their safety through the Afghan Special Immigrant Visa program as it has since the program’s inception in 2009 including through the passage of legislation to extend the Afghan Special Immigrant Visa program and provide additional special immigrant visas.

SEC. 1212. Afghanistan Security Forces Fund.

(a) Authorization of appropriations.—Amounts are authorized to be appropriated and are authorized to remain available through December 31, 2022, for the Afghanistan Security Forces Fund for expenditure on costs associated with the termination of Operation Freedom’s Sentinel and termination of related support to the forces of the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan, and may also be made available for storage costs for equipment and other materiel taken into DoD stock pursuant to subsection (b) of this section, contract termination, and close out costs.

(b) Equipment disposition.—

(1) ACCEPTANCE OF CERTAIN EQUIPMENT.—Subject to paragraph (2), the Secretary of Defense may accept equipment that was procured using amounts authorized to be appropriated for the Afghanistan Security Forces Fund by subsection (a) or authorized to be appropriated pursuant to prior Acts and was—

(A) intended for transfer to the security forces of the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan; or

(B) previously accepted by the Government of Afghanistan.

(2) TREATMENT AS DEPARTMENT OF DEFENSE STOCKS.—Equipment accepted under the authority provided under paragraph (1) may be treated as stocks of the Department of Defense upon notification to the congressional defense committees of such treatment.

(3) AUTHORIZATION OF APPROPRIATIONS.—Amounts authorized to be appropriated by this Act for the Afghanistan Security Forces Fund for the authority described in paragraph (1) may be used—

(A) for transportation, storage, and other costs associated with taking equipment accepted under the authority provided under paragraph (1) into stocks of the Department of Defense until alternate disposition is determined; and

(B) to pay for the costs of disposing of such equipment if no other alternate use can be found.

(4) QUARTERLY REPORTS ON EQUIPMENT DISPOSITION.—

(A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act and every 90 days thereafter during the period in which the authority provided under paragraph (1) is exercised, the Secretary shall submit to the congressional defense committees a report describing the equipment accepted during the period covered by such report under the following:

(i) This subsection.

(ii) Any prior Act authorizing the appropriation of funds for the Afghanistan Security Forces Fund pursuant to which such equipment was accepted during such period.

(B) ELEMENTS.—Each report under subparagraph (A) shall include, with respect to the 90-day period for which report is submitted and cumulatively beginning with the date of the submission of the first notification described in subparagraph (A) —

(i) a list of any equipment accepted during such period and treated as stocks of the Department of Defense;

(ii) a description of the circumstances that resulted in such equipment being available for treatment as stocks of the Department of Defense;

(iii) the cost associated with the storage of maintenance of any accepted equipment; and

(iv) the final disposition decisions or actions for all accepted equipment.

SEC. 1213. Prohibition on providing funds or material resources of the Department of Defense to the Taliban.

The Secretary of Defense may not provide any funds or material resources of the Department of Defense to the Taliban.

SEC. 1214. Prohibition on transporting currency to the Taliban and the Islamic Emirate of Afghanistan.

None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available for the operation of any aircraft of the Department of Defense to transport currency or other items of value to the Taliban, the Islamic Emirate of Afghanistan, or any subsidiary, agent, or instrumentality of either the Taliban or the Islamic Emirate of Afghanistan.

SEC. 1215. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393) is amended—

(1) in subsection (a), by striking “for the period beginning on October 1, 2020, and ending on December 31, 2021” and inserting “for the period beginning on October 1, 2021, and ending on December 31, 2022”; and

(2) in subsection (d)—

(A) by striking “during the period beginning on October 1, 2020, and ending on December 31, 2021” and inserting “during the period beginning on October 1, 2021, and ending on December 31, 2022”; and

(B) by striking “$180,000,000” and inserting “$60,000,000”.

SEC. 1216. Quarterly briefings on the security environment in Afghanistan and United States military operations related to the security of, and threats emanating from, Afghanistan.

(a) In general.—The Chairman of the Joint Chiefs of Staff and the Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Under Secretary of Defense for Intelligence and Security, shall provide to the congressional defense committees a quarterly briefing on the security environment in Afghanistan and United States military operations related to the security of, and threats emanating from, Afghanistan.

(b) Elements.—Each quarterly briefing under subsection (a) shall including information relating to the following:

(1) The current security environment in Afghanistan, including the following:

(A) An assessment of foreign terrorist organizations operating within Afghanistan, including the operations of such organizations against targets inside Afghanistan and abroad.

(B) An assessment of Taliban operations against Afghan nationals who assisted United States and coalition forces since 2001.

(2) The disposition of United States forces in the region, including the following:

(A) An update on United States force posture and basing activity in the CENTCOM area of operations as such relates to Afghanistan.

(B) A description of capabilities of forces in the region to execute operations in Afghanistan.

(3) Relevant updates of foreign military operations in the region, including the following:

(A) An assessment of foreign military operations in the region as such relate to Afghanistan.

(B) An assessment of foreign military capabilities to execute operations in Afghanistan.

(C) An assessment of foreign militaries’ relationships with the Taliban or foreign terrorist organizations inside Afghanistan.

(c) Timing.—Each quarterly briefing under subsection (a) shall be conducted on date each quarter of each fiscal year as agreed upon by the Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Policy, the Under Secretary of Defense for Intelligence and Security, and the congressional defense committees.

(d) Classification.—Each quarterly briefing under subsection (a) shall be conducted in a classified format.

SEC. 1217. Quarterly report on the threat potential of Al-Qaeda and related terrorist groups under a Taliban regime in Afghanistan.

(a) In general.—The Secretary of Defense shall prepare and submit to the appropriate congressional committees on a quarterly basis a report on the threat potential of Al-Qaeda and related terrorist groups under a Taliban regime in Afghanistan.

(b) Matters to be included.—The report required by subsection (a) shall include the implications of Al-Qaeda and related terrorist groups, including the Islamic State of Iraq and Syria (ISIS), the Islamic State Khurasan (ISK), and the Haqqani Network, operating within a Taliban-held Afghanistan, the region, and globally.

(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1218. Sense of Congress.

It is the sense of Congress that—

(1) the men and women of the United States Armed Forces performed heroically by securing Hamid Karzai International Airport and facilitating the evacuation of thousands of United States citizens;

(2) these servicemembers have executed the largest Noncombatant Evacuation Operation (NEO) in United States history, saving the lives of thousands of men, women, and children;

(3) these servicemembers should be commended for their courageous and noble service to their country, having acquitted themselves in a manner that should make every American proud; and

(4) the service and lives of the 11 Marines, a sailor, and a soldier who gave their lives in service of this mission should be remembered for their valor and humanity, having made the ultimate sacrifice in service to their Nation.

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.

(a) In general.—Subsection (a) of section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3451) is amended by striking “December 31, 2021” and inserting “December 31, 2022”.

(b) Notice before provision of assistance.—Subsection (b)(2)(A) of such section is amended by striking “or fiscal year 2021” and inserting “fiscal year 2021, or fiscal year 2022”.

SEC. 1222. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.

(a) Limitation on amount.—Subsection (c) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended—

(1) by striking “fiscal year 2021” and inserting “fiscal year 2022”; and

(2) by striking “$25,000,000” and inserting “$30,000,000”.

(b) Source of funds.—Subsection (d) of such section is amended by striking “fiscal year 2021” and inserting “fiscal year 2022”.

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

(a) In general.—Subsection (a) of section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558) is amended by striking “December 31, 2021” and inserting “December 31, 2022”.

(b) Funding.—Subsection (g) of such section is amended—

(1) by striking “fiscal year 2021” and inserting “fiscal year 2022”; and

(2) by striking “$322,500,000” and inserting “$345,000,000”.

(1) IN GENERAL.—Of the amounts made available for fiscal year 2021 (and available for obligation as of the date of the enactment of this Act) and fiscal year 2022 to carry out section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558), not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense and the Secretary of State submit to appropriate congressional committees a report that contains the following:

(A) A comprehensive strategy and plan to train and build lasting and sustainable military capabilities of the Iraqi security forces using existing authorities.

(B) A whole-of-government plan to engage the Government of Iraq and the Kurdistan Regional Government in security sector reform to professionalize, strengthen, and sustainably build the capacity of Iraq’s national defense and security institutions.

(C) A description of the current status, capabilities, and operational capacity of remaining Islamic State of Iraq and Syria elements active in Iraq and Syria.

(2) ADDITIONAL REPORTING REQUIREMENT.—The Secretary of Defense and Secretary of State shall submit to appropriate congressional committees a report that contains information relating to any gross violations of human rights committed by units of the Iraqi security forces.

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term “appropriate congressional committees” means—

(A) the congressional defense committees; and

(B) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

SEC. 1224. Prohibition of transfers to Badr organization.

None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available, directly or indirectly, to the Badr Organization.

SEC. 1225. Prohibition on transfers to Iran.

None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available to transfer or facilitate a transfer of pallets of currency, currency, or other items of value to the Government of Iran, any subsidiary of such Government, or any agent or instrumentality of Iran.

SEC. 1226. Report on Iran-China military ties.

Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 4 years, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that includes a detailed assessment of—

(1) military ties between China and Iran since the expiration of United Nations Security Resolution 2231 in October 2020, including in the form of joint drills, weapons transfers, military visits, illicit procurement activities, and other sources of Chinese material support for Iranian military capabilities; and

(2) the direct or indirect impact that the suspension, issuance, or revocation of any waiver, license, or suspension of economic sanctions on Iran may have on the use or effectiveness of such tools.

SEC. 1227. Report on Iranian military capabilities.

Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that includes a detailed description of—

(1) improvements to Iranian military capabilities in the preceding 180-day period, including capabilities of the Islamic Revolutionary Guard Corps, the Quds Force, the Artesh, and the Basij, as well as those of its terrorist proxies; and

(2) the direct or indirect impact that the suspension, issuance, or revocation of any waiver, license, or suspension of economic sanctions on Iran may have on such capabilities.

SEC. 1228. Report on Iranian terrorist proxies.

(1) improvements to the military capabilities of Iran-backed militias, including Lebanese Hezbollah, Asa’ib ahl al-Haq, Harakat Hezbollah al-Nujaba, Kata’ib Sayyid al-Shuhada, Kata’ib al-Imam Ali, Kata’ib Hezbollah, the Badr Organization, the Fatemiyoun, the Zainabiyoun, and Ansar Allah (also known as the Houthis); and

(2) the direct or indirect impact that the suspension, issuance, or revocation of any waiver, license, or suspension of economic sanctions on Iran may have on such capabilities.

subtitle D—Matters Relating to Russia

SEC. 1231. Extension of limitation on military cooperation between the United States and Russia.

Section 1232(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488), is amended by striking “2020, or 2021” and inserting “2020, 2021, or 2022”.

SEC. 1232. Prohibition on availability of funds relating to sovereignty of Russia over Crimea.

(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of Russia over Crimea.

(b) Waiver.—The Secretary of Defense, with the concurrence of the Secretary of State, may waive the restriction on the obligation or expenditure of funds required by subsection (a) if the Secretary of Defense—

(1) determines that to do so is in the national security interest of the United States; and

(2) submits a notification of the waiver, at the time the waiver is invoked, to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

SEC. 1233. Modification and extension of Ukraine Security Assistance Initiative.

Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended as follows:

(1) In subsection (c)—

(A) in paragraph (1), by striking “funds available for fiscal year 2021 pursuant to subsection (f)(6)” and inserting “funds available for fiscal year 2022 pursuant to subsection (f)(7)”;

(B) in paragraph (3), by striking “fiscal year 2021” and inserting “fiscal year 2022”; and

(C) in paragraph (5), by striking “Of the funds available for fiscal year 2021 pursuant to subsection (f)(6), $75,000,000 shall be available” and inserting “Of the funds available for fiscal year 2022 pursuant to subsection (f)(7), $50,000,000 shall be available”.

(2) In subsection (f), by adding at the end the following:

“(7) For fiscal year 2022, $300,000,000.”.

(3) In subsection (h), by striking “December 31, 2023” and inserting “December 31, 2024”.

SEC. 1234. Report on options for assisting the Government of Ukraine in addressing integrated air and missile defense gaps.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the United States remains a steadfast partner of Ukraine; and

(2) it is in the United States national security interest assist the Government of Ukraine in countering Russian military aggression.

(b) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on options for how the United States could support the Government of Ukraine in addressing integrated air and missile defense gaps. Such report shall include options for the foreign military sale of United States systems or the transfer of existing systems that are not being allocated through global force management.

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

(a) Report required.—Not later than April 1, 2022, and on a biennial basis thereafter until April 1, 2024, the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence and the heads of any other appropriate department or agency, shall jointly submit to the appropriate congressional committees a report on Russian influence operations and campaigns that target United States military alliances and partnerships.

(b) Elements.—The report required under subsection (a) shall include each of the following:

(1) An assessment of Russia’s objectives for influence operations and campaigns targeting United States military alliances and partnerships and how such objectives relate to Russia’s broader strategic aims.

(2) The activities and roles of the Department of Defense and Department of State in the United States government strategy to counter such Russian influence operations and campaigns.

(3) A comprehensive list of specific Russian state and non-state entities, or those of any other country with which Russia may cooperate, involved in supporting such Russian influence operations and campaigns and the role of each entity in such support.

(4) An identification of the tactics, techniques, and procedures used in previous Russian influence operations and campaigns.

(5) An assessment of the impact of previous Russian influence operations and campaigns targeting United States military alliances and partnerships, including the views of senior Russian officials about the effectiveness of such operations and campaigns in achieving Russian objectives.

(6) An identification of each United States ally and partner, and each military alliance of which the United States is a member, that has been targeted by Russian influence operations and campaigns.

(7) An identification of each United States ally and partner, and each military alliance of which the United States is a member, that may be targeted in future Russian influence operations and campaigns, and an assessment of the likelihood that each such ally, partner, or alliance will be targeted.

(8) An identification of tactics, techniques, and procedures likely to be used in future Russian influence operations and campaigns targeting United States military alliances and partnerships.

(9) Recommended authorities or activities for the Department of Defense and Department of State in the United States government strategy to counter such Russian influence operations and campaigns.

(10) Any other matters the Secretaries determine appropriate.

(1) FORM.—The report required under subsection (a) shall be submitted in unclassified form and in a manner appropriate for release to the public, but may include a classified annex.

(2) UPDATES.—Each report submitted pursuant to subsection (a) after the submission of the first report shall highlight changes and new developments that have occurred since the previous report and may omit to restate in full the contents of any previous report.

(d) Definitions.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the congressional defense committees;

(B) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate; and

(C) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

(2) UNITED STATES MILITARY ALLIANCES AND PARTNERSHIPS.—The term “United States military alliances and partnerships” includes each military alliance or partnership of which the United States is a member.

SEC. 1236. Sense of Congress on Georgia.

(a) Findings.—Congress finds the following:

(1) Georgia is a valued friend of the United States and has repeatedly demonstrated its commitment to advancing the mutual interests of both countries, including strong participation in the State Partnership Program of the National Guard between the Georgia National Guard and the Georgian armed forces.

(2) The contributions of the Georgian armed forces have been remarkable with members of the Georgia National Guard having fought side-by-side with Georgian soldiers in Iraq and Afghanistan.

(3) Georgia’s geographic location gives it strategic importance as a transit corridor.

(4) The resilience of Georgia’s democratic institutions is critical to its Euro-Atlantic integration.

(b) Sense of congress.—It is the sense of Congress that the United States should—

(1) reaffirm support for an enduring strategic partnership between the United States and Georgia;

(2) support Georgia’s sovereignty and territorial integrity within its internationally recognized borders and not recognize the independence of the Abkhazia and South Ossetia regions currently occupied by the Russian Federation;

(3) continue support for multi-domain security assistance for Georgia in the form of lethal and non-lethal measures to build resiliency, bolster deterrence against Russian aggression, and promote stability in the region, by—

(A) strengthening defensive capabilities and promote readiness; and

(B) improving interoperability with NATO forces;

(4) further enhance security cooperation and engagement with Georgia and other Black Sea regional partners; and

(5) continue to work with Georgia’s political leaders to strengthen Georgia’s democratic institutions.

subtitle E—Matters Relating to the Indo-Pacific Region

SEC. 1241. Sense of Congress on a free and open Indo-Pacific region.

It is the sense of Congress that—

(1) the United States is steadfast in its commitment to upholding the rules-based international order, freedom of navigation, and shared values in a free and open Indo-Pacific region;

(2) maintenance of a free and open Indo-Pacific region is essential to global security and crucial to the national security objectives of the United States, its allies, and partners;

(3) United States alliances and partnerships are the cornerstone of efforts to deter aggression and counter malign activity by the Governments of the People’s Republic of China and the Democratic People’s Republic of North Korea, and to ensure the maintenance of a free and open Indo-Pacific region;

(4) the United States remains steadfast in its commitments to allies and partners against aggression and malign activity, and will continue to strengthen cooperation in bilateral relationships, multilateral partnerships such as the Quad, and other international fora to uphold global security and shared principles; and

(5) the United States should continue to invest in enhanced military posture and capabilities in the United States Indo-Pacific Command area of responsibility.

SEC. 1242. Clarification of required budget information related to the Indo-Pacific.

Section 1251(e) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by adding at the end the following:

“(10) A description of the manner and extent to which the amounts, summaries, and comparisons required by this subsection directly address the items identified in—

“(A) the independent assessment required under section 1253 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92); and

“(B) the plan required by subsection (d).”.

SEC. 1243. Report on cooperation between the National Guard and Taiwan.

(a) Report.—Not later than February 15, 2022, the Secretary of Defense shall submit to appropriate congressional committees a report on the feasibility and advisability of enhanced cooperation between the National Guard and Taiwan. Such report shall include the following:

(1) A description of the cooperation between the National Guard and Taiwan during the 10 preceding calendar years, including mutual visits, exercises, training, and equipment opportunities.

(2) An evaluation of the feasibility and advisability of enhancing cooperation between the National Guard and Taiwan on a range of activities, including—

(A) disaster and emergency response;

(B) cyber defense and communications security;

(D) cultural exchange and education of members of the National Guard in Mandarin Chinese; and

(E) programs for National Guard advisors to assist in training the reserve components of the military forces of Taiwan.

(3) Recommendations to enhance such cooperation and improve interoperability, including through familiarization visits, cooperative training and exercises, and co-deployments.

(4) Any other matter the Secretary of Defense determines appropriate.

(b) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees;

(2) the Committee on Foreign Affairs of the House of Representatives; and

(3) the Committee on Foreign Relations of the Senate.

SEC. 1244. Report on military and security developments involving the People’s Republic of China.

(a) In general.—Not later than January 31, 2022, and annually thereafter until January 31, 2026, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a report, in both classified and unclassified form, on military and security developments involving the People’s Republic of China.

(b) Matters to be addressed.—The report required by subsection (a) shall address the following:

(1) The current and probable future course of military-technological development of the People’s Liberation Army and the tenets and probable development of Chinese security strategy and military strategy, and of military organizations and operational concepts, through the next 20 years.

(2) United States-China engagement and cooperation on security matters during the period covered by the report, including through United States-China military-to-military contacts, and the United States strategy for such engagement and cooperation in the future.

(1) The objectives, factors, and trends shaping Chinese security strategy and military strategy.

(2) Developments in China’s defense policy, military strategy, and the roles and missions of the People’s Liberation Army.

(3) The People’s Liberation Army’s role in the Chinese Communist Party, including the structure and leadership of the Central Military Commission.

(4) Developments in the People’s Liberation Army’s military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments.

(5) Trends and developments in the People’s Liberation Army’s budget and resources and strategies and policies related to science and technology, defense industry reform, and China’s use of espionage and technology transfers.

(6) Developments and future course of the People’s Liberation Army’s theater and functional commands, including their roles and missions, structure, and the size, location, and capabilities of their strategic, land, sea, air, and other forces, and the strengths or weaknesses thereof.

(7) A detailed summary of the order of battle of the People’s Liberation Army, including—

(A) anti-access and area denial capabilities;

(B) ballistic and cruise missile inventories;

(D) space and counter space programs and capabilities;

(E) nuclear program and capabilities; and

(F) command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities.

(8) Developments relating to the China Coast Guard.

(9) Developments in the People’s Liberation Army’s overseas presence, including military basing, military logistics capabilities and infrastructure, access to foreign ports or military bases, and whether such presence could affect United States national security or defense interests.

(10) The relationship between Chinese overseas investment and Chinese security and military strategy objectives.

(11) A description of any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including a forecast of possible future sales and transfers.

(12) Efforts, including by espionage and technology transfers through investment, by China to develop, acquire, or gain access to advanced technologies that would enhance military capabilities.

(13) The People’s Liberation Army’s internal security role and its affiliations with the People’s Armed Police and other Chinese law enforcement, intelligence, and paramilitary entities, including any activities supporting or implementing mass surveillance, mass detentions, forced labor, or other gross violations of human rights.

(14) A description of Chinese military-to-military relationships with other countries, including the Russian Federation.

(15) China’s strategy regarding Taiwan and the security situation in the Taiwan Strait.

(16) A description of China’s maritime strategy, its military and nonmilitary activities in the South China Sea and East China Sea, to include roles and activities of the People’s Liberation Army and China’s maritime law enforcement and paramilitary organizations.

(17) The current state of United States military-to-military contacts with the People’s Liberation Army, including a summary of such contacts during the period covered by the report, a description of such contacts for the 12-month period following the report, the Secretary’s assessment of the benefits of such contacts, and the Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a) of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 311 note).

(18) Other significant military and security developments involving China that the Secretary of Defense considers relevant to United States national security.

(d) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 1245. Biennial report on influence operations and campaigns of the Government of the People’s Republic of China targeting military alliances and partnerships of which the United States is a member.

(a) In general.—Not later than April 1, 2022, and on a biennial basis thereafter until April 1, 2024, the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence and the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a report on the influence operations and campaigns of the Government of the People’s Republic of China (PRC) targeting military alliances and partnerships of which the United States is a member.

(b) Matters to be included.—The report required by subsection (a) shall include the following:

(1) An assessment of the PRC Government’s objectives in such operations and campaigns and how such objectives relate to the PRC Government’s broader strategic aims.

(2) The activities and roles of the Department of Defense and Department of State in the United States Government strategy to counter such influence operations and campaigns of the PRC Government.

(3) A comprehensive list of specific PRC state and non-state entities, or any other states with which the PRC may cooperate, involved in supporting such operations and campaigns and the role of each such entity in supporting such operations and campaigns.

(4) An identification of the tactics, techniques, and procedures used in previous influence operations and campaigns of the PRC Government.

(5) An assessment of the impact of previous influence operations and campaigns of the PRC Government, including the views of senior PRC Government officials about their effectiveness in achieving PRC Government objectives.

(6) An identification of all United States military alliances and partnerships that have been targeted by influence operations and campaigns of the PRC Government.

(7) An identification of all United States military alliances and partnerships that may be targeted in future influence operations and campaigns of the PRC Government and an assessment of the likelihood that each such partnership or alliance will be targeted.

(8) An identification of tactics, techniques, and procedures likely to be used in future influence operations and campaigns of the PRC Government.

(9) Recommended authorities or activities for the Department of Defense and Department of State in the United States Government strategy to counter such influence operations and campaigns of the PRC Government.

(10) Any other matters the Secretaries determine to be appropriate.

(c) Form.—The report required by subsection (a) shall be submitted in unclassified form and appropriate for release to the public, but may include a classified annex.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees;

(2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and

(3) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 1246. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean.

(a) Report.—Not later than June 15, 2022, the Secretary of Defense, with the concurrence of the Secretary of State and in coordination with the Secretary of the Treasury and the Director of National Intelligence, shall submit to the appropriate congressional committees a report that identifies efforts by the Government of the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean through diplomatic, military, economic, and other means, and describes the implications of such efforts on the United States’ national defense and security interests.

(b) Elements.—The report required under subsection (a) shall include the following:

(1) An identification of—

(A) countries of Latin America and the Caribbean with which the Government of the People’s Republic of China maintains especially close diplomatic, military, and economic relationships;

(B) the number and content of strategic partnership agreements or similar agreements, including any non-public, secret, or informal agreements, that the Government of the People’s Republic of China has established with countries and regional organizations of Latin America and the Caribbean;

(C) countries of Latin America and the Caribbean that have joined the Belt and Road Initiative or the Asian Infrastructure Investment Bank;

(D) countries of Latin America and the Caribbean to which the Government of the People’s Republic of China provides foreign assistance or disaster relief, including access to COVID–19 vaccines, including a description of the amount and purpose of, and any conditions attached to, such assistance;

(E) countries and regional organizations of Latin America and the Caribbean in which the Government of the People’s Republic of China, including its state-owned or state-directed enterprises and banks, have undertaken significant investments, infrastructure projects, and correspondent banking and lending activities at the regional, national, and subnational levels;

(F) recent visits by senior officials of the Government of the People’s Republic of China, including its state-owned or state-directed enterprises and banks, to Latin America and the Caribbean, and visits by senior officials from Latin America and the Caribbean to the People’s Republic of China;

(G) the existence of any defense exchanges, military or police education or training, and exercises between any military or police organization of the Government of the People’s Republic of China and military, police, or security-oriented organizations of countries of Latin America and the Caribbean;

(H) countries and regional organizations of Latin America and the Caribbean that maintain diplomatic relations with Taiwan;

(I) any steps that the Government of the People’s Republic of China has taken to encourage countries and regional organizations of Latin America and the Caribbean to switch diplomatic relations to the People’s Republic of China instead of Taiwan; and

(J) any other matters the Secretary of Defense and the Secretary of State determine is appropriate.

(2) A detailed description of—

(A) the relationship between the Government of the People’s Republic of China and the Government of Venezuela and the Government of Cuba;

(B) Government of the People’s Republic of China military installations, assets, and activities in Latin America and the Caribbean that currently exist or are planned for the future;

(C) sales or transfers of defense articles and services by the Government of the People’s Republic of China to countries of Latin America and the Caribbean;

(D) a comparison of sales and transfers of defense articles and services to countries of Latin America and the Caribbean by the Government of the People’s Republic of China, the Russian Federation, and the United States;

(E) any other form of military, paramilitary, or security cooperation between the Government of the People’s Republic of China and the governments of countries of Latin America and the Caribbean;

(F) the nature, extent, and purpose of the Government of the People’s Republic of China’s intelligence activities in Latin America and the Caribbean;

(G) the Government of the People’s Republic of China’s role in transnational crime in Latin America and the Caribbean, including trafficking and money laundering and including any links to the People’s Liberation Army;

(H) efforts by the Government of the People’s Republic of China to expand the reach and influence of its financial system within Latin America and the Caribbean, through banking activities and payments systems and through goods and services related to the use of the digital yuan; and

(I) efforts by the Government of the People’s Republic of China to build its media presence in Latin America and the Caribbean, and any government-directed disinformation or information warfare campaigns in the region, including for military purposes or with ties to the People’s Liberation Army.

(3) An assessment of—

(A) the specific objectives that the Government of the People’s Republic of China seeks to achieve by expanding its presence and influence in Latin America and the Caribbean, including any objectives articulated in official documents or statements;

(B) whether certain investments by the Government of the People’s Republic of China, including in port projects, canal projects, and telecommunications projects in Latin America and the Caribbean, could have military uses or dual use capability or could enable the Government of the People’s Republic of China to monitor or intercept United States or host nation communications;

(C) the degree to which the Government of the People’s Republic of China uses its presence and influence in Latin America and the Caribbean to encourage, pressure, or coerce governments in the region to support its defense and national security goals, including policy positions taken by it at international institutions;

(D) documented instances of governments of countries of Latin America and the Caribbean silencing, or attempting to silence, local critics of the Government of the People’s Republic of China, including journalists, academics, and civil society representatives, in order to placate the Government of the People’s Republic of China;

(E) the rationale for the Government of the People’s Republic of China becoming an observer at the Organization of American States and a non-borrowing member of the Inter-American Development Bank and the Caribbean Development Bank;

(F) the relationship between the Government of the People’s Republic of China and the Community of Latin American and Caribbean States (CELAC), a regional organization that excludes the United States, and the role of the China-CELAC Forum in coordinating such relationship; and

(G) the specific actions and activities undertaken by the Government of the People’s Republic of China in Latin America and the Caribbean that present the greatest threat or challenge to the United States’ defense and national security interests in the region.

(c) Form.—The report required under subsection (a) shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex.

(d) Definitions.—In this Act:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(B) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate.

(2) LATIN AMERICA AND THE CARIBBEAN.—The terms “Latin America and the Caribbean” and “countries of Latin America and the Caribbean” mean the countries and non-United States territories of South America, Central America, the Caribbean, and Mexico.

SEC. 1247. Sense of Congress on Taiwan defense relations.

It is the sense of Congress that—

(1) the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations;

(2) as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States;

(3) the increasingly coercive and aggressive behavior of the People’s Republic of China toward Taiwan is contrary to the expectation of the peaceful resolution of the future of Taiwan;

(4) as set forth in the Taiwan Relations Act, the capacity to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan should be maintained;

(5) the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by—

(A) supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan, including anti-ship, coastal defense, anti-armor, air defense, undersea warfare, advanced command, control, communications, computers, intelligence, surveillance, and reconnaissance, and resilient command and control capabilities;

(B) ensuring timely review of and response to requests of Taiwan for defense articles and services;

(C) conducting practical training and military exercises with Taiwan that enable Taiwan to maintain a sufficient self- defense capability, as described in the Taiwan Relations Act;

(D) exchanges between defense officials and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act (Public Law 115–135; 132 Stat. 341), especially for the purposes of—

(i) enhancing cooperation on defense planning;

(ii) improving the interoperability of the military forces of the United States and Taiwan; and

(iii) improving the reserve force of Taiwan;

(E) identifying improvements in Taiwan’s ability to use asymmetric military capabilities to enhance its defensive capabilities, as described in the Taiwan Relations Act; and

(F) expanding cooperation in humanitarian assistance and disaster relief; and

(6) the United States should be committed to the defense of a free and open society in the face of aggressive efforts by the Government of the People’s Republic of China to curtail or influence the free exercise of rights and democratic franchise.

SEC. 1248. Sense of Congress on inviting Taiwan to the Rim of the Pacific exercise.

It is the sense of Congress that the naval forces of Taiwan should be invited to participate in the Rim of the Pacific exercise conducted in 2022.

SEC. 1249. Sense of Congress on enhancing defense and security cooperation with Singapore.

It is the sense of Congress as follows:

(1) The United States and Singapore have built a strong, enduring, and forward-looking strategic partnership based on long-standing and mutually beneficial cooperation, including through security, defense, economic, and people-to-people ties.

(2) Robust security cooperation between the United States and Singapore is crucial to promoting peace and stability in the Indo-Pacific region.

(3) The status of Singapore as a “Major Security Cooperation Partner” of the United States, as recognized in the Strategic Framework Agreement between the United States and the Republic of Singapore for a Closer Partnership in Defense and Security, done at Washington, D.C. on July 12, 2005, plays an important role in the global network of strategic partnerships, especially in promoting maritime security and countering terrorism.

(4) The United States values Singapore’s provision of access to its military facilities, which supports the continued security presence of the United States in Southeast Asia and across the Indo-Pacific region.

(5) The United States should continue to welcome the presence of the military forces of Singapore in the United States for exercises and training, and should consider opportunities to expand such activities at additional locations in the United States as appropriate, including through cooperation mechanisms such as the memorandum of understanding agreed to by the United States and Singapore in December 2019 to establish a fighter jet training detachment in Guam.

(6) The United States should continue to strengthen all aspects of the bilateral defense relationship with Singapore, which benefitted from the signing of the 2015 enhanced Defense Cooperation Agreement to expand cooperation in the military, policy, strategic and technology spheres, as well as cooperation in non-conventional security areas such as piracy and transnational terrorism, humanitarian assistance and disaster relief, cyber-security, and biosecurity.

(7) As the United States and Singapore have renewed the 1990 Memorandum of Understanding Regarding the United States Use of Facilities in Singapore and mark the 55th anniversary of bilateral relations in 2021, the United States should—

(A) continue to enhance defense and security cooperation with Singapore to promote peace and stability in the Indo-Pacific region based on common interests and shared values;

(B) reinforce the status of Singapore as a major security cooperation partner of the United States; and

(C) explore additional steps to better facilitate interoperability between the United States Armed Forces and the military forces of Singapore to promote peace and stability in the Indo-Pacific region.

SEC. 1250. Sense of Congress.

It is the sense of Congress that—

(1) South Korea continues to be a critical ally of the United States;

(2) the presence of United States Armed Forces in South Korea serves as a strong deterrent against North Korean military aggression and as a critical support platform for national security engagements in the Indo-Pacific region;

(3) the presence of approximately 28,500 members of the United States Armed Forces deployed to South Korea serves not only as a stabilizing force to the Korean peninsula but also as a reassurance to all our allies in the region; and

(4) the United States should continue to—

(A) maintain and strengthen its bilateral relationship with South Korea and with other regional allies such as Japan; and

(B) maintain its existing robust military presence in South Korea to deter aggression against the United States and its allies and partners.

SEC. 1251. Sense of Congress with respect to Qatar.

It is the sense of Congress that—

(1) the United States and the country of Qatar have built a strong, enduring, and forward-looking strategic partnership based on long-standing and mutually beneficial cooperation, including through security, defense, and economic ties;

(2) robust security cooperation between the United States and Qatar is crucial to promoting peace and stability in the Middle East region;

(3) Qatar plays a unique role as host of the forward headquarters for the United States Central Command, and that partnership facilitates United States coalition operations countering terrorism;

(4) Qatar is a major security cooperation partner of the United States, as recognized in the 2018 Strategic Dialogue and the 2019 Memorandum of Understanding to expand Al Udeid Air Base to improve and expand accommodation for United States military personnel;

(5) the United States values Qatar’s provision of access to its military facilities and its management and financial assistance in expanding the Al Udeid Air Base, which supports the continued security presence of the United States in the Middle East region; and

(6) the United States should continue to strengthen the relationship between the United States and Qatar, including through security and economic cooperation.

SEC. 1252. Statement of policy.

(a) In general.—It shall be the policy of the United States to maintain the ability of the United States Armed Forces to deny a fait accompli by a strategic competitor against a covered defense partner.

(b) Definitions.—In this section:

(1) COVERED DEFENSE PARTNER.—The term “covered defense partner” means a partner identified in the “Department of Defense Indo-Pacific Strategy Report” issued on June 1, 2019, located within 100 miles off the coast of a strategic competitor.

(2) FAIT ACCOMPLI.—The term “fait accompli” means the strategy of a strategic competitor designed to allow such strategic competitor to use military force to seize control of a covered defense partner before the United States Armed Forces are able to respond effectively.

(3) STRATEGIC COMPETITOR.—The term “strategic competitor” means a country labeled as a strategic competitor in the “Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge” issued by the Department of Defense pursuant to section 113 of title 10, United States Code.

TITLE XIII—Other Matters Relating to Foreign Nations

subtitle A—Matters Relating to Europe and NATO

SEC. 1301. Report on the state of United States military investment in Europe including the European Deterrence Initiative.

Not later than February 25, 2022, the Secretary of Defense, in coordination with the Commander of United States European Command, shall submit to the congressional defense committees a report assessing the current state of United States defense investment in Europe, including the European Deterrence Initiative. The report shall include the following elements:

(1) An assessment of the current progress made by the Department of Defense toward achieving the goals of the European Deterrence Initiative over its lifetime and a description of the major changes in focus, resourcing, and emphasis that have occurred over that lifetime.

(2) An assessment of the current state of United States defense posture in Europe, including a comprehensive assessment of the state of military mobility and the current ability of the United States to rapidly manifest and transit forces to Europe’s eastern front in a crisis with a contested logistics environment, and the corresponding levels and timelines with respect to such ability.

(3) An assessment of United States defense logistics gaps or risks such as bridging equipment and rail gauge mitigations that would be exacerbated in a contingency.

(4) An assessment of the current state of United States prepositioned stocks in Europe, including the current timeline for their completion under the European Deterrence Initiative.

(5) An assessment of the current state of United States munitions in Europe, including their current levels, the adequacy of those levels for United States needs in a European contingency, and a description of the Department’s plan to bring those munitions stocks to adequate levels.

(6) An assessment of the current state of fuel availability and supporting infrastructure in Europe and the adequacy of those supplies for United States needs in a European contingency.

(7) A description of the manner and extent to which United States military investment planning in the European theater incorporates assessments of relevant regulatory policies in the European theater relating to installation energy and the planning and design of military construction projects at these installations.

(8) An assessment of the current state of United States anti-submarine warfare assets, organization, and resources in the European Command and Second Fleet areas of responsibility, including—

(A) their sufficiency to counter Russian submarine threats; and

(B) the sufficiency of United States sonobuoy stocks, anti-submarine warfare platforms, and undersea sensing equipment.

(9) An assessment of the current state of the United States naval presence in the European Command area of responsibility and its ability to respond to challenges in the Black Sea, Mediterranean, and Arctic, including a description of any future plans regarding increased naval force structure forward stationed in Europe by 2025.

(10) An assessment of the current state of United States Air Force operational planning and resourcing in the European theater, including the current state of prepositioned Air Force equipment, activities, and relevant infrastructure.

(11) An assessment of the current state of United States defense information warfare capabilities in the European Command area of responsibility and any defense resources required or defense policies needed to strengthen these efforts.

(12) An assessment of the current state of United States military capabilities for countering Russian aggression and hybrid warfare in the European theater, including cyber capabilities.

(13) An assessment of the current state of United States military electromagnetic warfare capabilities in the European theater.

(14) An assessment of the current state of United States military sea- and airlift capabilities to support contingency operations in the European theater.

(15) An assessment of all purchases, investments, and expenditures made by any Armed Force under the jurisdiction of the Secretary of a military department and funded by the European Deterrence Initiative, since its inception, that have been diverted for purposes or uses other than the objectives of the European Deterrence Initiative, including a list of all purchases, investments, and expenditures that have been funded under the European Deterrence Initiative since its inception that were not ultimately employed for the purposes of the initiative and their respective dollar values.

(16) An assessment of the current state of European Deterrence Initiative military construction efforts in Europe.

(17) An analysis of the impact that deferred military construction efforts authorized under section 2808 of title 10, United States Code, have had on the European Deterrence Initiative, including—

(A) impacts on timelines to establish a deterrence platform in Europe;

(B) implications for deterrence capabilities in Europe; and

(C) a description of the Department of Defense’s plan to address these impacts including its intended final disposition for the impacted military construction projects.

(18) A description of the current status of the European Infrastructure Consolidation program, including a list of all divestments completed under the program after January 1, 2016, and all currently contemplated divestments under the program.

(19) Any other information that the Secretary of Defense determines relevant.

SEC. 1302. Sense of Congress on United States defense posture in Europe.

It is the sense of Congress as follows:

(1) The United States is steadfastly committed to upholding and strengthening its defense alliances and partnerships in the European theater. The North Atlantic Treaty Organization (NATO) alliance is the bedrock of these relationships, which are central to deterring Russian aggression, upholding territorial integrity and sovereignty in Europe, countering malign efforts to undermine the rules-based international order and disrupt shared values, fostering international cooperation against collective challenges, and advancing shared national security objectives worldwide.

(2) United States allies in Europe have made substantial strides on responsibility-sharing and defense investment since the Wales Declaration in 2014 and should be commended for their ongoing efforts to increase complementary investments in NATO deterrence capacity. These efforts have provided an accumulated increase of more than $130,000,000,000 in foreign investments between 2016 and 2020 to strengthen trans-Atlantic security, and it is essential that the United States continue to press NATO allies to achieve their Wales Summit pledges and continue to make progress on greater complementary defense investments.

(3) The behavior of the Russian Government has not improved and has, in many aspects, become increasingly belligerent since the invasion of Ukraine in 2014, with respect to—

(A) military efforts to disrupt the territorial integrity of sovereign countries in Europe;

(B) threats against the United States, NATO, and other United States partners;

(D) efforts to disrupt United States alliances, partnerships, and values;

(E) acts such as assassination and the use of chemical weapons on the territory of other sovereign countries; and

(F) other high-risk, disruptive efforts.

(4) Continued commitment to enhancing the United States and allied force posture in Europe is indispensable for efforts to establish and sustain a credible deterrent against Russian aggression and long-term strategic competition by the Russian government. The Secretary of Defense must continue to—

(A) support the European Deterrence Initiative and other investments in a strengthened United States and allied force posture in Europe;

(B) support rotational deployments and robust exercises in the European theater;

(C) complete efforts to establish prepositioned stocks and effective staging infrastructure to maintain credible deterrence against Russian threats;

(D) invest effectively in multi-service, cyber, information, and air defense efforts to counter modern military challenges, enhance the survivability and flexibility of the United States force posture, logistics, and planning; and

(E) consider whether additional forward-positioned forces in Europe would reduce cost and strain, enhance credibility, and strengthen capabilities.

SEC. 1303. Sense of Congress on security assistance to the Baltic countries.

(a) Findings.—Congress finds the following:

(1) The United States has cumulatively allocated over $498,965,000 in Department of Defense partner capacity funding for the Baltic countries since fiscal year 2018, including over $219,000,000 for the Baltic security efforts known as the “Baltic Security Initiative”, executed using sections 332 and 333 of title 10, United States Code, including assistance with respect to air defense, maritime situational awareness, ammunition, C4ISR, anti-tank capability, special forces, and other defense capabilities.

(2) The Secretary of Defense has completed the comprehensive Baltic Defense Assessment required by section 1246 of the National Defense Authorization Act for Fiscal Year 2020 and has recommended continued robust, comprehensive investment Baltic security efforts in accordance with that assessment, with assistance executed using such sections 332 and 333.

(3) The Secretary of Defense has assessed that the authority granted by such sections 332 and 333 affords the most efficient and effective authority to provide this assistance to the Baltic countries, and that attempting to provide the assistance pursuant to alternate authorities would hamper the Department’s ability to deliver assistance and implement the investment program established by the Baltic Defense Assessment.

(b) Sense of Congress.—Congress strongly supports the robust assistance to accomplish United States strategic objectives in accordance with sections 332 and 333 of title 10, United States Code, including by providing assistance to the Baltic countries using those sections, funded by the Baltic Security Initiative. It is the sense of Congress that the security of the Baltic region is crucial to the security of the NATO alliance and these efforts are critical to ensure continued deterrence against Russian aggression and bolster allied security.

subtitle B—Security Cooperation and Assistance

SEC. 1311. Extension of authority for certain payments to redress injury and loss.

Section 1213(a) of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 2731 note) is amended by striking “December 31, 2022” and inserting “December 31, 2023”.

SEC. 1312. Foreign Area Officer assessment and review.

(a) Findings.—Congress finds the following:

(1) Foreign Area Officers of the Army and their equivalent positions in the other Armed Forces (in this section referred to as “FAOs”) are trained to manage, grow, and enhance security cooperation relationships between the United States and foreign partners and to build the overall military capacity and capabilities of foreign partners.

(2) At present, some senior defense official positions in United States embassies are filled by officers lacking the necessary skills, training, and experience to strengthen the relationships between the United States and its critical partners and allies.

(3) FAOs are trained to fill those positions, and deficiencies in the equitable use, assessment, promotion, diversity and inclusion of such officers, as well as limitations on career opportunities, undermine the ability of the Department of Defense to strengthen partnerships and alliances of the United States.

(4) A federally funded research and development center can provide a roadmap to correcting these deficiencies, strengthening the FAO branch, and placing qualified FAOs in positions of positive influence over United States partnerships and alliances.

(b) Assessment and review required.—

(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with a federally funded research and development center to conduct an independent assessment and comprehensive review of the process by which Foreign Area Officers and their equivalent positions in the other Armed Forces (in this section referred to as “FAOs”) are recruited, selected, trained, assigned, organized, promoted, retained, and used in security cooperation offices, senior defense roles in U.S. embassies, and in other critical roles of engagement with allies and partners.

(2) ELEMENTS.—The assessment and review conducted under paragraph (1) shall include the following:

(A) Identification and assessment of the number and location of senior defense official billets, including their grade structure and availability to FAOs.

(B) A review of the cultural, racial, and ethnic diversity of FAOs.

(D) A review and assessment of the promotion criteria, process, and possible pathways for career advancement for FAOs.

(E) A review of the organization and categorization of FAOs by geographic region.

(F) An assessment of the training program for FAOs and its effectiveness.

(G) An assessment of the available career paths for FAOs.

(H) An assessment of the criteria used to determine staffing requirements for senior defense official positions and security cooperation roles for uniformed officers.

(I) A review of the staffing of senior defense official and security cooperation roles and assessment to determine whether requirements are being met through the staffing process.

(J) An assessment of how the broader utilization of FAOs in key security cooperation and embassy defense leadership billets would improve the quality and professionalism of the security cooperation workforce under section 384 of title 10, United States Code.

(K) A review of how many FAO opportunities are joint-qualifying and an assessment of whether increasing the number of joint-qualified opportunities for FAOs would increase recruitment, retention, and promotion.

(L) Any other matters the Secretary determines relevant.

(c) Results.—The federally funded research and development center conducting the assessment and review described in subsection (b) shall submit to the Secretary the results of such assessment and review, which shall include the following:

(1) A summary of the research and activities undertaken to carry out the assessment required by subsection (b).

(2) Considerations and recommendations, including legislative recommendations, to achieve the following:

(A) Improving the assessment, promotion, assignment selection, retention, and diversity of FAOs.

(B) Assigning additional FAOs to positions as senior defense officials.

(d) Submission to Congress.—

(1) IN GENERAL.—Not later than December 31, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives—

(A) an unaltered copy of the results submitted pursuant to subsection (c); and

(B) the written responses of the Secretary and the Chairman of the Joint Chiefs of Staff to such results.

(2) FORM.—The submission under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

SEC. 1313. Women, peace, and security act implementation at military service academies.

(a) Sense of Congress.—It is the sense of Congress that $15,000,000 should annually be made available for activities that are—

(1) consistent with the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202) and this section; and

(2) in furtherance of the national security priorities of the United States.

(b) Professional military education.—The Secretary of Defense shall carry out activities consistent with the Women, Peace, and Security Act of 2017 and with this section, including by ensuring that professional military education curriculum addresses—

(1) gender analysis;

(2) the meaningful participation of women in national security activities; and

(3) the relationship between such participation and security outcomes.

(1) MILITARY SERVICE ACADEMIES.—The Secretary of Defense shall encourage the admission of diverse individuals (including individuals who are women) to each military service academy, including by—

(A) establishing programs that hold commanding officers accountable for removing biases with respect to such individuals;

(B) ensuring that each military service academy fosters a zero tolerance environment for harassment towards such individuals; and

(C) ensuring that each military service academy fosters equal opportunities for growth that enable the full participation of such individuals in all training programs, career tracks, and elements of the Department, especially in elements of the Armed Forces previously closed to women, such as infantry and special operations forces.

(2) PARTNERSHIPS WITH SCHOOLS AND NONPROFIT ORGANIZATIONS.—The Secretary of Defense shall seek to enter into partnerships with elementary schools, secondary schools, postsecondary educational institutions, and nonprofit organizations, to support activities relating to the implementation of the Women, Peace, and Security Act of 2017.

(3) BRIEFING.—Not later than one year after the date of the enactment of this Act, the Director of the Defense Security Cooperation Agency shall provide to the appropriate committees of Congress a briefing on efforts made at all levels to build partner defense institution and security force capacity pursuant to this section.

(4) DEFINITIONS.—In this subsection:

(A) The term “appropriate committees of Congress” includes—

(i) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Transportation and Infrastructure of the House of Representatives; and

(ii) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate.

(B) The terms “elementary school” and “secondary school” have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(i) The United States Military Academy.

(ii) The United States Naval Academy.

(iii) The United States Air Force Academy.

(iv) The United States Coast Guard Academy.

(D) The term “postsecondary educational institution” has the meaning given that term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).

subtitle C—Other Matters

SEC. 1321. Extension of authority for Department of Defense support for stabilization activities in national security interest of the United States.

Section 1210A(h) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1626) is amended by striking “December 31, 2021” and inserting “December 31, 2022”.

SEC. 1322. Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of Operation Allies Refuge.

Not later than 30 days after the date on which more than $100,000,000 of the amounts authorized to be appropriated by the Act for overseas humanitarian, disaster, and civic aid are obligated for expenses in support of Operation Allies Refuge, and every 90 days thereafter until all such funds are obligated for Operation Allies Refuge, the Secretary of Defense shall submit to the congressional defense committees a notification that includes—

(1) the costs associated with the provision of transportation, housing, medical services, and other sustainment expenses for Afghan special immigrant visa applicants and other Afghans at risk; and

(2) whether funds were obligated under a reimbursable or non-reimbursable basis.

SEC. 1323. Limitation on use of funds for the 2022 Olympic and Paralympic Winter games in China.

(a) Limitation.—None of the funds authorized to be appropriated or otherwise made available by this Act may be made available to provide transportation for any United States officer or official to attend, on official government business, the 2022 Olympic and Paralympic Winter Games in the People’s Republic of China.

(b) Rule of construction.—Nothing in this section may be construed to limit the authorization of appropriations to provide security during the 2022 Olympic and Paralympic Winter Games to any United States athlete or associated support staff of the United States Olympic and Paralympic Committee.

SEC. 1324. Report on hostilities involving United States Armed Forces.

(a) In general.—The President shall report to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives not later than 48 hours after any incident in which the United States Armed Forces are involved in an attack or hostilities, whether in an offensive or defensive capacity, unless the President—

(1) otherwise reports the incident within 48 hours pursuant to section 4 of the War Powers Resolution (50 U.S.C. 1543); or

(2) has determined prior to the incident, and so reported pursuant to section 1264 of the National Defense Authorization Act for Fiscal Year 2018 (50 U.S.C. 1549), that the United States Armed Forces involved in the incident would be operating under specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)).

(b) Matters to be included.—Each report required by subsection (a) shall include—

(1) the statutory and operational authorities under which the United States Armed Forces were operating, including any relevant executive orders and an identification of the operational activities authorized under such executive orders;

(2) the date, location, duration, and other parties involved;

(3) a description of the United States Armed Forces involved and the mission of such Armed Forces;

(4) the numbers of any combatant casualties and civilian casualties; and

(5) any other information the President determines appropriate.

(c) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

TITLE XIV—Other Authorizations

subtitle A—Military Programs

SEC. 1401. Working capital funds.

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 providing capital for working capital and revolving funds, as specified in the funding table in section 4501.

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

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.

(b) Use.—Amounts authorized to be appropriated under subsection (a) are authorized for—

(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and

(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.

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

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.

SEC. 1404. Defense Inspector General.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.

SEC. 1405. Defense Health Program.

Funds are hereby authorized to be appropriated for fiscal year 2022 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501.

subtitle B—Other Matters

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

The Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) is amended—

(1) in section 6(b)(2), by inserting “to consult with producers and processors of such materials” before “to avoid”;

(2) in section 12, by adding at the end the following new paragraph:

“(3) The term ‘national technology and industrial base’ has the meaning given in section 2500 of title 10, United States Code.”; and

(3) in section 15(a)—

(A) in paragraph (3), by striking “and” at the end;

(B) in paragraph (4), by striking the period at the end and inserting “; and”; and

“(5) if domestic sources are unavailable to meet the requirements defined in paragraphs (1) through (4), by making efforts to prioritize the purchase of strategic and critical materials from the national technology and industrial base.”.

SEC. 1412. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.

(a) Authority for transfer of funds.—Of the funds authorized to be appropriated for section 1405 and available for the Defense Health Program for operation and maintenance, $137,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.

(b) Use of transferred funds.—For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).

SEC. 1413. Authorization of appropriations for Armed Forces Retirement Home.

There is hereby authorized to be appropriated for fiscal year 2022 from the Armed Forces Retirement Home Trust Fund the sum of $75,300,000 for the operation of the Armed Forces Retirement Home.

TITLE XV—Cyberspace-Related Matters

subtitle A—Cyber Threats

SEC. 1501. Cyber threat information collaboration environment.

(a) In general.—In consultation with the Cyber Threat Data Standards and Interoperability Council established pursuant to subsection (d), the Secretary of Homeland Security, in coordination with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), shall develop an information collaboration environment and associated analytic tools that enable entities to identify, mitigate, and prevent malicious cyber activity to—

(1) provide limited access to appropriate and operationally relevant data from unclassified and classified intelligence about cybersecurity risks and cybersecurity threats, as well as malware forensics and data from network sensor programs, on a platform that enables query and analysis;

(2) enable cross-correlation of data on cybersecurity risks and cybersecurity threats at the speed and scale necessary for rapid detection and identification;

(3) facilitate a comprehensive understanding of cybersecurity risks and cybersecurity threats; and

(4) facilitate collaborative analysis between the Federal Government and private sector critical infrastructure entities and information and analysis organizations.

(b) Implementation of information collaboration environment.—

(1) EVALUATION.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in coordination with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), shall—

(A) identify, inventory, and evaluate existing Federal sources of classified and unclassified information on cybersecurity threats;

(B) evaluate current programs, applications, or platforms intended to detect, identify, analyze, and monitor cybersecurity risks and cybersecurity threats; and

(C) coordinate with private sector critical infrastructure entities and, as determined appropriate by the Secretary of Homeland Security, in consultation with the Secretary of Defense, other private sector entities, to identify private sector cyber threat capabilities, needs, and gaps.

(2) IMPLEMENTATION.—Not later than one year after the evaluation required under paragraph (1), the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), shall begin implementation of the information collaboration environment developed pursuant to subsection (a) to enable participants in such environment to develop and run analytic tools referred to in such subsection on specified data sets for the purpose of identifying, mitigating, and preventing malicious cyber activity that is a threat to government and critical infrastructure. Such environment and use of such tools shall—

(A) operate in a manner consistent with relevant privacy, civil rights, and civil liberties policies and protections, including such policies and protections established pursuant to section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);

(B) account for appropriate data standards and interoperability requirements, consistent with the standards set forth in subsection (d);

(C) enable integration of current applications, platforms, data, and information, including classified information, in a manner that supports integration of unclassified and classified information on cybersecurity risks and cybersecurity threats;

(D) incorporate tools to manage access to classified and unclassified data, as appropriate;

(E) ensure accessibility by entities the Secretary of Homeland Security, in consultation with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), determines appropriate;

(F) allow for access by critical infrastructure stakeholders and other private sector partners, at the discretion of the Secretary of Homeland Security, in consultation with the Secretary of Defense;

(G) deploy analytic tools across classification levels to leverage all relevant data sets, as appropriate;

(H) identify tools and analytical software that can be applied and shared to manipulate, transform, and display data and other identified needs; and

(I) anticipate the integration of new technologies and data streams, including data from government-sponsored network sensors or network-monitoring programs deployed in support of State, local, Tribal, and territorial governments or private sector entities.

(c) Post-deployment assessment.—Not later than two years after the implementation of the information collaboration environment under subsection (b), the Secretary of Homeland Security, the Secretary of Defense, and the Director of National Intelligence (acting through the Director of the National Security Agency) shall jointly submit to Congress an assessment of whether to include additional entities, including critical infrastructure information sharing and analysis organizations, in such environment.

(d) Cyber Threat Data Standards and Interoperability Council.—

(1) ESTABLISHMENT.—There is established an interagency council, to be known as the “Cyber Threat Data Standards and Interoperability Council” (in this subsection referred to as the “council”), chaired by the Secretary of Homeland Security, to establish data standards and requirements for public and private sector entities to participate in the information collaboration environment developed pursuant to subsection (a).

(2) OTHER MEMBERSHIP.—

(A) PRINCIPAL MEMBERS.—In addition to the Secretary of Homeland Security, the council shall be composed of the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, the Secretary of Defense, and the Director of National Intelligence (acting through the Director of the National Security Agency).

(B) ADDITIONAL MEMBERS.—The President shall identify and appoint council members from public and private sector entities who oversee programs that generate, collect, or disseminate data or information related to the detection, identification, analysis, and monitoring of cybersecuity risks and cybersecurity threats, based on recommendations submitted by the Secretary of Homeland Security, the Secretary of Defense, and the Director of National Intelligence (acting through the Director of the National Security Agency).

(3) DATA STREAMS.—The council shall identify, designate, and periodically update programs that shall participate in or be interoperable with the information collaboration environment developed pursuant to subsection (a), which may include the following:

(A) Network-monitoring and intrusion detection programs.

(B) Cyber threat indicator sharing programs.

(D) Malware forensics and reverse-engineering programs.

(4) DATA GOVERNANCE.—The council shall establish a committee comprised of the privacy officers of the Department of Homeland Security, the Department of Defense, and the National Security Agency. Such committee shall establish procedures and data governance structures, as necessary, to protect sensitive data, comply with Federal regulations and statutes, and respect existing consent agreements with private sector critical infrastructure entities that apply to critical infrastructure information.

(5) RECOMMENDATIONS.—The council shall, as appropriate, submit recommendations to the President to support the operation, adaptation, and security of the information collaboration environment developed pursuant to subsection (a).

(e) Definitions.—In this section:

(1) CRITICAL INFRASTRUCTURE.—The term “critical infrastructure” has the meaning given such term in section 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e)).

(2) CRITICAL INFRASTRUCTURE INFORMATION.—The term “critical infrastructure information” has the meaning given such term in section 2222 of the Homeland Security Act of 2002 (6 U.S.C. 671).

(3) CYBER THREAT INDICATOR.—The term “cyber threat indicator” has the meaning given such term in section 102(6) of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C. 1501(6))).

(4) CYBERSECURITY RISK.—The term “cybersecurity risk” has the meaning given such term in section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659).

(5) CYBERSECURITY THREAT.—The term “cybersecurity threat” has the meaning given such term in section 102(5) of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C. 1501(5))).

(6) INFORMATION SHARING AND ANALYSIS ORGANIZATION.—The term “information sharing and analysis organization” has the meaning given such term in section 2222 of the Homeland Security Act of 2002 (6 U.S.C. 671).

SEC. 1502. Enterprise-wide procurement of commercial cyber threat information products.

(a) Program.—No later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Commander of Joint Force Headquarters-Department of Defense information products Network, shall establish a program management office for the enterprise-wide procurement of commercial cyber threat information products. The program manager of such program shall be responsible for the following:

(1) Surveying components of the Department for the commercial cyber threat information product needs of such components.

(2) Conducting market research of commercial cyber threat information products.

(3) Developing requirements, both independently and through consultation with components, for the acquisition of commercial cyber threat information products.

(4) Developing and instituting model contract language for the acquisition of commercial cyber threat information products, including contract language that facilitates Department of Defense components’ requirements for ingesting, sharing, using and reusing, structuring, and analyzing data derived from such products.

(5) Conducting procurement of commercial cyber threat information products on behalf of the Department of Defense, including negotiating contracts with a fixed number of licenses based on aggregate component demand and negotiation of extensible contracts.

(b) Coordination.—In implementing this section, each component of the Department of Defense shall coordinate the commercial cyber threat information product requirements and potential procurement plans relating to such products of each such component with the program management office established pursuant to subsection (a) so as to enable the program management office to determine if satisfying such requirements or such procurement of such products on an enterprise-wide basis would serve the best interests of the Department.

(c) Prohibition.—Beginning not later than 540 days after the date of the enactment of this Act, no component of the Department of Defense may independently procure a commercial cyber threat information product that has been procured by the program management office established pursuant to subsection (a), unless—

(1) such component is able to procure such product at a lower per-unit price than that available through the program management office; or

(2) the program management office has approved such independent purchase.

(d) Exception.—The requirements of subsections (b) and (c) shall not apply to the National Security Agency.

(e) Definition.—In this section, the term “commercial cyber threat information products” refers to commercially-available data and indicators that facilitate discovery and understanding of the targets, infrastructure, tools, and tactics, techniques, and procedures of cyber threats.

subtitle B—Cyber Systems and Operations

SEC. 1511. Legacy information technologies and systems accountability.

(a) In general.—Not later than 270 days after the date of the enactment of this Act, the Secretaries of the Army, Navy, and Air Force shall each initiate efforts to identify legacy applications, software, and information technology within their respective Departments.

(b) Specifications.—To carry out subsection (a), that Secretaries of the Army, Navy, and Air Force shall each document the following:

(1) An identification of the applications, software, and information technologies that are considered active or operational, but which are judged to no longer be required by the respective Department.

(2) Information relating to the sources of funding for the applications, software, and information technologies identified under paragraph (1).

(3) An identification of the senior official responsible for each application, software, and information technology identified under paragraph (1).

(4) A plan to discontinue use and funding for each item application, software, and information technology identified under paragraph (1).

(c) Exemption.—Any effort substantially similar to that described in subsection (a) that is being carried out by the Secretary of the Army, Navy, or Air Force as of the date of the enactment of this Act and completed not later 180 days after such date shall be treated as satisfying the requirement under such subsection.

(d) Report.—Not later than 270 days after the date of the enactment of this Act, the Secretaries of the Army, Navy, and Air Force shall each submit to the congressional defense committees the documentation required under subsection (b).

SEC. 1512. Update relating to responsibilities of Chief Information Officer.

Paragraph (1) of section 142(b) of title 10, United States Code, is amended—

(1) in subparagraphs (A), (B), and (C), by striking “(other than with respect to business management)” each place it appears; and

(2) by amending subparagraph (D) to read as follows:

“(D) exercises authority, direction, and control over the Cybersecurity Directorate, or any successor organization, of the National Security Agency;”.

SEC. 1513. Protective Domain Name System within the Department of Defense.

(a) In general.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall ensure each component of the Department of Defense uses a Protective Domain Name System (PDNS) instantiation offered by the Department.

(b) Exemptions.—The Secretary of Defense may exempt a component of the Department from using a PDNS instantiation for any reason except for cost or technical application.

(c) Report to Congress.—Not later than 150 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes information relating to—

(1) each component of the Department that uses a PDNS instantiation offered by the Department;

(2) each component exempt from using a PDNS instantiation pursuant to subsection (b); and

(3) efforts to ensure that the PDNS instantiation offered by the Department connect and share relevant and timely data.

subtitle C—Cyber Weapons

SEC. 1521. Notification requirements regarding cyber weapons.

(a) In general.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the Department of Defense’s compliance responsibilities regarding cyber capabilities. Such report shall also include the Department’s definition of “cyber capability” that includes all software, hardware, middleware, code, and other information technology developed using amounts from the Cyberspace Activities Budget of the Department of Defense that may used in operations authorized under title 10, United States Code.

(b) Limitation.—Of amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for operations and maintenance, Defense-Wide, for the Office of the Secretary of Defense for travel, not more than 75 percent of such amounts may be obligated or expended until the Secretary of Defense has submitted to the congressional defense committees the report required under subsection (a).

SEC. 1522. Cybersecurity of weapon systems.

Section 1640 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2224 note), is amended—

(1) in subsection (c)(1), by adding at the end the following new subparagraphs:

“(E) Nuclear Command, Control, and Communications (NC3).

“(F) Senior Leadership Enterprise.”; and

(2) by adding at the end the following new subsection:

“(f) Biannual reports.—Not later than June 30, 2022, and every six months thereafter through 2023, the Secretary of Defense shall provide to the congressional defense committees a report on the work of the Program, including information relating to staffing and accomplishments of during the immediately preceding six-month period.”.

subtitle D—Other Cyber Matters

SEC. 1531. Feasibility study regarding establishment within the Department of Defense a designated central program office, headed by a senior Department official, responsible for overseeing all academic engagement programs focusing on creating cyber talent across the Department.

(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 congressional defense committees a feasibility study regarding the establishment within the Department of Defense of a designated central program office, headed by a senior Department official, responsible for overseeing all academic engagement programs focusing on creating cyber talent across the Department. Such study shall examine the following:

(1) The manner in or through which such a designated central program office would obligate and expend amounts relating to cyber education initiatives.

(2) The manner in or through which such a designated central program office would interact with the consortium or consortia of universities (established pursuant to section 1659 of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 391 note)) to assist the Secretary on cybersecurity matters.

(3) The reasons why cyber has unique programs apart from other science, technology, engineering, and math programs.

(4) Whether the creation of the designated central program office will have an estimated net savings for the Department.

(b) Consultation.—In conducting the feasibility study required under subsection (a), the Secretary of Defense shall consult with and solicit recommendations from academic institutions and stakeholders. including primary, secondary, and post-secondary educational institutions.

(1) IN GENERAL.—Upon completion of the feasibility study required under subsection (a), the Secretary of Defense shall make a determination regarding the establishment within the Department of Defense of a designated central program office responsible for each covered academic engagement program across the Department.

(2) IMPLEMENTATION.—If the Secretary of Defense makes a determination under paragraph (1) in the affirmative, the Secretary shall establish within the Department of Defense a designated central program office responsible for each covered academic enrichment program across the Department. Not later than 180 days after such a determination in the affirmative, the Secretary shall promulgate such rules and regulations as are necessary to so establish such an office.

(3) NEGATIVE DETERMINATION.—If the Secretary determines not to establish a designated central program office under subsection (a), the Secretary shall submit to Congress notice of such determination together with a justification for the determination.

(d) Comprehensive report.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive report that updates the matters required for inclusion in the reports required pursuant to section 1649 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) and section 1726(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

(e) Definition.—In this section, the term “covered academic engagement program” means each of the following:

(1) Any primary, secondary, or post-secondary education program.

(2) Any recruitment or retention program.

(3) Any scholarship program.

(4) Any academic partnerships.

(5) Any general enrichment program.

SEC. 1532. Prohibition on Chief Information Officer of the Department of Defense serving as Principal Cyber Advisor of the Department.

Section 932(c)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note) is amended by inserting after “civilian officials of the Department of Defense” the following: “(other than the Chief Information Officer of the Department)”.

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

subtitle A—Space Activities

SEC. 1601. Improvements to tactically responsive space launch program.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the Space Force, in collaboration with the United States Space Command, the military departments, relevant Defense Agencies and, where practicable, the National Reconnaissance Office, should continue to build on the successful Space Safari tactically responsive launch-2 mission of the Space Force, which was a pathfinder to inform concepts of operation regarding tactically responsive launches; and

(2) future efforts regarding tactically responsive launches should not be limited to only launch capabilities, but should also include all aspects that are needed for rapid reconstitution and responsiveness to urgent requirements with respect to satellite buses, payloads, operations, and ground infrastructure.

(b) Program.—Section 1609 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—

(1) by striking “The Secretary” and inserting “(a) Program.—The Secretary”; and

(2) by adding at the end the following new subsection:

“(b) Support.—

“(1) ELEMENTS.—The Secretary of Defense, in consultation with the Director of National Intelligence, shall support the tactically responsive launch program under subsection (a) during the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code, in 2022 to ensure that the program addresses the following:

“(A) The ability to rapidly place on-orbit systems to respond to urgent needs of the commanders of the combatant commands or to reconstitute space assets and capabilities to support national security priorities if such assets and capabilities are degraded, attacked, or otherwise impaired, including such assets and capabilities relating to protected communications and intelligence, surveillance, and reconnaissance.

“(B) The entire launch process, including with respect to launch services, satellite bus and payload availability, and operations and sustainment on-orbit.

“(2) PLAN.—As a part of the defense budget materials (as defined in section 239 of title 10, United States Code) for fiscal year 2023, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to Congress a plan for the tactically responsive launch program to address the elements under paragraph (1). Such plan shall include the following:

“(A) Lessons learned from the Space Safari tactically responsive launch-2 mission of the Space Force, and how to incorporate such lessons into future efforts regarding tactically responsive launches.

“(B) How to achieve responsive acquisition timelines within the adaptive acquisition framework for space acquisition pursuant to section 807.

“(C) Plans to address supply chain issues and leverage commercial capabilities to support future reconstitution and urgent space requirements leveraging the tactically responsive launch program under subsection (a).”.

SEC. 1602. National security space launch program.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the Department of Defense and the National Reconnaissance Office should, to the extent practicable, use launch services under a phase two contract of the National Security Space Launch program; and

(2) for missions that fall outside of the requirements of phase two of the National Security Space Launch program, the Department of Defense and the National Reconnaissance Office should continue to leverage the growing launch provider base of the United States, including those companies that provide smaller and ride-share launch capabilities, to incentivize sustained investment in domestic launch capabilities.

(b) Policy.—With respect to entering into contracts for launch services during the period beginning on the date of the enactment of this Act and ending September 30, 2024, it shall be the policy of the Department of Defense and the National Reconnaissance Office to—

(1) use the National Security Space Launch program to the extent practicable to procure launch services that are met under the requirements of phase two; and

(2) maximize continuous competition for launch services as the Space Force initiates planning for phase three, specifically for those technology areas that are unique to existing and emerging national security requirements.

(c) Notification.—If the Secretary of Defense or the Director of the National Reconnaissance Office determines that a program requiring launch services that could be met using phase two contracts will instead use an alternative launch procurement approach, not later than seven days after the date of such determination, the Secretary of Defense or, as appropriate, the Director of National Intelligence, shall submit to the appropriate congressional committees—

(1) a notification of such determination;

(2) a certification that the alternative launch procurement approach is in the national security interest of the United States; and

(3) an outline of the cost analysis and any other rationale for such determination.

(d) Report.—

(1) REQUIREMENT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chief of Space Operations and the Director of the Space Development Agency, and in consultation with the Director of National Intelligence (including with respect to the views of the Director of the National Reconnaissance Office), shall submit to the appropriate congressional committees a report on the plans of the Secretary to address, with respect to launches that would be procured in addition to or outside of launches under phase two, the emerging launch requirements in the areas of space access, mobility, and logistics that cannot be met by phase two capabilities, as of the date of the report.

(2) ELEMENTS.—The report under paragraph (1) shall include the following:

(A) An examination of the benefits of competing up to two launches per year outside of phase two to accelerate the rapid development and on-orbit deployment of enabling and transformational technologies required to address emerging requirements, including with respect to—

(i) delivery of in-space transportation, logistics and on-orbit servicing capabilities to enhance the persistence, sensitivity, and resiliency of national security space missions in a contested space environment;

(ii) proliferated low-Earth orbit constellation deployment;

(iii) routine access to extended orbits beyond geostationary orbits, including cislunar orbits;

(iv) greater cislunar awareness capabilities;

(v) payload fairings that exceed current launch requirements;

(vi) increased responsiveness for heavy lift capability;

(vii) the ability to transfer orbits, including point-to-point orbital transfers;

(viii) capacity and capability to execute secondary deployments;

(ix) high-performance upper stages;

(x) vertical integration; and

(xi) other new missions that are outside the parameters of the nine design reference missions that exist as of the date of the enactment of this Act;

(B) A description of how competing space access, mobility, and logistics launches could aid in establishing a new acquisition framework to—

(i) promote the potential for additional open and sustainable competition for phase three; and

(ii) re-examine the balance of mission assurance versus risk tolerance to reflect new resilient spacecraft architectures and reduce workload on the Federal Government and industry to perform mission assurance where appropriate.

(C) An analysis of how the matters under subparagraphs (A) and (B) may help continue to reduce the cost per launch of national security payloads.

(D) An examination of the effects to the National Security Space Launch program if contracted launch providers cannot meet all phase two requirements, including with respect to—

(i) the effects to national security launch resiliency; and

(ii) the cost effects of a launch market that lacks full competition.

(3) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified appendix.

(4) BRIEFING.—Not later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the report under paragraph (1).

(e) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the congressional defense committees; and

(B) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

(2) The term “phase three” means, with respect to the National Security Space Launch program, launch missions ordered under the program after fiscal year 2024.

(3) The term “phase two” means, with respect to the National Security Space Launch program, launch missions ordered under the program during fiscal years 2020 through 2024.

SEC. 1603. Classification review of programs of the Space Force.

(a) Classification review.—The Chief of Space Operations shall—

(1) not later than 120 days after the date of the enactment of this Act, conduct a review of each classified program managed under the authority of the Space Force to determine whether—

(A) the level of classification of the program could be changed to a lower level; or

(B) the program could be declassified; and

(2) not later than 90 days after the date on which the Chief completes such review, commence the change to the classification level or the declassification as determined in such review.

(b) Coordination.—The Chief of Space Operations shall carry out the review under subsection (a)(1) in coordination with the Assistant Secretary of Defense for Space Policy and, as the Chief determines appropriate, the heads of other elements of the Department of Defense.

(c) Report.—Not later than 60 days after the date on which the Chief of Space Operations completes the review under subsection (a)(1), the Chief, in coordination with the Assistant Secretary of Defense for Space Policy, shall submit to the congressional defense committees a report identifying each program managed under the authority of the Space Force covered by a determination regarding changing the classification level of the program or declassifying the program, including—

(1) the timeline for implementing such change or declassification; and

(2) any risks that exist in implementing such change or declassification.

SEC. 1604. Report on Range of the Future initiative of the Space Force.

(a) Findings.—Congress finds that in a report submitted to Congress by the Chief of Space Operations, the Chief highlighted a need for changes to current law to improve installation infrastructure at the launch ranges of the Space Force, and stated that “If we fail to do this effectively our installations will become a limiting factor to launch capability.”.

(b) Report.—Not later than 90 days after the date of the enactment of this Act, the Chief of Space Operations shall submit to the congressional defense committees a report containing the following:

(1) A detailed plan to carry out the Space Force “Range of the Future” initiative, including the estimated funding required to implement the plan.

(2) Identification of any specific authorities the Chief determines need to be modified by law to improve the ability of the Space Force to address long-term challenges to the physical infrastructure at the launch ranges of the Space Force, and an explanation for why such modified authorities are needed.

(3) Any additional proposals that would support improved infrastructure at the launch ranges of the Space Force, including recommendations for legislative action to carry out such proposals.

SEC. 1605. Norms of behavior for international rules-based order in space.

(a) Prioritized objectives.—Not later than 90 days after the date of the enactment of this Act, the covered officials shall each submit to the National Space Council a list of prioritized objectives with respect to establishing norms of behavior to be addressed through bilateral and multilateral negotiations relating to an international rules-based order in space, including with respect to events that create space debris, rendezvous and proximity operations, and other appropriate matters.

(b) Consolidated list and framework.—Not later than 45 days after the date on which the National Space Council has received the list of prioritized objectives from each covered official under subsection (a), the Council shall consolidate such prioritized objectives in a single list. The Secretary of State, in collaboration with other heads of relevant departments and agencies of the Federal Government, shall use such consolidated list as a guide to establish a framework for bilateral and multilateral negotiations described in such subsection.

(c) Submission to Congress.—Not later than seven days after the date on which the National Space Council consolidates the list of prioritized objectives under subsection (b) in a single list, the Council shall submit to the appropriate congressional committees such consolidated list, disaggregated by the covered official who submitted each such prioritized objective.

(d) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the congressional defense committees;

(B) the Committee on Foreign Affairs, the Committee on Science, Space, and Technology, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(C) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate.

(2) The term “covered official” means each of the following:

(A) The Under Secretary of Defense for Policy, in consultation with the Chief of Space Operations, the Commander of the United States Space Command, and the Director of the National Geospatial-Intelligence Agency.

(B) The Assistant Secretary of State for Arms Control, Verification, and Compliance.

(D) The Director of the National Reconnaissance Office.

SEC. 1606. Programs of record of Space Force and commercial capabilities.

Section 957(c) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 9016 note) is amended by adding at the end the following new paragraph:

“(5) PROGRAMS OF RECORD AND COMMERCIAL CAPABILITIES.—The Service Acquisition Executive for Space Systems and Programs may not establish a program of record for the Space Force unless the Service Acquisition Executive first—

“(A) determines that there is no commercially available capability that would meet the threshold objectives for that proposed program; and

“(B) submits to the congressional defense committees such determination.”.

SEC. 1607. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing.

(a) Domestic defined.—Section 1612(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 441 note) is amended—

(1) by redesignating paragraph (4) as paragraph (5); and

(2) by inserting after paragraph (3) the following new paragraph (4):

“(4) The term ‘domestic’ includes, with respect to commercial capabilities or services covered by this section, capabilities or services provided by companies that operate in the United States and have active mitigation agreements pursuant to the National Industrial Security Program.”.

(b) Effective date.—The amendments made by subsection (a) shall take effect as if included in the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), including with respect to any requests for proposals or rules issued pursuant to section 1612 of such Act.

SEC. 1608. National Security Council briefing on potential harmful interference to Global Positioning System.

(a) Requirement.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the National Security Council, the Secretary of Commerce, and the Commissioners of the Federal Communications Commission a briefing at the highest level of classification on the current assessment of the Department of Defense, as of the date of the briefing, regarding the potential for harmful interference to the Global Positioning System, or other tactical or strategic systems of the Department of Defense, from commercial terrestrial operations and mobile satellite services using the 1525–1559 megahertz band and the 1626.5–1660.5 megahertz band.

(b) Matters included.—The briefing under subsection (a) shall include—

(1) potential operational impacts that have been studied within the megahertz bands specified in such subsection; and

(2) impacts that could be mitigated, if any, including how such mitigations could be implemented.

(c) Congressional briefing.—Not later than seven days after the date on which the Secretary provides the briefing under subsection (a), the Secretary shall provide to the appropriate congressional committees such briefing.

(d) Independent technical review.—The Secretary shall carry out subsections (a) an (c) regardless of whether the independent technical review conducted pursuant to section 1663 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) has been completed.

(e) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

subtitle B—Defense Intelligence and Intelligence-Related Activities

SEC. 1611. Notification of certain threats to United States Armed Forces by foreign governments.

(a) Determination that foreign government intends to cause the death of or serious bodily injury to members of the Armed Forces.—The Secretary of Defense shall carry out the notification requirements under subsection (b) whenever the Secretary, in consultation with the Director of National Intelligence, determines with high confidence that, on or after the date of the enactment of this Act, an official of a foreign government plans or takes some other substantial step that is intended to cause the death of, or serious bodily injury to, any member of the United States Armed Forces, whether through direct means or indirect means, including through a promise or agreement by the foreign government to pay anything of pecuniary value to an individual or organization in exchange for causing such death or injury.

(b) Notice to Congress.—

(1) NOTIFICATION.—Except as provided in paragraph (3), not later than 14 days after making a determination under subsection (a), the Secretary shall notify the congressional leadership, the congressional intelligence committees and, consistent with the protection of sources and methods, the appropriate congressional committees of such determination. Such notification shall include, at a minimum, the following:

(A) A description of the nature and extent of the effort by the foreign government to target members of the United States Armed Forces.

(B) An assessment of what specific officials, agents, entities, and departments within the foreign government ordered, authorized, or had knowledge of the effort.

(D) An assessment of whether the effort of the foreign government was a substantial factor in the death or serious bodily injury of any member of the United States Armed Forces.

(E) Any other information the Secretary determines appropriate.

(2) OPTION FOR BRIEFING.—Upon the request of a congressional recipient specified in paragraph (1) after being notified of a determination under such paragraph, the Secretary shall provide to the recipient a briefing on the contents of the notification.

(3) PROTECTION OF SOURCES AND METHODS.—This subsection shall be carried out in a manner that is consistent with the protection of sources and methods.

(1) The term “anything of pecuniary value” has the meaning given that term in section 1958(b)(1) of title 18, United States Code.

(2) The term “appropriate congressional committees” means the following:

(A) The Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

(B) The Committee on Armed Services and the Committee on Foreign Relations of the Senate.

(3) The terms “congressional intelligence committees” and “intelligence community” have the meaning given those terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

(4) The term “congressional leadership” includes the following:

(A) The majority leader of the Senate.

(B) The minority leader of the Senate.

(D) The minority leader of the House of Representatives.

(5) The term “determines with high confidence”—

(A) means that the official making the determination—

(i) has concluded that the judgments in the determination are based on sound analytic argumentation and high-quality, consistent reporting from multiple sources, including through clandestinely obtained documents, clandestine and open source reporting, and in-depth expertise;

(ii) with respect to such judgments, has concluded that the intelligence community has few intelligence gaps and few assumptions underlying the analytic line and that the intelligence community has concluded that the potential for deception is low; and

(iii) has examined long-standing analytic judgments and considered alternatives in making the determination; but

(B) does not mean that the official making the determination has concluded that the judgments in the determination are fact or certainty.

(6) The term “direct means” means without the use of intermediaries.

(7) The term “foreign government” means the government of a foreign country with which the United States is at peace.

(8) The term “indirect means” means through, or with the assistance of, intermediaries.

SEC. 1612. Strategy and plan to implement certain defense intelligence reforms.

(a) Strategy and plan.—The Secretary of Defense, in coordination with the Director of National Intelligence, shall develop and implement a strategy and plan to better support the intelligence priorities of the commanders of the combatant commands, including with respect to efforts to counter in the open malign activities of adversaries of the United States.

(b) Matters included in plan.—The plan under subsection (a) shall include the following:

(1) A plan to adapt policies and procedures to assemble and release facts about the malign activities of an adversary described in such subsection in a timely way and in forms that allow for greater distribution and release.

(2) A plan to develop and publish validated priority intelligence requirements of the commanders of the combatant commands.

(3) A plan to elevate open-source intelligence to a foundational intelligence for strategic intelligence that is treated on par with information collected from classified means (for example, human intelligence, signals intelligence, and geospatial intelligence).

(4) A plan for expanding the use of unclassified intelligence in order to combat threats from disinformation and misinformation by foreign adversaries.

(5) A review by each element of the intelligence community of the approaches used by that element—

(A) with respect to intelligence that has not been processed or analyzed, to separate out data from the sources and methods by which the data is obtained (commonly known as “tearlining”); and

(B) with respect to finished intelligence products that relate to malign activities of an adversary described in subsection (a), to downgrade the classification level of the product.

(c) Congressional briefing.—Not later than one year after the date of the enactment of this Act, and annually thereafter through December 31, 2026, the Secretary and the Director shall jointly provide to the appropriate congressional committees a briefing on the strategy and plan under subsection (a).

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The congressional defense committees.

(2) The Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives.

(3) The Committee on the Judiciary and the Select Committee on Intelligence of the Senate.

SEC. 1613. Authority of Under Secretary of Defense for Intelligence and Security to engage in fundraising for certain nonprofit organizations.

Section 422 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(c) Fundraising.— (1) The Under Secretary of Defense for Intelligence and Security may engage in fundraising in an official capacity for the benefit of nonprofit organizations that provide support—

“(A) to surviving dependents of deceased employees of the Defense Intelligence Enterprise; or

“(B) for the welfare, education, or recreation of employees and former employees of the Defense Intelligence Enterprise and the dependents of such employees and former employees.

“(2) The Under Secretary may delegate the authority under paragraph (1) to—

“(A) the heads of the components of the Department of Defense that are elements of the intelligence community;

“(B) the senior intelligence officers of the Armed Forces and the regional and functional combatant commands;

“(C) the Director for Intelligence of the Joint Chiefs of Staff; and

“(D) the senior officials of other elements of the Department of Defense that perform intelligence functions.

“(3) Not later than seven days after the date on which the Under Secretary or an official specified in paragraph (2) engages in fundraising pursuant to paragraph (1), or at the time at which the Under Secretary or an official makes a determination to engage in such fundraising, the Under Secretary shall notify the appropriate congressional committees of such fundraising.

“(4) In this subsection:

“(A) The term ‘appropriate congressional committees’ means—

“(i) the Committees on Armed Services of the House of Representatives and the Senate; and

“(ii) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

“(B) The term ‘Defense Intelligence Enterprise’ has the meaning given that term in section 426(b)(4)(B) of this title.

“(C) The term ‘fundraising’ means the raising of funds through the active participation in the promotion, production, or presentation of an event designed to raise funds and does not include the direct solicitation of money by any other means.

“(D) The term ‘intelligence community’ has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”.

SEC. 1614. Executive agent for explosive ordnance intelligence.

(a) In general.—Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 430c. Executive agent for explosive ordnance intelligence

“(a) Designation.—The Secretary of Defense shall designate the Director of the Defense Intelligence Agency as the executive agent for explosive ordnance intelligence.

“(b) Definitions.—In this section:

“(1) The term ‘explosive ordnance intelligence’ means technical intelligence relating to explosive ordnance (as defined in section 283(d) of this title), including with respect to the processing, production, dissemination, integration, exploitation, evaluation, feedback, and analysis of explosive ordnance using the skills, techniques, principles, and knowledge of explosive ordnance disposal personnel regarding fuzing, firing systems, ordnance disassembly, and development of render safe techniques, procedures and tools, publications, and applied technologies.

“(2) The term ‘executive agent’ has the meaning given the term ‘DoD Executive Agent’ in Directive 5101.1.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 430b the following new item:

“430c. Executive agent for explosive ordnance intelligence.”.

(c) Date of designation.—The Secretary of Defense shall make the designation under section 430c of title 10, United States Code, as added by subsection (a), by not later than 30 days after the date of the enactment of this Act.

SEC. 1615. Inclusion of explosive ordnance intelligence in Defense Intelligence Agency activities.

Section 105 of the National Security Act of 1947 (50 U.S.C. 3038) is amended—

(1) in subsection (b)(5), by striking “human intelligence and” and inserting “explosive ordnance intelligence, human intelligence, and”; and

(2) by adding at the end the following new subsection:

“(e) Explosive ordnance intelligence defined.—In this section, the term ‘explosive ordnance intelligence’ means technical intelligence relating to explosive ordnance (as defined in section 283(d) of title 10, United States Code), including with respect to the processing, production, dissemination, integration, exploitation, evaluation, feedback, and analysis of explosive ordnance using the skills, techniques, principles, and knowledge of explosive ordnance disposal personnel regarding fuzing, firing systems, ordnance disassembly, and development of render safe techniques, procedures and tools, publications, and applied technologies.”.

subtitle C—Nuclear Forces

SEC. 1621. Exercises of nuclear command, control, and communications system.

(a) Requirement.—Chapter 24 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 499b. Exercises of nuclear command, control, and communications system

“(a) Required exercises.—Except as provided by subsection (b), beginning 2022, the President shall participate in a large-scale exercise of the nuclear command, control, and communications system during the first year of each term of the President, and may participate in such additional exercises as the President determines appropriate.

“(b) Waiver.—The President may waive, on a case-by-case basis, the requirement to participate in an exercise under subsection (a) if the President—

“(1) determines that participating in such an exercise is infeasible by reason of a war declared by Congress, a national emergency declared by the President or Congress, a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d), or other similar exigent circumstance; and

“(2) submits to the congressional defense committees a notice of the waiver and a description of such determination.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“499b. Exercises of nuclear command, control, and communications system.”.

SEC. 1622. Independent review of nuclear command, control, and communications system.

(a) Review.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall conduct a review of the current plans, policies, and programs of the nuclear command, control, and communications system, and such plans, policies, and programs that are planned through 2030.

(b) Matters included.—The review under subsection (a) shall include a review of each of the following:

(1) The plans, policies, and programs described in such subsection.

(2) The programmatic challenges and risks to the nuclear command, control, and communications system.

(3) Emerging technologies and how such technologies may be applied to the next generation of the nuclear command, control, and communications system.

(4) The security and surety of the nuclear command, control, and communications system.

(5) Threats to the nuclear command, control, and communications system that may occur through 2030.

(c) Briefing.—Not later than September 1, 2022, the National Academies shall provide the congressional defense committees an interim briefing on the review under subsection (a).

(d) Report.—Not later than March 1, 2023, the National Academies shall submit to the Secretary and the congressional defense committees a report containing the review under subsection (a).

SEC. 1623. Review of safety, security, and reliability of nuclear weapons and related systems.

(a) Findings.—Congress finds the following:

(1) On December 20, 1990, Secretary of Defense Cheney chartered a five-person independent committee known as the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction to assess the capability of the nuclear weapon command and control system to meet the dual requirements of assurance against unauthorized use of nuclear weapons and assurance of timely, reliable execution when authorized, and to identify opportunities for positive measures to enhance failsafe features.

(2) The Federal Advisory Committee, chaired by Ambassador Jeane J. Kirkpatrick, recommended changes in the nuclear enterprise, as well as policy proposals to reduce the risks posed by unauthorized launches and miscalculation.

(3) The Federal Advisory Committee found, unambiguously, that “failsafe and oversight enhancements are possible”.

(4) Since 1990, new threats to the nuclear enterprise have arisen in the cyber, space, and information warfare domains.

(5) Ensuring the continued assurance of the nuclear command, control, and communications infrastructure is essential to the national security of the United States.

(b) Review.—The Secretary of Defense shall provide for the conduct of an independent review of the safety, security, and reliability of covered nuclear systems. The Secretary shall ensure that such review is conducted in a manner similar to the review conducted by the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction.

(1) Plans for modernizing the covered nuclear systems, including options and recommendations for technical, procedural, and policy measures that could strengthen safeguards, improve the security and reliability of digital technologies, and prevent cyber-related and other risks that could lead to the unauthorized or inadvertent use of nuclear weapons as the result of an accident, misinterpretation, miscalculation, terrorism, unexpected technological breakthrough, or deliberate act.

(2) Options and recommendations for nuclear risk reduction measures, focusing on confidence building and predictability, that the United States could carry out alone or with near-peer adversaries to strengthen safeguards against the unauthorized or inadvertent use of a nuclear weapon and to reduce nuclear risks.

(d) Submission.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the review conducted pursuant to subsection (b).

(e) Previous review.—Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the final report of the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction.

(f) Covered nuclear systems defined.—In this section, the term “covered nuclear systems” means the following systems of the United States:

(1) The nuclear weapons systems.

(2) The nuclear command, control, and communications system.

(3) The integrated tactical warning/attack assessment system.

SEC. 1624. Review of engineering and manufacturing development contract for ground-based strategic deterrent program.

(a) Findings.—Congress finds the following:

(1) In September 2020, the Air Force awarded the engineering and manufacturing development contract for the ground-based strategic deterrent program.

(2) The total development cost of the ground-based strategic deterrent program is expected to be approximately $100,000,000,000.

(3) The Vice Chairman of the Joint Chiefs of Staff recently noted that “we have got to make [the ground-based strategic deterrent program] more affordable. A three-stage, solid rocket ICBM should not cost as much as the forecast says it costs for now. After meeting with the program office at Northrop Grumman multiple times I think that program can come in significantly cheaper. It’s designed correctly. It’s a digital engineering process that should be able to build things quickly and much more effectively.”.

(4) The Air Force has placed significant importance on digital engineering in achieving cost and schedule requirements with respect to the ground-based strategic deterrent program.

(b) Review.—

(1) REQUIREMENT.—The Secretary of the Air Force shall provide for the conduct of a review of the implementation and the execution of the engineering and manufacturing development contract for the ground-based strategic deterrent program.

(2) MATTERS INCLUDED.—The review under paragraph (1) shall include the following:

(A) An analysis of the ability of the Air Force to implement industry best practices during the engineering and manufacturing development phase of the ground-based strategic deterrent program.

(B) A review of the challenges the Air Force faces in implementing such industry best practices.

(C) A review of the ability of the Air Force to leverage digital engineering during such engineering and manufacturing development phase.

(D) A review of any options that may be available to the Air Force to reduce cost and introduce competition within the operations and maintenance phase of the ground-based strategic deterrent program.

(E) Recommendations to improve the cost, schedule, and program management of the ground-based strategic deterrent program.

(3) EXPERTISE.—The Secretary shall ensure that the review under paragraph (1) is conducted by individuals from the public and private sector, including not fewer than two individuals—

(A) who are not employees or officers of the Department of Defense or a contractor of the Department; and

(B) who have experience outside of the defense industry.

(4) PROVISION OF INFORMATION.—The Secretary shall provide to the individuals conducting the review under paragraph (1) all information necessary for the review.

(5) SECURITY CLEARANCES.—The Secretary shall ensure that each individual who conducts the review under paragraph (1) holds a security clearance at the appropriate level for such review.

(c) Report.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the review under subsection (b)(1). The report shall be submitted in unclassified form and shall include a classified annex.

(d) Briefing.—Not later than 90 days after the date on which the Secretary submits the report under subsection (c), the Secretary shall provide to the congressional defense committees a briefing on implementing the recommendations contained in the review under subsection (b)(1).

SEC. 1625. Long-range standoff weapon.

(a) Limitation.—The Secretary of the Air Force may not award a procurement contract for the long-range standoff weapon until the Secretary submits to the congressional defense committees each of the following:

(1) An updated cost estimate for the procurement portion of the long-range standoff weapon program that is—

(A) informed by the engineering and manufacturing development contract, including with respect to any completed flight tests; and

(B) independently validated by the Director of Cost Assessment and Program Evaluation.

(2) A certification that the future-years defense program submitted to Congress under section 221 of title 10, United States Code, includes, or will include, estimated funding for the program in the amounts specified in the cost estimate under paragraph (1).

(3) A copy of the justification and approval documentation regarding the Secretary determining to award a sole-source contract for the program, including with respect to how the Secretary will manage the cost of the program in the absence of competition.

(b) Briefing.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the execution of the engineering and manufacturing development contract for the long-range standoff weapon, including with respect to—

(1) how the timely development of the long-range standoff weapon may serve as a hedge to delays in other nuclear modernization efforts;

(2) the effects of potential delays in the W80–4 warhead program on the ability of the long-range standoff weapon to achieve the initial operational capability schedule under section 217 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 706), as most recently amended by section 1668 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1774);

(3) options to adjust the budget profile of the long-range standoff weapon program to ensure the program remains on schedule;

(4) a plan to reconcile, with respect to the procurement portion of the program, the Air Force service cost position and the estimate by the Director of Cost Assessment and Program Evaluation; and

(5) a plan to ensure best value to the United States for such procurement portion.

SEC. 1626. Prohibition on reduction of the intercontinental ballistic missiles of the United States.

(a) Prohibition.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following:

(1) Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States.

(2) Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.

(b) Exception.—The prohibition in subsection (a) shall not apply to any of the following activities:

(1) The maintenance or sustainment of intercontinental ballistic missiles.

(2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles.

SEC. 1627. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile.

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for travel by any personnel of the Office of the Secretary of the Navy, not more than 75 percent may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees all written communications by personnel of the Department of Defense regarding the proposed budget amount or limitation for the nuclear-armed sea-launched cruise missile contained in the defense budget materials (as defined by section 231(f) of title 10, United States Code) for fiscal year 2022.

SEC. 1628. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile.

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for travel by any personnel of the Office of the Secretary of Defense (other than travel by the Secretary of Defense or the Deputy Secretary of Defense), not more than 75 percent may be obligated or expended until the Secretary—

(1) submits to the congressional defense committees the analysis of alternatives for the nuclear-armed sea-launched cruise missile; and

(2) provides to such committees a briefing on such analysis of alternatives.

SEC. 1629. Annual certification on readiness of Minuteman III intercontinental ballistic missiles.

Not later than March 1, 2022, and annually thereafter until the date on which the ground-based strategic deterrent weapon achieves initial operating capability, the Chairman of the Joint Chiefs of Staff shall certify to the congressional defense committees whether the state of the readiness of Minuteman III intercontinental ballistic missiles requires placing heavy bombers equipped with nuclear gravity bombs or air-launched nuclear cruise missiles, and associated refueling tanker aircraft, on alert status.

SEC. 1630. Cost estimate to re-alert long-range bombers.

(a) Findings.—Congress finds the following:

(1) On April 20th, 2021, before the Committee on Armed Services of the Senate, the Commander of the United States Strategic Command, Admiral Charles A. Richard, said that the basic design criteria in the triad is that “you cannot allow a failure of any one leg of the triad to prevent you from being able to do everything the President has ordered you to do.”.

(2) Admiral Richard further stated that in the event of one leg atrophying, “You are completely dependent on the submarine leg, and I’ve already told the Secretary of Defense that under those conditions I would request to re-alert the bombers.”.

(b) Cost estimate.—The Secretary of the Air Force shall develop a cost estimate with respect to re-alerting long-range bombers in the absence of a ground-based leg of the nuclear triad.

SEC. 1631. Notification regarding intercontinental ballistic missiles of China.

(a) Requirement.—If the Commander of the United States Strategic Command determines that the number of intercontinental ballistic missiles in the active inventory of China exceeds the number of intercontinental ballistic missiles in the active inventory of the United States, or that the number of nuclear warheads equipped on such missiles of China exceeds the number of nuclear warheads equipped on such missiles of the United States, the Commander shall submit to the congressional defense committees—

(1) a notification of such determination;

(2) an assessment of the composition of the intercontinental ballistic missiles of China, including the types of nuclear warheads equipped on such missiles; and

(3) a strategy for deterring China.

(b) Form.—The notification under paragraph (1) of subsection (a) shall be submitted in unclassified form, and the assessment and strategy under paragraphs (2) and (3) of such subsection may be submitted in classified form.

(c) Termination.—The requirement under subsection (a) shall terminate on the date that is four years after the date of the enactment of this Act.

SEC. 1632. Information regarding review of Minuteman III service life extension program.

(a) Requirement.—The Secretary of Defense shall submit to the congressional defense committees all scoping documents relating to any covered review, including the names, titles, and backgrounds of the individuals of the federally funded research and development center who are conducting the review. The Secretary shall submit such information by the date that is the later of the following:

(1) 15 days after the date on which the covered review is initiated.

(2) 15 days after the date of the enactment of this Act.

(b) Covered review.—In this section, the term “covered review” means any review initiated in 2021 or 2022 by a federally funded research and development center regarding a service life extension program for Minuteman III intercontinental ballistic missiles.

SEC. 1633. Sense of Congress regarding nuclear posture review.

It is the sense of Congress that the nuclear posture review initiated in 2021 should address the following:

(1) An assessment of the current and projected nuclear capabilities of Russia and China;

(2) the role of nuclear forces in United States military strategy, planning, and programming;

(3) the relationship between deterrence, targeting, and arms control;

(4) the role of missile defenses, conventional strike forces, and other capabilities play in determining the role and size of nuclear forces;

(5) the levels and composition of nuclear delivery systems required to implement national strategy;

(6) the nuclear weapons complex required to implement such strategy, including with respect to modernization; and

(7) the active and inactive nuclear weapons stockpile required to implement such strategy, including with respect to the replacement and modification of nuclear weapons.

subtitle D—Missile Defense Programs

SEC. 1641. Directed energy programs for ballistic and hypersonic missile defense.

(a) Findings.—Congress finds the following:

(1) In the fiscal year 2021 budget request of the Department of Defense, the Secretary of Defense removed all funding from the Missile Defense Agency to conduct research, engineering, or development for directed energy technologies that could be applicable for ballistic and hypersonic missile defense, and this removal of funding continued in the fiscal year 2022 budget request of the Department, despite Congress appropriating funding for fiscal year 2021 for these efforts.

(2) In January 2020, an independent Senior Executive Review Team noted that “If successfully developed, the unique features of diode pumped alkali laser, an efficient electrically powered, relatively short wavelength gas laser with the potential to deliver megawatt power with near diffraction limited beam quality from a single aperture would provide the Department of Defense and the Missile Defense Agency with an important strategic technology with the potential for an attractive size, weight, and power. Such a system would have potential capability use cases across all services/agencies.”. However, the Under Secretary of Defense for Research and Engineering did not support continued investigation of this promising technology by the Missile Defense Agency.

(3) In addition to diode pumped alkali lasers, there are other directed energy applications that have the potential to contribute to ballistic and hypersonic missile defense architecture, including microwave and short pulse lasers technologies.

(b) Sense of Congress.—It is the sense of Congress that the Director of the Missile Defense Agency should continue to fund promising directed energy technologies for ballistic and hypersonic missile defense, in coordination with the directed energy roadmap of the Under Secretary of Defense for Research and Engineering, with the intent to transfer technologies to the military departments as appropriate.

(1) DELEGATION.—The Secretary of Defense shall delegate to the Director of the Missile Defense Agency the authority to budget for, direct, and manage directed energy programs applicable for ballistic and hypersonic missile defense missions, in coordination with other directed energy efforts of the Department of Defense.

(2) PRIORITIZATION.—In budgeting for and directing directed energy programs applicable for ballistic and hypersonic defensive missions pursuant to paragraph (1), the Director of the Missile Defense Agency shall—

(A) prioritize the early research and development of technologies; and

(B) address the transition of such technologies to industry to support future operationally relevant capabilities.

SEC. 1642. Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency.

(a) Notice and wait.—

(1) REQUIREMENT.—The Secretary of Defense may not make any changes to the missile defense non-standard acquisition and requirements processes and responsibilities described in paragraph (2) until the Secretary, without delegation, on or after the date of the enactment of this Act—

(A) has consulted with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Policy, the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, the Commander of the United States Strategic Command, the Commander of the United States Northern Command, and the Director of the Missile Defense Agency;

(B) certifies to the congressional defense committees that the Secretary has coordinated the changes with, and received the views of, the individuals referred to in subparagraph (A);

(i) a description of the changes, the rationale for the changes, and the views of the individuals referred to in subparagraph (A) with respect to such changes;

(ii) a certification that the changes will not impair the missile defense capabilities of the United States nor degrade the unique special acquisition authorities of the Missile Defense Agency; and

(iii) with respect to any such changes to Department of Defense Directive 5134.09, a final draft of the proposed modified directive, both in an electronic format and in a hard copy format;

(D) with respect to any such changes to Department of Defense Directive 5134.09, provides to such committees a briefing on the proposed modified directive described in subparagraph (C)(ii); and

(E) a period of 120 days has elapsed following the date on which the Secretary submits the report under subparagraph (C).

(2) NON-STANDARD ACQUISITION AND REQUIREMENTS PROCESSES AND RESPONSIBILITIES DESCRIBED.—The non-standard acquisition and requirements processes and responsibilities described in this paragraph are such processes and responsibilities described in—

(A) the memorandum of the Secretary of Defense titled “Missile Defense Program Direction” signed on January 2, 2002;

(B) Department of Defense Directive 5134.09, as in effect on the date of the enactment of this Act; and

(b) Conforming amendments.—

(1) FY20 NDAA.—Section 1688 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116– 92; 133 Stat. 1787) is amended—

(A) by striking subsection (b); and

(B) by redesignating subsection (c) as subsection (b).

(2) FY21 NDAA.—Section 1641 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 283; 134 Stat. 4061) is amended—

(A) by striking subsection (c); and

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

SEC. 1643. Missile defense radar in Hawaii.

(a) Sense of Congress.—It is the sense of Congress that—

(1) Hawaii should have discrimination radar coverage against intercontinental ballistic missiles that is equivalent to such coverage provided to the contiguous United States and Alaska once the long range discrimination radar achieves operational capability at Clear Air Force Base, Alaska; and

(2) to achieve such equivalent discrimination radar coverage, the Secretary of Defense, acting through the Director of the Missile Defense Agency, should—

(A) restore the discrimination radar for homeland defense planned to be located in Hawaii; and

(B) request adequate funding for the radar in the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for the radar to achieve operational capability by not later than December 31, 2028, when the next generation interceptor is anticipated to achieve initial operating capability.

(b) Certification.—As a part of the defense budget materials (as defined in section 239 of title 10, United States Code) for fiscal year 2023, the Director of the Missile Defense Agency shall certify to the congressional defense committees that—

(1) the future-years defense program submitted to Congress under section 221 of title 10, United States Code, in 2022 includes adequate amounts of estimated funding to develop, construct, test, and integrate into the missile defense system the discrimination radar for homeland defense planned to be located in Hawaii; and

(2) such radar and associated in-flight interceptor communications system data terminal will be operational by not later than December 31, 2028.

SEC. 1644. Guam integrated air and missile defense system.

(a) Architecture and acquisition.—The Secretary of Defense shall identify the architecture and acquisition approach for implementing a 360-degree integrated air and missile defense capability to defend the people, infrastructure, and territory of Guam from advanced cruise, ballistic, and hypersonic missile threats.

(b) Requirements.—The architecture identified under subsection (a) shall have the ability to—

(1) integrate numerous multi-domain sensors, interceptors, and command and control systems while maintaining high kill chain performance against advanced threats;

(2) address robust discrimination and electromagnetic compatibility with other sensors;

(3) engage directly, or coordinate engagements with other integrated air and missile defense systems, to defeat the spectrum of cruise, ballistic, and hypersonic threats;

(4) leverage existing programs of record to expedite the development and deployment of the architecture during the five-year period beginning on the date of the enactment of this Act, with an objective of achieving initial operating capability in 2025, including with respect to—

(A) the Aegis ballistic missile defense system;

(B) standard missile–3 and –6 variants;

(D) the Patriot air and missile defense system;

(E) the integrated battle control system; and

(F) the lower tier air and missile defense sensor and other lower tier capabilities, as applicable;

(5) integrate future systems and interceptors that have the capability to defeat hypersonic missiles in the glide and terminal phases, including integration of passive measures to protect assets in Guam; and

(6) incentivize competition within the acquisition of the architecture and rapid procurement and deployment wherever possible.

(c) Report.—Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the architecture and acquisition approach identified under subsection (a).

SEC. 1645. Limitation on availability of funds until receipt of certain report on Guam.

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 Office of Cost Assessment and Program Evaluation, 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 on the defense of Guam from integrated air and missile threats required by section 1650 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021(Public Law 116–283).

SEC. 1646. Repeal of transition of ballistic missile defense programs to military departments .

Section 1676 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note) is amended by striking subsection (b).

SEC. 1647. Certification required for Russia and China to tour certain missile defense sites.

(a) Certification.—Before the Secretary of Defense makes a determination with respect to allowing a foreign national of Russia or China to tour a covered site, the Secretary shall submit to the congressional defense committees a certification that—

(1) the Secretary has determined that such tour is in the national security interest of the United States, including the justifications for such determination; and

(2) the Secretary will not share any technical data relating to the covered site with the foreign nationals.

(b) Timing.—The Secretary may not conduct a tour described in subsection (a) until a period of 45 days has elapsed following the date on which the Secretary submits the certification for that tour under such subsection.

(1) The combat information center of a naval ship equipped with the Aegis ballistic missile defense system.

(2) An Aegis Ashore site.

(3) A terminal high altitude area defense battery.

(4) A ground-based midcourse defense interceptor silo.

SEC. 1648. Sense of Congress on next generation interceptor program.

It is the sense of Congress that—

(1) in accordance with the national missile defense policy under section 1681 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 328; 10 U.S.C. 2431 note), it is in the national security interest of the United States to design, test, and begin deployment of the next generation interceptor by not later than September 30, 2028; and

(2) the Secretary of Defense should—

(A) maintain competition for the next generation interceptor program through, at a minimum, the critical design reviews of the program;

(B) uphold “fly before you buy” principals in carrying out such program;

(C) continue to incorporate lessons learned from the redesigned kill vehicle program to avoid any similar technical issues; and

(D) continue to maintain continuous engagement with the intelligence community to ensure the next generation interceptor program is outpacing intercontinental ballistic missile threats to the homeland of the United States posed by rogue nations.

subtitle E—Other Matters

SEC. 1651. Cooperative threat reduction funds.

(a) Funding allocation.—Of the $344,849,000 authorized to be appropriated to the Department of Defense for fiscal year 2022 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts may be obligated for the purposes specified:

(1) For strategic offensive arms elimination, $2,997,000.

(2) For chemical security and elimination, $13,250,000.

(3) For global nuclear security, $17,767,000.

(4) For biological threat reduction, $124,022,000.

(5) For proliferation prevention, $58,754,000.

(6) For activities designated as Other Program Support, $23,059,000.

(b) Specification of cooperative threat reduction funds.—Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2022, 2023, and 2024.

SEC. 1652. Establishment of office to address unidentified aerial phenomena.

(a) Establishment.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall establish an office within the Office of the Secretary of Defense to carry out, on a Department-wide basis, the mission currently performed by the Unidentified Aerial Phenomenon Task Force as of the date of the enactment of this Act.

(b) Duties.—The duties of the office established under subsection (a) shall include the following:

(1) Developing procedures to synchronize and standardize the collection, reporting, and analysis of incidents regarding unidentified aerial phenomena across the Department of Defense.

(2) Developing processes and procedures to ensure that such incidents from each military department are reported and incorporated in a centralized repository.

(3) Establishing procedures to require the timely and consistent reporting of such incidents.

(4) Evaluating links between unidentified aerial phenomena and adversarial foreign governments, other foreign governments, or nonstate actors.

(5) Evaluating the threat that such incidents present to the United States.

(6) Coordinating with other departments and agencies of the Federal Government, as appropriate.

(7) Coordinating with allies and partners of the United States, as appropriate, to better assess the nature and extent of unidentified aerial phenomena.

(1) REQUIREMENT.—Not later than December 31, 2022, and annually thereafter until December 31, 2026, the Secretary of Defense shall submit to the appropriate congressional committees a report on unidentified aerial phenomena.

(2) ELEMENTS.—Each report under paragraph (1) shall include, with respect to the year covered by the report, the following information:

(A) An analysis of data and intelligence received through reports of unidentified aerial phenomena.

(B) An analysis of data relating to unidentified aerial phenomena collected through—

(i) geospatial intelligence;

(ii) signals intelligence;

(iii) human intelligence; and

(iv) measurement and signals intelligence.

(D) An analysis of such incidents identified under subparagraph (C).

(E) Identification of potential aerospace or other threats posed by unidentified aerial phenomena to the national security of the United States.

(F) An assessment of any activity regarding unidentified aerial phenomena that can be attributed to one or more adversarial foreign governments.

(G) Identification of any incidents or patterns regarding unidentified aerial phenomena that indicate a potential adversarial foreign government may have achieved a breakthrough aerospace capability.

(H) An update on the coordination by the United States with allies and partners on efforts to track, understand, and address unidentified aerial phenomena.

(I) An update on any efforts underway on the ability to capture or exploit discovered unidentified aerial phenomena.

(J) An assessment of any health-related effects for individuals that have encountered unidentified aerial phenomena.

(d) Task force.—Not later than the date on which the Secretary establishes the office under subsection (a), the Secretary shall terminate the Unidentified Aerial Phenomenon Task Force.

(e) Definitions.—In this section:

(1) The term “appropriate congressional committees” means the following:

(A) The Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

(B) The Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.

(2) The term “unidentified aerial phenomena” means airborne objects witnessed by a pilot or aircrew member that are not immediately identifiable.

SEC. 1653. Matters regarding Integrated Deterrence Review.

(a) Reports.—Not later than 30 days after the date on which the Integrated Deterrence Review that commenced during 2021 is submitted to the congressional defense committees, the Secretary of Defense shall submit to the congressional defense committees the following:

(1) Each report, assessment, and guidance document produced by the Department of Defense pursuant to the Integrated Deterrence Review or during subsequent actions taken to implement the conclusions of the Integrated Deterrence Review, including with respect to each covered review.

(2) A report explaining how each such covered review differs from the previous such review.

(b) Certifications.—Not later than 30 days after the date on which a covered review is submitted to the congressional defense committees, the Chairman of the Joint Chiefs of Staff, the Vice Chairman of the Joint Chiefs of Staff, and the Commander of the United States Strategic Command shall each directly submit to such committees—

(1) a certification regarding whether the Chairman, Vice Chairman, or Commander, as the case may be, had the opportunity to provide input into the covered review; and

(2) a description of the degree to which the covered reviews differ from the military advice contained in such input (or, if there was no opportunity to provide such input, would have been contained in the input if so provided).

(1) the Missile Defense Review that commenced during 2021; and

(2) the Nuclear Posture Review that commenced during 2021.

SEC. 1654. Sense of Congress on indemnification and the conventional prompt global strike weapon system.

It is the sense of Congress that—

(1) the conventional prompt global strike weapon system of the Navy, for which the Secretary of the Navy has declined to provide indemnification, will have more than twice the TNT equivalent of the bomb used in the 1993 World Trade Center bombing that resulted in many casualties and more than $3,300,000,000 in insurance claims in 2021 dollars—an amount that is $1,100,000,000 greater than the insurance limits currently available from private insurance underwriters;

(2) the term “unusually hazardous” used in Executive Order 10789, as amended, pursuant to public Law 85–804 (50 U.S.C. 1431 et seq.) should be objectively and consistently applied to weapons systems and programs whose physical properties inherently possess substantial explosive energy whose misapplication or accidental ignition could result in catastrophic material destruction and human injuries and deaths;

(3) an inconsistent and arbitrary application of such Executive Order and law may create significant risk for the industrial base and loss of critical defense capabilities; and

(4) the Secretary of the Navy should—

(A) take maximum practicable advantage of existing statutory authority to provide indemnification for large rocket programs employing “unusually hazardous” propulsion systems for both nuclear and non-nuclear strategic systems; and

(B) develop a policy for more consistently applying such authority.

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

SEC. 1701. Technical, conforming, and clerical amendments related to the transfer and reorganization of defense acquisition statutes.

(a) Applicability; definitions.—

(1) APPLICABILITY.—The amendments made by this section to title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) shall apply as if included in such Act as enacted.

(2) DEFINITIONS.—In this section, the terms “FY2021 NDAA” and “such Act” mean the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

(b) Technical corrections to title XVIII of FY2021 NDAA.—Title XVIII of the FY2021 NDAA is amended as follows:

(1) Section 1806(a) is amended in paragraph (4) by striking “Transfer” and all that follows through “and amended” and inserting the following: “Restatement of section 2545(1).—Section 3001 of such title, as added by paragraph (1), is further amended by inserting after subsection (b), as transferred and redesignated by paragraph (3), a new subsection (c) having the text of paragraph (1) of section 2545 of such title, as in effect on the day before the date of the enactment of this Act, revised”.

(2) Section 1807 is amended—

(A) in subsection (c)(3)(A)—

(i) by striking the semicolon and close quotation marks at the end of clause (i) and inserting close quotation marks and a semicolon; and

(ii) by striking “by any” in the matter to be inserted by clause (ii); and

(B) in subsection (e)—

(i) by striking “of this title” in the matter to be inserted by paragraph (2)(B); and

(ii) by striking “Sections” in the quoted matter before the period at the end of paragraph (3) and inserting “For purposes of”.

(3) Section 1809(e) is amended by striking subparagraph (B) of paragraph (2) (including the amendment made by that subparagraph).

(4) Section 1811 is amended—

(A) in subsection (c)(2)(B), by striking the comma before the close quotation marks in both the matter to be stricken and the matter to be inserted;

(B) in subsection (d)(3)(B)—

(i) by striking the dash after “mobilization” in the matter to be inserted by clause (ii) and inserting a semicolon; and

(ii) by striking the dash after “center” in the matter to be inserted by clause (iv) and inserting “; or”;

(D) in subsection (d)(5)(A), by striking “Sources.—The” and inserting “Sources.—” before “The”;

(E) in subsection (d)(6)(A), in the matter to be inserted—

(i) by striking the close quotation marks after “Procedures.—”; and

(ii) by striking the comma after “(7)”; and

(F) in subparagraphs (C)(ii) and (E)(ii) of subsection (e)(3), by striking “and (ii)” each place it appears and inserting “and (iii)”.

(5) Section 1813 is amended in subsection (c)(1)(D) by inserting “and inserting” after the first closing quotation marks.

(6) Section 1816(c)(5) is amended—

(A) in subparagraph (C)—

(i) by striking “the second sentence” and inserting “the second and third sentences”; and

(ii) by striking “subsection (d)” and inserting “subsections (d) and (e), respectively”; and

(B) by striking subparagraph (G) and inserting the following:

“(G) in subsection (d), as so designated, by inserting ‘Notice of award.—’ before ‘The head of’; and

“(H) in subsection (e), as so designated, by striking ‘This subparagraph does not’ and inserting ‘Exception for perishable subsistence items.—Subsections (c) and (d) do not’.”.

(7) Section 1818 is amended by striking the close quotation marks and second period at the end of subsection (b).

(8) Section 1820 is amended in subsection (c)(3)(A) by striking “section” in the matter to be deleted.

(9) Section 1833(o)(2) is amended by striking “Section” and “as section” and inserting “Sections” and “as sections”, respectively.

(10) Section 1834(h)(2) is amended by striking “section 3801(1)” in the matter to be inserted and inserting “section 3801(a)”.

(11) Section 1845(c)(2) is amended by striking “section” in the matter to be stricken and inserting “sections”.

(12) Section 1856(h) is amended by striking “subsection (d)” and inserting “subsection (g)”.

(13) Section 1862(c)(2) is amended by striking “section 4657” and inserting “section 4658”.

(14) Section 1866(d) is amended by striking “4817” in the matter to be inserted by paragraph (4)(A)(ii) and inserting “4818”.

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

(a) Amendments to title 10, united states code.—Title 10, United States Code, is amended as follows:

(1) Section 171a(i)(3) is amended by striking “2366a(d)” and inserting “4251(d)”.

(2) Section 181(b)(6) is amended by striking “sections 2366a(b), 2366b(a)(4),” and inserting “sections 4251(b), 4252(a)(4),”.

(3) Section 1734(c)(2) is amended by striking “section 2435(a)” and inserting “section 4214(a)”.

(b) Amendments to laws classified as notes in title 10, united states code.—

(1) Section 801(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2302 note) is amended by striking “section 2545” and inserting “section 3001”.

(2) Section 323(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2463 note) is amended by striking “section 235, 2330a, or 2463” and inserting “section 2463, 3137, or 4505”.

(3) Section 8065 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 10 U.S.C. 2540 note), is amended—

(A) by striking “subchapter VI of chapter 148” both places it appears and inserting “subchapter I of chapter 389”; and

(B) by striking “section 2540c(d)” and inserting “section 4974(d)”.

(1) Section 831(a) of the Homeland Security Act of 2002 (6 U.S.C. 391(a)) is amended—

(A) in paragraph (1), by striking “section 2371” and inserting “section 4002”; and

(B) in paragraph (2)—

(i) by striking “section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160)” in the first sentence and inserting “section 4003 of title 10, United States Code”; and

(ii) by striking “845” in the second sentence.

(2) Section 853(b) of such Act (6 U.S.C. 423(b)) is amended by striking paragraphs (1), (2), and (3) and inserting the following:

“(1) Section 134 of title 41, United States Code.

“(2) Section 153 of title 41, United States Code.

“(3) Section 3015 of title 10, United States Code.”.

(3) Section 855 of such Act (6 U.S.C. 425) is amended—

(A) in subsection (a)(2), by striking subparagraphs (A), (B), and (C) and inserting the following:

“(A) Sections 1901 and 1906 of title 41, United States Code.

“(B) Section 3205 of title 10, United States Code.

“(C) Section 3305 of title 41, United States Code.”; and

(B) in subsection (b)(1), by striking “provided in” and all that follows through “shall not” and inserting “provided in section 1901(a)(2) of title 41, United States Code, section 3205(a)(2) of title 10, United States Code, and section 3305(a)(2) of title 41, United States Code, shall not”.

(4) Section 856(a) of such Act (6 U.S.C. 426(a)) is amended by striking paragraphs (1), (2), and (3) and inserting the following:

“(1) FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949.—In division C of subtitle I of title 41, United States Code:

“(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3304 of such title, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section).

“(B) Section 4106 of such title, relating to orders under task and delivery order contracts.

“(2) TITLE 10, UNITED STATES CODE.—In part V of subtitle A of title 10, United States Code:

“(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3204, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section).

“(B) Section 3406, relating to orders under task and delivery order contracts.

“(3) OFFICE OF FEDERAL PROCUREMENT POLICY ACT.—Paragraphs (1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41, United Sates Code, relating to inapplicability of a requirement for procurement notice.”.

(5) Section 604(f) of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b(f)) is amended by striking “section 2304(g)” and inserting “section 3205”.

(d) Amendments to title 14, united states code (coast guard).—Title 14, United States Code, is amended as follows:

(1) Section 308(c)(10)(B)(ii) is amended by striking “section 2547(c)(1)” and inserting “section 3104(c)(1)”.

(2) Section 1137(b)(4) is amended by striking “section 2306b” and inserting “subchapter I of chapter 249”.

(3) Section 1906(b)(2) is amended by striking “chapter 137” and inserting “sections 3201 through 3205”.

(e) Amendments to laws classified in title 15, united states code (commerce).—

(1) Section 14(a) of the Metric Conversion Act of 1975 (15 U.S.C. 205l(a)) is amended—

(A) in the first sentence, by striking “set forth in chapter 137” and all that follows through “et seq.),” and inserting “set forth in the provisions of title 10, United States Code, referred to in section 3016 of such title as ‘chapter 137 legacy provisions’, section 3453 of such title, division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code,”;

(B) in the second sentence, by striking “under section 2377(c)” and all that follows through the period and inserting “under section 3453(c) of title 10, United States Code, and section 3307(d) of title 41, United States Code.”; and

(C) in the third sentence, by striking “section 2377” and all that follows through “shall take” and inserting “section 4324 of title 10, United Sates Code, or section 3307(b) to (d) of title 41, United States Code, then the provisions of such sections 4324 or 3307(b) to (d) shall take”.

(2) Section 8 of the Small Business Act (15 U.S.C. 637) is amended—

(A) in subsection (g)(2), by striking “section 2304(c)” and inserting “section 3204(a)”; and

(B) in subsection (h)—

(i) in paragraph (1)(B), by striking “chapter 137” and inserting “section 3201 through 3205”; and

(ii) in paragraph (2), by striking “section 2304(f)(2)” and “section 2304(f)(1)”, and inserting “paragraphs (3) and (4) of section 3204(e)” and “section 3204(e)(1)”, respectively.

(3) Section 9 of the Small Business Act (15 U.S.C. 638) is amended in subsection (r)(4)(A) by striking “section 2304” and inserting “sections 3201 through 3205”.

(4) Section 884(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 15 U.S.C. 638 note) is amended by striking “section 2500” and inserting “section 4801”.

(5) Section 15 of the Small Business Act (15 U.S.C. 644) is amended—

(A) in subsection (k)—

(i) in paragraph (17)(B), by striking “section 2318” and inserting “section 3249”;

(ii) in paragraph (17)(C), by striking “chapter 142” and inserting “chapter 388”; and

(iii) in paragraph (18), by striking “section 2784” and inserting “section 4754”;

(B) in subsection (r)(2), by striking “section 2304c(b)” and inserting “section 3406(c)”; and

(6) Section 16 of the Small Business Act (15 U.S.C. 645) is amended in subsection (d)(3) by striking “chapter 142” and inserting “chapter 388”.

(7) Section 272 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100–180; 15 U.S.C. 4602) is amended in subsection (c) by striking “section 2306a” and inserting “chapter 271”.

(f) Amendments to titles 32, united states code (national guard) and 37, united states code (pay and allowances).—

(1) Section 113 of title 32, United States Code, is amended in subsection (b)(1)(B) by striking “section 2304(c)” and inserting “section 3204(a)”.

(2) Section 418 of title 37, United States Code, is amended in subsection (d)(2)(A)—

(A) by striking “section 2533a” and inserting “section 4862”; and

(B) by striking “chapter 137 of title 10” and inserting “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)”.

(g) Amendments to title 40, united states code (public buildings).—Title 40, United States Code, is amended as follows:

(1) Section 113(e) is amended—

(A) in paragraph (3)—

(i) by striking “chapter 137” and inserting “section 3063”; and

(ii) by striking “that chapter;” and inserting “the provisions of that title referred to in section 3016 of such title as ‘chapter 137 legacy provisions’;”; and

(B) in paragraph (5), by striking “section 2535” and inserting “section 4881”.

(2) Section 581(f)(1)(A) is amended by striking “section 2535” and inserting “section 4881”.

(h) Amendments to title 41, united states code (public contracts).—Title 41, United States Code, is amended as follows:

(1) Section 1127(b) is amended by striking “section 2324(e)(1)(P)” and inserting “section 3744(a)(16)”.

(2) Section 1303(a)(1) is amended by striking “chapters 4 and 137 of title 10” and inserting “chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)”.

(3) Section 1502(b)(1)(B) is amended by striking “section 2306a(a)(1)(A)(i)” and inserting “section 3702(a)(1)(A)”.

(4) Section 1708(b)(2)(A) is amended by striking “section 2304(c)” and inserting “section 3204(a)”.

(5) Section 1712(b)(2)(B) is amended by striking “section 2304(c)” and inserting “section 3204(a)”.

(6) Section 1901(e)(2) is amended by striking “section 2304(f)” and inserting “section 3204(e)”.

(7) Section 1903 is amended—

(A) in subsection (b)(3), by striking “section 2304(g)(1)(B)” and inserting “section 3205(a)(2)”; and

(B) in subsection (c)(2)(B), by striking “section 2306a” and inserting “chapter 271”.

(8) Section 1907(a)(3)(B)(ii) is amended by striking “section 2305(e) and (f)” and inserting “section 3308”.

(9) Section 1909(e) is amended by striking “section 2784” and inserting “section 4754”.

(10) Section 2101(2)(A) is amended by striking “section 2306a(h)” and inserting “section 3701”.

(11) Section 2311 is amended by striking “section 2371” and inserting “section 4002”.

(12) Section 3302 is amended—

(A) in subsection (a)(3)—

(i) in subparagraph (A), by striking “section 2302(2)(C)” and inserting “section 3012(3)”; and

(ii) in subparagraph (B), by striking “sections 2304a to 2304d of title 10,” and inserting “chapter 245 of title 10”;

(B) in subsection (c)(1)(A)(i), by striking “section 2304c(b)” and inserting “section 3406(c)”; and

(13) Section 3307(e)(1) is amended by striking “chapter 140” and inserting “chapter 247”.

(14) Section 4104 is amended—

(A) in subsection (a), by striking “sections 2304a to 2304d” and inserting “chapter 245”; and

(B) in subsection (b)—

(i) in paragraph (1), by striking “sections 2304a to 2304d” and inserting “chapter 245”;

(ii) in paragraph (2)(B), by striking “section 2304c(b)” and inserting “section 3406(c)”; and

(iii) in paragraph (2)(C), by striking “section 2304c(c)” and inserting “section 3406(e)”.

(i) Amendments to laws classified as notes in title 41, united states code.—

(1) Section 555 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 41 U.S.C. preceding 3101 note) is amended by striking “section 2305” in subsections (a)(4) and (c)(1) and inserting “sections 3206 through 3208 and sections 3301 through 3309”.

(2) Section 846(f)(5) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 41 U.S.C. 1901 note) is amended by striking “section 2304” and inserting “sections 3201 through 3205”.

(3) Section 811 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 41 U.S.C. 3304 note) is amended—

(A) in subsection (a)(3), by striking “sections 2304(f)(1)(C) and 2304(l)” and inserting “sections 3204(e)(1)(C) and 3204(g)”; and

(B) in subsection (c)—

(i) in paragraph (1)(A), by striking “section 2304(f)(2)(D)(ii)” and inserting “section 3204(e)(4)(D)(ii)”;

(ii) in paragraph (2)(A), by striking “section 2302(1)” and inserting “section 3004”; and

(iii) in paragraph (3)(A), by striking “section 2304(f)(1)(B)” and inserting “section 3204(e)(1)(B)”.

(j) Amendments to laws classified in title 42, united states code.—

(1) The Public Health Service Act (Public Law 78–410) is amended—

(A) in section 301(a)(7) (42 U.S.C. 241(a)(7)), by striking “sections 2353 and 2354” and inserting “sections 3861 and 4141”; and

(B) in section 405(b)(1) (42 U.S.C. 284(b)(1)), by striking “section 2354” and inserting “section 3861”.

(2) Section 403(a) of the Housing Amendments of 1955 (42 U.S.C. 1594(a)) is amended by striking “section 3 of the Armed Services Procurement Act of 1947” and inserting “chapters 221 and 241 of title 10, United States Code”.

(3) Title II of the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1986 (Public Law 99–160), is amended by striking “section 2354” in the last proviso in the paragraph under the heading “National Science Foundation — Research and Related Activities” (42 U.S.C. 1887) and inserting “section 3861”.

(4) Section 306(b)(2) of the Disaster Mitigation Act of 2000 (42 U.S.C. 5206(b)(2)) is amended by striking “section 2393(c)” and inserting “section 4654(c)”.

(5) Section 801(c)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287) is amended by striking “section 2304c(d)” and all that follows and inserting “section 3406(d) of title 10, United States Code, and section 4106(d) of title 41, United States Code.”.

(6) Section 3021(a) of the Energy Policy Act of 1992 (42 U.S.C. 13556) is amended by striking “chapter 137 of title 10” and inserting “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code)”.

(k) Amendments to laws classified in title 50, united states code.—

(1) Section 141(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 50 U.S.C. 1521a(a)) is amended by striking “section 2430” and inserting “section 4201”.

(2) Section 502(a) of the National Emergencies Act (50 U.S.C. 1651(a)) is amended by striking paragraphs (1) through (5) and inserting the following:

“(1) Chapters 1 to 11 of title 40, United States Code, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code.

“(2) Section 3727(a)–(e)(1) of title 31, United States Code.

“(3) Section 6305 of title 41, United States Code.

“(4) Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431 et seq.).

“(5) Section 3201(a) of title 10, United States Code.”.

(3) The Atomic Energy Defense Act is amended as follows:

(A) Sections 4217 and 4311 (50 U.S.C. 2537, 2577) are each amended in subsection (a)(2) by striking “section 2432” and inserting “chapter 324”.

(B) Section 4813 (50 U.S.C. 2794) is amended by striking “section 2500” in subsection (c)(1)(C) and inserting “section 4801”.

(4) Section 107 of the Defense Production Act (50 U.S.C. 4517) is amended in subsection (b)(2)(B) by striking clauses (i) and (ii) and inserting the following:

“(i) section 3203(a)(1)(B) or 3204(a)(3) of title 10, United States Code;

“(ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41, United States Code; or”.

(l) Other amendments.—

(1) Section 1473H of the National Agriculture Advanced Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319k) is amended by striking “section 2371” in subsections (b)(6)(A) and (d)(1)(B) and inserting “section 4002”.

(2) Section 1301 of title 17, United States Code, is amended in subsection (a)(3) by striking “section 2320” and inserting “subchapter I of chapter 275”.

(3) Section 21 of the Arms Export Control Act (22 U.S.C. 2761) is amended by striking “chapter 137” in subsection (l)(4) and subsection (m)(4) and inserting “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code)”.

(4) Section 3 of the Foreign Direct Investment and International Financial Data Improvements Act of 1990 (Public Law 101–533; 22 U.S.C. 3142) is amended in subsection (c)(2) by striking “section 2505” and inserting “section 4816”.

(5) Section 3553 of title 31, United States Code, is amended in subsection (d)(4)(B) by striking “section 2305(b)(5)(B)(vii)” and inserting “section 3304(c)(7)”.

(6) Section 226 of the Water Resources Development Act of 1992 (33 U.S.C. 569f) is amended by striking “section 2393(c)” and inserting “section 4654(c)”.

(7) Section 40728B(e) of title 36, United States Code, is amended—

(A) striking “subsection (k) of section 2304” and inserting “section 3201(e)”; and

(B) by striking “subsection (c) of such section” and inserting “section 3204(a)”.

(8) Section 1427(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 40 U.S.C. 1103 note) is amended by striking “sections 2304a and 2304b” and inserting “sections 3403 and 3405”.

(9) Section 895(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 40 U.S.C. 11103 note) is amended by striking “section 2366a(d)(7)” and inserting “section 4251(d)(5)”.

(10) Sections 50113(c), 50115(b), and 50132(a) of title 51, United States Code, are amended by striking “including chapters 137 and 140” and inserting “including applicable provisions of chapters 201 through 285, 341 through 343, and 363”.

(11) Section 823(c)(3)(C) of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (Public Law 115–10; 51 U.S.C. preceding 30301 note) is amended by striking “section 2319” and inserting “section 3243”.

State	Installation or Location	Amount
Alabama	Anniston Army Depot	$25,000,000
	Fort Rucker	$66,000,000
	Redstone Arsenal	$55,000,000
California	Fort Irwin	$52,000,000
Georgia	Fort Stewart	$100,000,000
Hawaii	West Loch Naval Magazine Annex	$51,000,000
Kansas	Fort Leavenworth	$34,000,000
Kentucky	Fort Knox	$27,000,000
Louisiana	Fort Polk	$111,000,000
Maryland	Fort Detrick	$23,981,000
	Fort Meade	$81,000,000
New Jersey	Armaments Center	$1,800,000
New York	Fort Hamilton	$26,000,000
	Watervliet Arsenal	$20,000,000
Pennsylvania	Letterkenny Army Depot	$21,000,000
Texas	Fort Hood	$90,200,000

State	Installation	Amount
Belgium	Shape Headquarters	$16,000,000
Germany	Smith Barracks	$33,500,000
	East Camp Grafenwoehr	$103,000,000
Classified Location	Classified Location	$31,000,000

Country	Installation or Location	Units	Amount
Italy	Vicenza	Family Housing New Construction	$92,304,000

Country	Installation	Project	Original Authorized Amount
Germany	Wiesbaden Army Airfield	Hazardous Material Storage Building	$2,700,000

State	Installation or Location	Amount
Arizona	Marine Corps Air Station Yuma	$99,600,000
California	Air Ground Combat Center Twentynine Palms	$45,000,000
	San Nicolas Island	$19,907,000
Guam	Andersen Air Force Base	$50,890,000
	Joint Region Marianas	$507,527,000
Hawaii	Marine Corps Base Kaneohe	$101,200,000
North Carolina	Cherry Point Marine Corps Air Station	$321,417,000
Nevada	Naval Air Station Fallon	$48,250,000
Virginia	Marine Corps Base Quantico	$42,850,000
	Naval Station Norfolk	$269,693,000
	Norfolk Naval Shipyard	$156,380,000

Location	Installation	Units or Purpose	Amount
District of Columbia	Marine Barracks Washington	Family housing improvements	$10,415,000
Japan	Fleet Activities Yokosuka	Family housing improvements	$61,469,000

State or Country	Installation or Location	Project	Original Authorized Amount
Germany	Ramstein Air Base	37 AS Squadron Operations/Aircraft Maintenance Unit	$13,437,000
	Spangdahlem Air Base	F/A-22 Low Observable/Composite Repair Facility	$12,000,000
	Spangdahlem Air Base	Upgrade Hardened Aircraft Shelters for F/A-22	$2,700,000
Guam	Joint Region Marianas	APR - Munitions Storage Igloos, Phase 2	$35,300,000
	Joint Region Marianas	APR - SATCOM C4I Facility	$14,200,000
Japan	Kadena Air Base	APR - Replace Munitions Structures	$19,815,000
	Yokota Air Base	C-130J Corrosion Control Hangar	$23,777,000
	Yokota Air Base	Construct Combat Arms Training and Maintenance Facility	$8,243,000
Massachusetts	Hanscom Air Force Base	Vandenberg Gate Complex	$10,965,000
United Kingdom	Royal Air Force Croughton	Main Gate Complex	$16,500,000

Component	Installation or Location	Project	Amount
Army	Camp Humphreys	Unaccompanied Enlisted Personnel Housing	$52,000,000
Army	Camp Humphreys	Type I Aircraft Parking Apron and Parallel Taxiway	$48,000,000
Army	Camp Humphreys	Black Hat Intelligence Fusion Center	$149,000,000
Navy	Mujuk	Expeditionary Dining Facility	$10,200,000
Air Force	Gimhae Air Base	Repair Contingency Hospital	$75,000,000
Air Force	Osan Air Base	Munitions Storage Area Move Delta (Phase 2)	$171,000,000

SEC. 4401. MILITARY PERSONNEL(In Thousands of Dollars)
Item	FY 2022 Request	House Authorized
MERHCF	9,337,175	9,337,175
MILPERS	157,947,920	157,521,920
ARNG Chemical Biological Radiological Nuclear (CBRN) Response Forces Readiness		9,200
Historical underexecution		[–500,000]
Military Personnel, Navy—Manpower costs for CG–56, CG–57, and CG–61		64,800

SEC. 4501. OTHER AUTHORIZATIONS(In Thousands of Dollars)
Item	FY 2022 Request	House Authorized
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE	26,935	26,935
ARMY SUPPLY MANAGEMENT	357,776	357,776
TOTAL WORKING CAPITAL FUND, ARMY	384,711	384,711

WORKING CAPITAL FUND, NAVY
SUPPLY MANAGEMENT—NAVY	150,000	150,000
TOTAL WORKING CAPITAL FUND, NAVY	150,000	150,000

WORKING CAPITAL FUND, AIR FORCE
SUPPLY MANAGEMENT	77,453	77,453
TOTAL WORKING CAPITAL FUND, AIR FORCE	77,453	77,453

WORKING CAPITAL FUND, DEFENSE-WIDE
ENERGY MANAGEMENT—DEFENSE	40,000	40,000
SUPPLY CHAIN MANAGEMENT—DEFENSE	87,765	87,765
TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE	127,765	127,765

WORKING CAPITAL FUND, DECA
COMMISSARY OPERATIONS	1,162,071	1,162,071
TOTAL WORKING CAPITAL FUND, DECA	1,162,071	1,162,071

CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION—O&M	93,121	93,121
CHEM DEMILITARIZATION—RDT&E	1,001,231	1,001,231
TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION	1,094,352	1,094,352

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT	593,250	593,250
DRUG DEMAND REDUCTION PROGRAM	126,024	126,024
NATIONAL GUARD COUNTER-DRUG PROGRAM	96,970	96,970
NATIONAL GUARD COUNTER-DRUG SCHOOLS	5,664	5,664
TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF	821,908	821,908

OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL	434,700	434,700
OFFICE OF THE INSPECTOR GENERAL—CYBER	1,218	1,218
OFFICE OF THE INSPECTOR GENERAL—RDTE	2,365	2,365
OFFICE OF THE INSPECTOR GENERAL—PROCUREMENT	80	80
TOTAL OFFICE OF THE INSPECTOR GENERAL	438,363	438,363

DEFENSE HEALTH PROGRAM
IN-HOUSE CARE	9,720,004	9,757,004
DHA—reverse DWR cuts to Defense Health Program		[37,000]
PRIVATE SECTOR CARE	18,092,679	18,092,679
CONSOLIDATED HEALTH SUPPORT	1,541,122	2,316,047
Anomalous Health Incidents		[114,925]
DHA—Global Emerging Infectious Surveillance System		[50,000]
DHP COVID-related shortfalls		[600,000]
Global Emerging Infectious Surveillance Program		[10,000]
INFORMATION MANAGEMENT	2,233,677	2,233,677
MANAGEMENT ACTIVITIES	335,138	335,138
EDUCATION AND TRAINING	333,234	708,734
DWR cut reversal to USUHS Basic Research Program		[15,500]
USUHS BLDG usage: ID and Vax Research, Pandemic Response and Collaboration and Supply Chain Independence		[360,000]
BASE OPERATIONS/COMMUNICATIONS	1,926,865	1,941,865
National Disaster Medical System Surge Partnerships		[15,000]
R&D RESEARCH	9,091	9,091
R&D EXPLORATRY DEVELOPMENT	75,463	75,463
R&D ADVANCED DEVELOPMENT	235,556	235,556
R&D DEMONSTRATION/VALIDATION	142,252	142,252
R&D ENGINEERING DEVELOPMENT	101,054	123,054
Brainscope		[5,000]
Freeze-dried platelets		[10,000]
Program increase		[7,000]
R&D MANAGEMENT AND SUPPORT	49,645	49,645
R&D CAPABILITIES ENHANCEMENT	17,619	17,619
PROC INITIAL OUTFITTING	20,926	20,926
PROC REPLACEMENT & MODERNIZATION	250,366	250,366
PROC MILITARY HEALTH SYSTEM—DESKTOP TO DATACENTER	72,302	72,302
PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION	435,414	435,414
TOTAL DEFENSE HEALTH PROGRAM	35,592,407	36,816,832

TOTAL OTHER AUTHORIZATIONS	39,849,030	41,073,455

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS(In Thousands of Dollars)
Program	FY 2022 Request	House Authorized
Discretionary Summary By Appropriation
Energy And Water Development, And Related Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy	149,800	149,800

Atomic Energy Defense Activities
National nuclear security administration:
Weapons activities	15,484,295	15,944,295
Defense nuclear nonproliferation	1,934,000	1,994,500
Naval reactors	1,860,705	1,860,705
Federal salaries and expenses	464,000	464,000
Total, National Nuclear Security Administration	19,743,000	20,263,500

Environmental and other defense activities:
Defense environmental cleanup	6,841,670	6,848,170
Other defense activities	1,170,000	920,000
Total, Environmental & other defense activities	8,011,670	7,768,170
Total, Atomic Energy Defense Activities	27,754,670	28,031,670
Total, Discretionary Funding	27,904,470	28,181,470

Nuclear Energy
Idaho sitewide safeguards and security	149,800	149,800
Total, Nuclear Energy	149,800	149,800

Stockpile Management
Stockpile Major Modernization
B61–12 Life extension program	771,664	771,664
W88 Alteration Program	207,157	207,157
W80–4 Life extension program	1,080,400	1,080,400
W80–4 ALT SLCM	10,000	10,000
W87–1 Modification Program	691,031	691,031
W93 Program	72,000	72,000
Total, Stockpile Major Modernization	2,832,252	2,832,252

Stockpile services
Production Operations	568,941	568,941
Stockpile Sustainment	1,180,483	1,128,483
No funds for B83 service life extension		[–52,000]
Weapons Dismantlement and Disposition	51,000	51,000
Subtotal, Stockpile Services	1,800,424	1,748,424
Total, Stockpile Management	4,632,676	4,580,676

Weapons Activities
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations	660,419	660,419
21–D–512 Plutonium Pit Production Project, LANL	350,000	350,000
Subtotal, Los Alamos Plutonium Modernization	1,010,419	1,010,419
Savannah River Plutonium Modernization
Savannah River Plutonium Operations	128,000	128,000
21–D–511 Savannah River Plutonium Processing Facility, SRS	475,000	475,000
Subtotal, Savannah River Plutonium Modernization	603,000	603,000
Enterprise Plutonium Support	107,098	107,098
Total, Plutonium Modernization	1,720,517	1,720,517
High Explosives and Energetics	68,785	68,785
Total, Primary Capability Modernization	1,789,302	1,789,302
Secondary Capability Modernization	488,097	488,097
Tritium and Domestic Uranium Enrichment	489,017	489,017
Non-Nuclear Capability Modernization	144,563	144,563
Total, Production Modernization	2,910,979	2,910,979


Stockpile Research, Technology, and Engineering
Assessment Science	689,578	689,578
Engineering and Integrated Assessments	336,766	351,766
Program increase for plutonium aging assessments		[15,000]
Inertial Confinement Fusion	529,000	600,000
Program Increase		[71,000]
Advanced Simulation and Computing	747,012	747,012
Weapon Technology and Manufacturing Maturation	292,630	292,630
Academic Programs	85,645	85,645
Total, Stockpile Research, Technology, and Engineering	2,680,631	2,766,631

Infrastructure and Operations
Operations of facilities	1,014,000	1,014,000
Safety and environmental operations	165,354	165,354
Maintenance and repair of facilities	670,000	1,020,000
Program increase		[350,000]
Recapitalization:
Infrastructure and safety	508,664	508,664
Capability based investments	143,066	143,066
Total, Recapitalization	651,730	651,730

Construction:
22–D–513 Power Sources Capability, SNL	13,827	13,827
21–D–510, HE Synthesis, Formulation, and Production Facility, PX	44,500	44,500
18–D–690, Lithium Processing Facility, Y–12	171,902	171,902
18–D–650, Tritium Finishing Facility, SRS	27,000	27,000
17–D–640, U1a Complex Enhancements Project, NNSS	135,000	135,000
15–D–302, TA–55 Reinvestment Project—Phase 3, LANL	27,000	27,000
06–D–141, Uranium Processing Facility, Y–12	524,000	600,000
Program increase		[76,000]
04–D–125, Chemistry and Metallurgy Research Replacement Project, LANL	138,123	138,123
22–D–514 Digital Infrastructure Capability Expansion	8,000	8,000
Total, Construction	1,089,352	1,165,352
Total, Infrastructure and operations	3,590,436	4,016,436

Secure transportation asset
Operations and equipment	213,704	213,704
Program direction	123,060	123,060
Total, Secure transportation asset	336,764	336,764

Defense Nuclear Security
Construction:	824,623	824,623
17–D–710 West end protected area reduction project, Y–12	23,000	23,000
Total, Defense nuclear security	847,623	847,623

Information technology and cybersecurity	406,530	406,530

Legacy contractor pensions	78,656	78,656
Total, Weapons Activities	15,484,295	15,944,295


Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Global material security
International nuclear security	79,939	79,939
Domestic radiological security	158,002	158,002
International radiological security	85,000	85,000
Nuclear smuggling detection and deterrence	175,000	175,000
Total, Global material security	497,941	497,941

Material management and minimization
Conversion	100,660	100,660
Nuclear material removal	42,100	42,100
Material disposition	200,186	200,186
Total, Material management & minimization	342,946	342,946

Nonproliferation and arms control	184,795	184,795

National Technical Nuclear Forensics R&D	45,000	45,000

Defense nuclear nonproliferation R&D
Proliferation Detection	269,407	299,407
Nuclear verification and detection, next-gen technologies		[30,000]
Nuclear Detonation Detection	271,000	271,000
Nonproliferation Stewardship Program	87,329	105,829
Program increase		[18,500]
Total, Defense nuclear nonproliferation R&D	627,736	676,236

Nonproliferation Construction:
18–D–150 Surplus Plutonium Disposition Project, SRS	156,000	149,500
Program decrease		[–6,500]
Total, Nonproliferation construction	156,000	149,500
Total, Defense Nuclear Nonproliferation Programs	1,854,418	1,896,418

Legacy contractor pensions	38,800	38,800
Nuclear counterterrorism and incident response program	356,185	374,685
Program increase		[18,500]
Emergency Operations	14,597	14,597
Use of prior-year MOX balances	–330,000	–330,000
Total, Defense Nuclear Nonproliferation	1,934,000	1,994,500


Naval Reactors
Naval reactors development	635,684	635,684
Columbia-Class reactor systems development	55,000	55,000
S8G Prototype refueling	126,000	126,000
Naval reactors operations and infrastructure	599,017	599,017
Construction:
22–D–532 Security Upgrades KL	5,100	5,100
22–D–531 KL Chemistry & Radiological Health Building	41,620	41,620
14–D–901 Spent Fuel Handling Recapitalization Project, NRF	348,705	348,705
Use of prior year balances	–6,000	–6,000
Total, Construction	389,425	389,425
Program direction	55,579	55,579
Total, Naval Reactors	1,860,705	1,860,705


Federal Salaries And Expenses
Program direction	464,000	464,000
Total, Office Of The Administrator	464,000	464,000


Defense Environmental Cleanup
Closure sites:
Closure sites administration	3,987	3,987

Richland:
River corridor and other cleanup operations	196,000	196,000
Central plateau remediation	689,776	689,776
Richland community and regulatory support	5,121	5,121
Construction:
18–D–404 Modification of Waste Encapsulation and Storage Facility	8,000	8,000
22–D–401 L–888, 400 Area Fire Station	15,200	15,200
22–D–402 L–897, 200 Area Water Treatment Facility	12,800	12,800
Total, Construction	36,000	36,000
Total, Hanford site	926,897	926,897

Office of River Protection:
Waste Treatment Immobilization Plant Commissioning	50,000	50,000
Rad liquid tank waste stabilization and disposition	817,642	817,642
Tank farm activities		0
Construction:
18–D–16 Waste treatment and immobilization plant—LBL/Direct feed LAW	586,000	586,000
01–D–16D High-Level Waste Facility	60,000	60,000
01–D–16E Pretreatment Facility	20,000	20,000
Total, Construction	666,000	666,000

ORP Low-level waste offsite disposal	7,000	7,000

Total, Office of River Protection	1,540,642	1,540,642

Idaho National Laboratory:
Idaho cleanup and waste disposition	358,925	358,925
Idaho excess facilities R&D
Idaho community and regulatory support	2,658	2,658
Construction:
22–D–403 Idaho Spent Nuclear Fuel Staging Facility	3,000	3,000
22–D–404 Additional ICDF Landfill Disposal Cell and Evaporation Ponds Project	5,000	5,000
Total, Construction	8,000	8,000
Total, Idaho National Laboratory	369,583	369,583

NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory	1,806	1,806
LLNL Excess Facilities D&D	35,000	35,000
Nuclear facility D & D
Separations Process Research Unit	15,000	15,000
Nevada	60,737	60,737
Sandia National Laboratories	4,576	4,576
Los Alamos National Laboratory	275,119	275,119
Los Alamos Excess Facilities D&D	58,381	58,381
Total, NNSA sites and Nevada off-sites	450,619	450,619

Oak Ridge Reservation:
OR Nuclear facility D & D	274,923	274,923
Total, OR Nuclear facility D & D	274,923	274,923

U233 Disposition Program	55,000	55,000
OR cleanup and disposition	73,725	73,725
Construction:
17–D–401 On-site waste disposal facility	12,500	12,500
Total, Construction	12,500	12,500
Total, OR cleanup and waste disposition	141,225	141,225

OR community & regulatory support	5,096	5,096
OR technology development and deployment	3,000	3,000
Total, Oak Ridge Reservation	424,244	424,244

Savannah River Sites:
Savannah River risk management operations
Nuclear Material	312,760	312,760
Solid Waste Stabilization and Disposition	45,968	45,968
Soil and Water Remediation	55,439	55,439
Risk Reduction Deactivation and Surveillance	21,000	21,000
Infrastructure and Land Management	17,557	17,557
Construction:
18–D–402 Emergency Operations Center Replacement, SR	8,999	8,999
Total, risk management operations	461,723	461,723

Savannah River Legacy Pensions	130,882	130,882
SR community and regulatory support	5,805	12,305
Program increase		[6,500]
Radioactive liquid tank waste stabilization and disposition	890,865	890,865
Construction:
20-D–401 Saltstone Disposal Unit #10, 11, 12	19,500	19,500
19–D–701 SR Security sytem replacement	5,000	5,000
18–D–402 Saltstone Disposal Unit #8/9	68,000	68,000
Total, Construction	92,500	92,500
Total, Savannah River site	1,581,775	1,588,275

Waste Isolation Pilot Plant
Waste Isolation Pilot Plant	350,424	350,424
Construction:
15–D–411 Safety significant confinement ventilation system, WIPP	55,000	55,000
15–D–412 Exhaust Shaft, WIPP	25,000	25,000
Total, Construction	80,000	80,000
Total, Waste Isolation Pilot Plant	430,424	430,424

Program direction	293,106	293,106
Program support	62,979	62,979
Technology development	25,000	25,000
Safeguards and Security	316,744	316,744
Federal Contribution to the Uranium Enrichment D&D Fund	415,670	415,670
Total, Defense Environmental Cleanup	6,841,670	6,848,170

Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security	130,809	130,809
Program direction	75,511	75,511
Total, Environment, Health, safety and security	206,320	206,320

Independent enterprise assessments
Independent enterprise assessments	27,335	27,335
Program direction	56,049	56,049
Total, Independent enterprise assessments	83,384	83,384

Specialized security activities	283,500	283,500

Office of Legacy Management
Legacy management	408,797	158,797
Rejection of proposed transfer of FUSRAP		[–250,000]
Program direction	19,933	19,933
Total, Office of Legacy Management	428,730	178,730

Defense related administrative support	163,710	163,710

Office of hearings and appeals	4,356	4,356
Subtotal, Other defense activities	1,170,000	920,000
Total, Other Defense Activities	1,170,000	920,000

*Air National Guard*
State	Installation or Location	Amount
Massachusetts	Barnes Air National Guard Base	$12,200,000
Delaware	Newcastle Air National Guard Base	$17,500,000
Idaho	Boise Air Terminal	$6,500,000
Illinois	Abraham Capital Airport	$10,200,000
Michigan	Alpena County Regional Airport	$23,000,000
	W. K. Kellogg Regional Airport	$10,000,000
Mississippi	Jackson International Airport	$9,300,000
New York	Schenectady Municipal Airport	$10,800,000
Ohio	Camp Perry	$7,800,000
South Carolina	McEntire Joint National Guard Base	$9,800,000
South Dakota	Joe Foss Field	$9,800,000
Wisconsin	Truax Field	$44,200,000
Wyoming	Cheyenne Municipal Airport	$13,400,000

SEC. 4101. PROCUREMENT(In Thousands of Dollars)
Line	Item	FY 2022 Request	House Authorized
	AIRCRAFT PROCUREMENT, ARMY
	FIXED WING
001	UTILITY F/W AIRCRAFT		20,000
	Avionics upgrade		[20,000]
004	SMALL UNMANNED AIRCRAFT SYSTEM	16,005	16,005
	ROTARY
007	AH–64 APACHE BLOCK IIIA REMAN	504,136	494,136
	Unit cost growth		[–10,000]
008	AH–64 APACHE BLOCK IIIA REMAN AP	192,230	192,230
010	UH–60 BLACKHAWK M MODEL (MYP)	630,263	582,263
	Unit cost growth		[–48,000]
011	UH–60 BLACKHAWK M MODEL (MYP) AP	146,068	357,568
	UH–60 Black Hawk for Army Guard		[211,500]
012	UH–60 BLACK HAWK L AND V MODELS	166,205	166,205
013	CH–47 HELICOPTER	145,218	397,218
	Army UPL		[111,100]
	Program increase—F Block II Army UPL		[140,900]
014	CH–47 HELICOPTER AP	18,559	47,559
	Program increase—F Block II		[29,000]
	MODIFICATION OF AIRCRAFT
017	GRAY EAGLE MODS2	3,143	33,143
	Recapitalization of MQ–1 aircraft to extended range Multi Domain Operations configuration		[30,000]
018	MULTI SENSOR ABN RECON	127,665	115,910
	ABN ISR Mods—insufficient justification		[–4,000]
	ARL Payloads—MEP SIL reduction		[–3,000]
	Unjustified cost—spares		[–4,755]
019	AH–64 MODS	118,560	113,560
	Unjustified cost—Spike NLOS integration		[–5,000]
020	CH–47 CARGO HELICOPTER MODS (MYP)	9,918	9,918
021	GRCS SEMA MODS	2,762	2,762
022	ARL SEMA MODS	9,437	9,437
023	EMARSS SEMA MODS	1,568	1,568
024	UTILITY/CARGO AIRPLANE MODS	8,530	8,530
025	UTILITY HELICOPTER MODS	15,826	51,826
	Program increase		[11,000]
	UH–72 modernization		[25,000]
026	NETWORK AND MISSION PLAN	29,206	29,206
027	COMMS, NAV SURVEILLANCE	58,117	58,117

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION(In Thousands of Dollars)
Line	ProgramElement	Item	FY 2022 Request	House Authorized
		RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY
		BASIC RESEARCH
001	0601102A	DEFENSE RESEARCH SCIENCES	297,241	324,288
		Lightweight, High Entropy Alloy Research		[5,000]
		Program increase		[22,047]
002	0601103A	UNIVERSITY RESEARCH INITIATIVES	66,981	72,809
		Program increase		[5,828]
003	0601104A	UNIVERSITY AND INDUSTRY RESEARCH CENTERS	94,003	109,003
		Biotechnology advancements		[4,000]
		Polar Research and Training		[6,000]
		SMART and Cognitive Research for RF/ Radar		[5,000]
004	0601121A	CYBER COLLABORATIVE RESEARCH ALLIANCE	5,067	5,067
005	0601601A	ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING BASIC RESEARCH	10,183	15,183
		Program increase		[5,000]
		SUBTOTAL BASIC RESEARCH	473,475	526,350

		APPLIED RESEARCH
006	0602115A	BIOMEDICAL TECHNOLOGY	11,925	11,925
007	0602134A	COUNTER IMPROVISED-THREAT ADVANCED STUDIES	1,976	1,976
008	0602141A	LETHALITY TECHNOLOGY	64,126	65,126
		CPF—Research and Development of Next Generation Explosives and Propellants		[1,000]
009	0602142A	ARMY APPLIED RESEARCH	28,654	28,654
010	0602143A	SOLDIER LETHALITY TECHNOLOGY	105,168	115,168
		AFC Pathfinder Partnership Program-Air Assault		[10,000]
011	0602144A	GROUND TECHNOLOGY	56,400	118,400
		Additive Manufacturing Materials		[9,000]
		Advanced materials process		[10,000]
		Chemical and Biological Detection		[5,000]
		CPF—Army Research Lab (ARL) Additive Manufacturing/Machine Learning (AM/ML) Initiative		[5,000]
		High performance polymers		[10,000]
		Modeling Enabled Multifunctional Materials Development (MEMMD)		[6,000]
		Program increase		[17,000]
012	0602145A	NEXT GENERATION COMBAT VEHICLE TECHNOLOGY	172,166	190,166
		CPF—High-efficiency Truck Users Forum (HTUF)		[2,500]
		CPF—Structural Thermoplastics Large-Scale Low-Cost Tooling Solutions		[4,500]
		Prototyping Energy Smart Autonomous Ground Systems		[8,000]
		Tactical Behaviors for Autonomous Maneuver		[3,000]
013	0602146A	NETWORK C3I TECHNOLOGY	84,606	136,406

SEC. 4301. OPERATION AND MAINTENANCE(In Thousands of Dollars)
Line	Item	FY 2022 Request	House Authorized
	OPERATING FORCES
010	MANEUVER UNITS	3,563,856	3,317,341
	OFS Drawdown		[–191,515]
	Unjustified growth		[–55,000]
020	MODULAR SUPPORT BRIGADES	142,082	142,082
030	ECHELONS ABOVE BRIGADE	758,174	748,174
	Unjustified growth		[–10,000]
040	THEATER LEVEL ASSETS	2,753,783	1,614,442
	OFS Drawdown		[–998,027]
	Program decrease		[–5,000]
	Unjustified growth		[–136,314]
050	LAND FORCES OPERATIONS SUPPORT	1,110,156	1,110,156
060	AVIATION ASSETS	1,795,522	1,775,522
	Unjustified growth		[–20,000]
070	FORCE READINESS OPERATIONS SUPPORT	7,442,976	5,476,104
	Advanced Bomb Suit		[12,940]
	Arctic Cold Weather Gloves		[13,867]
	Arctic OCIE for Fort Drum, Fort Carson, and Alaska bases		[65,050]
	CENTCOM—Heavy Lift Logistics		[40,300]
	Extended Cold Weather Clothing System (ECWCS)		[8,999]
	Female/Small Stature Body Armor		[81,750]
	Garrison Installation Facilities-Related Control Systems (FRCS)		[13,070]
	Industrial Base Special Installation Control Systems		[14,820]
	Multi-Domain Operations—Live		[1,500]
	OFS Drawdown		[–2,144,168]
	Unjustified growth		[–75,000]
080	LAND FORCES SYSTEMS READINESS	580,921	614,921
	CENTCOM—COMSAT air time trasponder leases		[34,000]
	Sustainment and maintenance of quality of life infrastructure		[20,000]
	Unjustified growth		[–20,000]
090	LAND FORCES DEPOT MAINTENANCE	1,257,959	1,346,976
	Tactical Combat Vehicle Repair Cycle Float (RCF).		[89,017]
100	MEDICAL READINESS	1,102,964	1,102,964
110	BASE OPERATIONS SUPPORT	8,878,603	8,916,732
	Program decrease		[–14,000]
	Subsistence		[52,129]
120	FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION	4,051,869	4,503,249
	Program increase		[451,380]